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Silence820


Feb 3, 2015, 10:56 AM

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~~~~> u.s. citizen marrying non-citizen

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I apologize if this question is in the wrong area.

here is my situation; I am an u.s. citizen living in mexico for the past 5 year. I have since met and now live with a Mexican woman and her son, and we have a 2 year old daughter. we would like to get married, however as you know, here in mexico when married the woman retains her last names. we would like for her to acquire my last name upon getting married.

my questions are;
what would be the process for her to travel to the u.s.?
would she be able to u.s. her u.s. name legally here in mexico?
if we get married in the u.s. then return here to mexico. can we then start her paperwork to obtain a visa and possibly a green card with her new last name?
~~The Right Path, Is Your Own Path~~



YucaLandia


Feb 3, 2015, 12:13 PM

Post #2 of 3 (5353 views)

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Re: [Silence820] ~~~~> u.s. citizen marrying non-citizen

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Apply at a US Consulate for a visa to go to the USA.

Read http://Section 216 of the Immigration and Nationality Act (INA) about becoming a lawful permanent resident on a conditional basis, based on marriage.

Note that she has to stay in the USA for the first period (18 months?) after receiving the green card - to later apply to convert the conditional permanent residency card (temporary green card) into a "permanent" permanent residency card. My wife's green card application took 15 months to finally get approved, (basically meaning we had to stay in the USA while it was being processed) even though we had been married 4 years, had a US marriage, had joint accounts, etc. **

Once she got her conditional temporary green card, we had to ultimately abandon her US permanent residency, because she had to return to Mexico within that 18 month window due to contractual obligations.

Per CIS rules, she also has to plan to stay in the USA "permanently", and basically live in the USA "permanently" to keep the "permanent" residency card valid: ( The US Govt. has it's own special definitions of "permanent". )

"You may also lose your permanent resident status by intentionally abandoning it. You may be found to have abandoned your status if you:
  • Move to another country, intending to live there permanently.
  • Remain outside of the United States for an extended period of time, unless you intended this to be a temporary absence, as shown by:
    • The reason for your trip;
    • How long you intended to be absent from the United States;
    • Any other circumstances of your absence; and
    • Any events that may have prolonged your absence.
    • Note: Obtaining a re-entry permit from USCIS before you leave, or a returning resident visa (SB-1) from a U.S. consulate while abroad, may assist you in showing that you intended only a temporary absence.
  • Fail to file income tax returns while living outside of the United States for any period.
  • Declare yourself a “nonimmigrant” on your U.S. tax returns."



A good Mexican Notario or Lawyer can tell you what steps are needed to change her legal name in Mexico.

Individual Mexican state governments can have differing requirements on this, so if you are a DIY person, you could check with your state Registro Civil office about their requirements.


All the best,
steve
.
.
**Talk with a good US immigration law attorney about your options. Friends have described some work-arounds that some immigration attorneys use, but they're the experts on what makes a smooth process, and what triggers problems with CIS/Homeland Security.
-
Read-on MacDuff
E-visit at http://yucalandia.com

(This post was edited by YucaLandia on Feb 3, 2015, 12:42 PM)


YucaLandia


Feb 3, 2015, 12:27 PM

Post #3 of 3 (5345 views)

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Re: [Silence820] ~~~~> u.s. citizen marrying non-citizen

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This website describes a lot more details: http://www.alllaw.com/...arriage-citizen.html including some 3 year and 5 year rules ...?
-
Read-on MacDuff
E-visit at http://yucalandia.com
 
 
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