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What is the legal process for an American woman marrying a Mexican man? He has a tourist visa, but not a green card.

Columbus, OH |

We want to live in the US eventually (I spent the past two years working in Mexico City) but I have heard it is nearly impossible to get a green card, even for spouses of American citizens. He speaks fluent English, has a college degree, and has never entered the US illegally.

He is not, however, interested in US citizenship as he already has dual-citizenship in Mexico and Spain. Is there anything we should be doing before marrying within the next couple of years that could speed up the process? Thank you for any advice!

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Attorney answers 2

Posted

When you that he wants to come to the U.S. and if you are not married, you will have to file for his K-1 visa (fiance). If you are married, then you have two options, either pursue a K-3 visa or obtain his immigrant visa through a consular process. It seems to me that if you're planning ahead, your best option is to file for his immigrant visa.

For planning purposes, make sure that your tax returns are in order, since you will have to show sufficient income to satisfy the Affidavit of Support requirements. If you do not, then you could use your assets or use a joint sponsor to satisfy the requirement.

Best of luck.

Posted

It is not impossible. Your factual circumstances may allow for some creative alternatives to speed up the process. It may be possible to have your fiance here in the U.S. within a few months. You should consult with a skilled immigration attorney as soon as possible.

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