BRN2005 said:
What is the name of your state? Co
My son and his gf have both just earned dual masters degrees (son in architecture and business and gf in architecture and urban development). Gf is from Veracruz, Mx and is in US on a student VISA. They plan to marry. My question is, what will their citizenship status be in either the US or Mexico after they have married? Does it matter where they get married? One of the main reasons why this matters is that they have a huge architectural/developmental project planned in Mexico (many of the potential investors will be US citizens). What effect will this have on either (or both) of their abilities to travle freely between the US and Mexico?
Congrats to them on their achievements!
Marriage and immigration are going to be factors; they need to do some studying up.
1-marriage alone does nothing for her immigration status, except make entering the US more difficult (yes, you read right) in the future.
2-it might matter where they marry. It's easiest in the US, more difficult for the US citizen to marry in Mexico.
3- the timeline of their project is a factor, and where do they plan to live in the future, and how far in the future.
Here are some things to consider. If she wants to live in the US, she needs a Green Card, also known as Permanent Resident status. They can marry now and she may apply to Adjust Status to PR and that will take some time (months to years). If she maintains the US as her --principle residence-- she can leave the US and return with a travel document until she gets her GC.
If she marries and does not file papers while --already in the US-- (which she is now), she will have a harder time entering the US as a tourist --because--she has a USC spouse. She would need to show evidence that HE lives outside the US so she is not suspected of trying to immigrate as a tourist.
So, if they marry, go to Mexico (or the other way round) and want to return, it is going to take --get ready--close to two years. The current wait for an immigrant visa appointment in Mexico is 12 months. The paperwork necessary to get that far can take a year to process as well.
Their best bet would be to consult a lawyer. Find a family-based immigration --attorney-- (not a notario or advisor) who is familiar with Mexico. She needs to have her tourist visa (if she has one) straightened out and she needs advice on how to enter the US as a visitor with a USC spouse. They also need to factor in the current wait times, and don't talk to a lawyer who isn't aware of them. It's reasonable to have a consultation and learn some things, but doing your own case yourself is very time consuming (I did my own).
It is possible for them to marry now, put in her US immigration forms and do some of the waiting concurrent with their work in Mexico. Again, their timelines matter.
His migration to Mexico--sorry, I don't have that one down. Check the Mexican Consulate in the US on the web for info.
Your original question was about citizenship. Citizenship is avaliable to people who have been Permanent Residents for a certain amount of time--it's not the first thing that happens, but 3-5 years down the road, if she chooses. Many people live in the US as PRs for years and years and never naturalize (altho it is a good idea).
Again, for Mexico, I'm pretty certain that it's not automaticaly given to spouses--hardly any country still does that.
Go to uscis.gov and start reading in the How Do I section using some of the new terms I gave you here. You'll learn more than you ever wanted to know!
