Q: How do we go about applying for a spousal visa for a Mexican citizen to enter the United States?

A: If he has ties to Canada like being a full time student or having a job there, the US State Department, at its discretion, will allow him to process at the US Consulate in Quebec instead of Mexico. If you marry him before his child turns 18, then you can sponsor his child for a green card as your stepchild.

A: Applying for an IR-1 or CR-1 visa is typically the best choice for your situation. These visas are designed for spouses of U.S. citizens and lead directly to lawful permanent residency, allowing your fiancé to live and work in the United States without delay. Compared to the B-2 tourist visa, which is temporary and doesn’t permit employment, the IR-1/CR-1 provides a more permanent solution aligned with your long-term goals.

Including his son in the application is possible, as he can be listed as a derivative beneficiary on the visa petition. This ensures that the entire family can move to the U.S. together under the same visa category. The K-1 fiancé visa is another option, but it requires marriage within 90 days of entry and then applying for a green card, which can take more time and involves additional steps.

With an IR-1 or CR-1 visa, your fiancé will receive his green card upon entering the U.S., granting him immediate work authorization. This eliminates the need for separate work permits and speeds up the process of settling into your new life together. Make sure to prepare all necessary documents and follow the application procedures carefully. Consulting with an immigration attorney can also help ensure everything is completed correctly and efficiently.