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EB2 Indian marrying Mexican

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  • EB2 Indian marrying Mexican

    In a couple of weeks I am marrying my girl in Cancun. She is Mexican and lives there but she keeps coming to Seattle once in a while. I got my GC approved in May 2015. I have a few questions with regards to the Green Card process-

    - What kind of documentation do I have to provide in order to support the evidence of marriage?
    - We are marrying in Cancun but I believe we have to officially marry in Washing ton as well?
    - What does the process look like for getting her to the United States permanently and adding her to my application?
    - It appears that Mexico has "Current" priority date for EB2. Any idea how this fast-tracks my application in EB2? I assume this means I could probably get my GC in less than 2 years?

  • #2
    Secondary question - for a previous divorce, do I have to submit any further evidence of marriage to USCIS?

    Comment


    • #3
      You need a copy of the marriage certificate, a copy of its translation into English, and proof of bonafide marriage such as pics together, shared financial accounts, etc.

      Since you will already be married you do not have to marry again in Washington state. Indeed, any marriage ceremony in Washington has no legal validity and any marriage certificate you receive from Washington for that ceremony would be based on a fraudulent marriage license. Fraudulent because when you get a marriage license you have to swear that you are not married.

      The last question of your first post is very strange. Do you have a green card or not? If you don’t have a green card, then as an Indian on an H1-B, you aren’t getting one for a 100 years or more.

      With regard to your second post you need to submit a copy of your divorce decree.



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      • #4
        The OP's question was how does his future spouses' nationality affect his GC petition. The answer is: Yes, your GC petition can claim the current PD based on your spouse's nationality (at birth) if she is emigrating with you.
        Just an opinion; Not legal advice.

        Comment


        • #5
          From what I understand you applied for EB2 but still waiting for GC. I think cross chargeability can only be done when the married couple applies for GC.

          Don't know if you can start a new AOS asking to charge your GC to Mexico instead of India, or if you can do the same on your current process.

          I guess this is a little complex and they may think that the only reason you got married was to expedite your GC. Maybe you will need to prove that your marriage is bona fide? Sorry, don't know, just thinking out loud.
          Nov 2018 - Package sent - EB - Texas Service Center
          Day 1 - Package received at the lockbox
          Day 12/34 - Case and Fingerprint Fee Received / Biometrics appointment
          Day 112 - EAD delivered
          Day 195 - Letter for missing I-693
          Day 3xx - no news

          Comment


          • #6
            Originally posted by Enub4 View Post
            From what I understand you applied for EB2 but still waiting for GC. I think cross chargeability can only be done when the married couple applies for GC.

            Don't know if you can start a new AOS asking to charge your GC to Mexico instead of India, or if you can do the same on your current process.

            I guess this is a little complex and they may think that the only reason you got married was to expedite your GC. Maybe you will need to prove that your marriage is bona fide? Sorry, don't know, just thinking out loud.
            According to the OP, since he is from India and his PD is not current, he has not filed for AOS yet. The couple would be applying for AOS together, and hence they are eligible for cross chargeability.
            Just an opinion; Not legal advice.

            Comment


            • #7
              Originally posted by scientist2016 View Post

              According to the OP, since he is from India and his PD is not current, he has not filed for AOS yet. The couple would be applying for AOS together, and hence they are eligible for cross chargeability.
              Thanks, now I see it, I just checked the visa bulletin and wow EB2 India shows 2009.

              The process for the OP depends on the type of visa that already has. My guess is that they will not have any problem if the visa is a dual intent visa, they just have to get married, apply for a dependent visa for her, travel to the USA with that visa, and apply together for AOS on the approved application indicating the cross chargeability.
              Nov 2018 - Package sent - EB - Texas Service Center
              Day 1 - Package received at the lockbox
              Day 12/34 - Case and Fingerprint Fee Received / Biometrics appointment
              Day 112 - EAD delivered
              Day 195 - Letter for missing I-693
              Day 3xx - no news

              Comment

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