Legal Question in Immigration Law in California
Marriage of a United States Citizen to a Mexican National
What is the best way for an American Citizen to marry a Mexican Citizen who is in the United States illegaly? Marry in the US first, and then in Mexico, or the reverse. Residence status is desired in both countries based on seasonal preference.
2 Answers from Attorneys
Re: Marriage of a United States Citizen to a Mexican National
Is marriage in Mexico a real option? If not then it may be better to marry in the US and stay put for a while, as section 245(i) allowing adjustment without leaving the US may become an option for those who entered illegally. In any event the your potential Mexican national spouse should consult with an immigration attorney prior to leaving the US.
Re: Marriage of a United States Citizen to a Mexican National
Need more info on whether your friend entered the US illegally or entered with a visa and overstayed. Also, you need to only marry once, not "in the US first, and then in Mexico!"
If your friend originally entered with a visa, then the best way is to marry here and file adjustment of status. S/he can get a travel permit after that. However, if s/he entered without inspection, section 245(i) may or may not help later this year, depending on which version will be passed by Congress. If it doesn't help, then you should get married in Mexico and do consulate processing.
Liem Doan, Esq.
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