Is it better to get married in the US or overseas for immigration purposes? 5 Answers as of January 26, 2011

Me and my boyfriend have been together 6 years and have two children. Is it better to get married here and then him go back to Mexico and me file for his green card or is it better for us to get married in Mexico? I'm very worried about the 10 year bar if he crosses back to Mexico because I don't make enough money to support our family by myself. Or should he stay here and file ?

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Hugo Florido ESQ.
Hugo Florido ESQ. | Hugo Florido
The law makes no distinction.
Answer Applies to: Florida
Replied: 1/26/2011
The Vega Law Firm
The Vega Law Firm | Linda Vega
I need more information to answer your question. How long has your boyfriend been in the U.S.? How did he enter the U.S?
Answer Applies to: Texas
Replied: 1/25/2011
Law Office of Immigration & International Trade Law
Law Office of Immigration & International Trade Law | Linda Liang
You did not say how your boy friend came to the country. If you crossed the border, there might not be good opportunity for you.
Answer Applies to: Florida
Replied: 1/25/2011
Feldman Feldman & Associates, PC
Feldman Feldman & Associates, PC | Lynne Feldman
If your boyfriend came into the US with a Visa hell be able to get his green card from the US and its very important that he not go back to Mexico because he will trigger the 10 year bar which is not easy to overcome. If he came here without a Visa hell likely have to return to Mexico anyways to get his visa and will trigger the ten year bar. Since you have two children its possible hed be able to get a waiver of the bar but no guarantee. I recommend you get married in the US regardless and consult with an immigration attorney, particularly if he didnt enter the country legally.

Contact my office for a consultation if you wish additional information related to your case specifically on procedures and fees. We do charge for consultations but the consultation fee will then be a credit toward the fees for your case if we are retained for further work after the consultation.
Answer Applies to: California
Replied: 1/25/2011
Nicastro Piscopo, APLC
Nicastro Piscopo, APLC | Louis M. Piscopo
Where you get married does not matter. The ten year bar that he will trigger when he leaves affects him whether your get married here or in Mexico. Unless your fiance last entered the U.S. with inspection or was paroled into the US, or is protected under 245(i) he will have to consular process outside the U.S. Once he departs the US he will need to file a waiver to return if has more than one year of unlawful presence. Such waivers are not easy to get approved so you should consult with an attorney before deciding to have your fiance leave.
Answer Applies to: California
Replied: 1/25/2011
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