Asked in Immigration Law

Q: How can my husband get a green card if he already has a U.S Tourist visa?

I am a U.S Citizen and have lived almost my whole life in Mexico. My husband currently has a U.S tourist visa, and we got married In the U.S a few years ago. We both live in Mexico, what would be the first step in getting him a green card? What forms do I need to fill out?

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3 Lawyer Answers
Drew Elesh
Drew Elesh
PREMIUM
Answered
  • Immigration Law Lawyer
  • Chicago, IL

A: We can apply for your husband in the U.S. with the Department of Homeland Security.

It requires a copy of your marriage certificate and proof of U.S. citizenship such as

your birth cert or U.S. passport. We do any translations if necessary.

We charge a flat fee for the process. It takes about 12-13 months to get approved at

the U.S. Embassy in Mexico. Call us to get started and we will send you a contract to

sign and you can email us the required documents. We do need any divorces if either

party has been married. We also will need 2 passport photos of each party. Those are

2 inches by 2 inches. Then you are ready. We accept payment over the phone by credit or debit or Quickpay. Thank you and we look forward to performing these legal services for

you and your husband.

Drew

Adan Vega
Adan Vega
Answered
  • Immigration Law Lawyer
  • Houston, TX

A: You will need to file the FORM I-130 with USCIS with the proper support documentation ( marriage certificate, proof of your U. S. citizenship, passport style photos of each of you, divorce decrees if applicable , etc.). Upon approval of the relative petition , the case will be transferred to the National Visa Center for further processing. The case will be ultimately transferred to the U. S. Consulate in Cuidad Juarez, Mexico for an interview.

Stephen Arnold Black agrees with this answer

Kevin L Dixler
Kevin L Dixler
Answered
  • Immigration Law Lawyer
  • Chicago, IL

A: I agree, but presenting a time line for both USCIS an consular processing seems a bit premature. The Trump Administration has suspended all immigrant visa processing at consulates and embassies abroad pending further instructions due to COVID19.

That said, filing the I-130 petition with USCIS can be done now. The second part of processing may be delayed as a result.

There are some petitioners who can cause the disqualification of an applicant. I strongly recommend an appointment with a competent and experienced immigration attorney before there are any other complications.

The above is general information, not legal advice, and does not create an attorney client relationship.

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