Chester, CA Immigration Law Firms & Lawyers

Getting married in Mexico is fine and would be recognized for immigration purposes; alternatively you can petition for him to come as a fianc and file documents for his permanent residency in the U.S. We would need to evaluate the complete immigration and criminal history of your boyfriend to determine whether there will be any problems getting him back? Was he here in status? Did he enter illegally? Did he overstay his visa? Has he ever returned to the U.S. after accumulating out of status time and then leaving? Details of his DUI are needed. Does he have any other arrests or convictions? He will need to show that he is not dependent on alcohol. When did the DUI occur? I would suggest a consultation to go over all of these questions with him on the phone and with you either on the phone or in person. This can be arranged by calling my office and scheduling and arranging payment.

You may file an I-130 immigrant petition for him. If you are in California, the processing time for this kind of petition is about 11 months (according to the published processing time of California Service Center). Once the petition is approved, it will be sent to National Visa Center for visa application processing, and then after that, to the US Embassy in Mexico for interview.

For your marriage to your US Citizen spouse to be valid, your previous marriage must have already been legally terminated before the date of your marriage to your US Citizen spouse. USCIS will not consider your marriage to your US Citizen spouse to be a valid basis of the Form I-130 petition if it was contracted at a time when you were still married to your previous spouse.