I am a u.s. citizen and my husband was born in mexico. We recently got married in mexico three months ago. We want to start the process of fixing my husbands documents so he is able to move to the u.s. with me. He does not have a criminal record in mexico or an immigracion record. He has never tried to enter the u.s. illegally. We are wondering what we need to do to start the process and if we will need to hire a lawyer or do the papefwork ourselves. How long will the process take? How soon will he be able to work in the u.s. Meanwhile can he live in the u.s. with a permit?

I forgot to mention the state we are wanting to start the process in is California.

So he's in Mexico?

The normal process is through consular processing. You first file an I-130 petition, and then after it's approved, you and him will get some packets of forms to fill out, and he will need to go through fingerprinting and an interview at the U.S. consulate in Mexico. At the end if he gets approved he will receive a CR-1 or IR-1 visa. When he uses that visa to enter the U.S. he will get a green card.

The whole process (from filing of I-130 to him receiving CR-1/IR-1 visa) should take around a year. You don't need a lawyer unless there are some problematic things in your application; there are some good online do-it-yourself guides.

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Originally Posted by newacct

So he's in Mexico?

The normal process is through consular processing. You first file an I-130 petition, and then after it's approved, you and him will get some packets of forms to fill out, and he will need to go through fingerprinting and an interview at the U.S. consulate in Mexico. At the end if he gets approved he will receive a CR-1 or IR-1 visa. When he uses that visa to enter the U.S., he will get a green card.

The whole process (from filing of I-130 to him receiving CR-1/IR-1 visa) should take around a year. You don't need a lawyer unless there are some problematic things in your application; there are some good online do-it-yourself guides.

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Thank you, your answer is helpful. And yes he is in Mexico. Do you believe if he can obtain a permit to visit?

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Originally Posted by missdelyy

Thank you, your answer is helpful. And yes he is in Mexico. Do you believe if he can obtain a permit to visit?

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Yes, he can always apply for a tourist visa to temporarily visit in the meantime. He would need to demonstrate a strong connection to his home country to show that he will go back after he comes here.

Yes, that is the catch to the tourist visa, if he wants to move and stay in US, they deny the tourist visa.

I would get a US immigration attorney, who may move the process along faster