How do I go about getting my fiance a U.S. residency? 8 Answers as of March 19, 2014

I am an American citizen while he is a Mexican citizen. He has never entered the U.S. nor does he have priors with the law. I will be going to Mexico in a few weeks and stay for a few months or as needed. We were wondering how to go about getting him a residency to enable him to come back with me? How long would the process take?

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Law Offices of Svetlana Boukhny
Law Offices of Svetlana Boukhny | Svetlana Boukhny
You can petition for him as a fiance. The process will take about 9-12 months.
Answer Applies to: California
Replied: 3/19/2014
Law Office of Michael McVicker
Law Office of Michael McVicker | Michael A. McVicker
You have two options:
1. You can file an I-129F fiance petition at this time. After the USCIS approved the petition, they will transfer it to the U.S. Dept. of State for further processing at the U.S. Consulate in Ciudad Juarez. After providing some required documents and having a medical exam, he will be scheduled for K-1 visa interview and, assuming all goes well, he will be issued a K-1 visa, which he will then be able to use to enter the U.S. In that case, you cannot marry him until he eventually receives a K-1 visa to enter the U.S. He will then have to marry you within 90 days of entering the U.S., after which he will need to file an I-485 Application for Permanent Residency.

2. You can go to Mexico, marry him, and then file an I-130 Immigrant Petition with the USCIS. After the USCIS approves the I-130 Immigrant Petition, they will transfer it to the U.S. Dept. of State for a process known as Consular Processing. After providing some required documents and having a medical exam, he will be scheduled for an immigrant visa interview and, assuming all goes well, he will be issued an immigrant visa, which he will then be able to use to enter the U.S. and be admitted into the U.S. as a Permanent Resident.
Answer Applies to: Virginia
Replied: 3/5/2014
Pius Joseph A Professional Law Corp. | Pius Joseph
You can either get him a fiance visa, or file a Petition for him here. The process should not take over a year with consular processing. If he comes to U.S (on a visa) you can file and apply for adjustment However, be careful about dual intent issues.
Answer Applies to: California
Replied: 3/5/2014
Law Offices of Linda Rose Fessler | Linda Fessler
You should apply for a fiance visa. Once he gets it, he can come into the country and marry you. He then can get a conditional green card.
Answer Applies to: California
Replied: 3/5/2014
Penn Law
Penn Law | Gigi Penn
You may file a fiance petition for him. Your upcoming visit to Mexico to see him will help to prove your ongoing relationship. However, he would probably not be able to come to the US with you when you return. The process generally takes about 5-6 months.
Answer Applies to: Washington
Replied: 3/5/2014
    Law Office of Eric Fisher | Eric Fisher
    The fiance visa is applied for starting with USCIS.gov form I-129F You should probably retain an immigration attorney to help if you want him in the US anytime soon.
    Answer Applies to: Colorado
    Replied: 3/5/2014
    Law Offices of Grinberg and Segal
    Law Offices of Grinberg and Segal | Alexander Segal
    You have two options. The first is to seek a fiancee visa. This would allow him to enter the United States for the purposes of marrying and seeking permanent resident. The second option would be to marry and petition for him to receive an immigrant visa. Each process has good and bad aspects. I would recommend you consult an attorney for more information.
    Answer Applies to: New York
    Replied: 3/5/2014
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