I’m assuming that you are a U.S. citizen. What you need to do is pretty straight forward. Get married and then petition for your husband. You will need to file an I-130 Petition along with all of the supporting documents and forms. Once the I-130 is approved, you will then begin the part of the process call consular processing. It can get a bit complicated for the whole procedure so I recommend that you do it with a lawyer.

Answer Applies to: Florida
Replied: 11/2/2011

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What is your Immigration status? If you are a Citizen of the U.S. and your fiancee has no criminal convictions in Mexico or the U.S. (if he was here previously) and has no prior negative Immigration history, you can apply for him to join you in the U.S. as a fiancee, BUT this will need to be filed before you get married. A Green Card holder cannot file for a fiancee visa. You can also file for him as the husband of a U.S. Citizen or as the husband of a Green Card holder.

Answer Applies to: Washington
Replied: 11/1/2011

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You will need to file an application in the U.S. for him. Check with an immigration attorney you trust to give you a checklist of documents and do the filing.

Answer Applies to: Texas
Replied: 11/1/2011

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Once you are married, you can file for your spouse. The process begins with the filing of an I-130 immigrant visa petition in which you must establish the bona fides of the relationship. If you are a citizen, he can immigrate once the I-130 is approved. If you are a permanent resident, however, there will be a wait of several years because there is a backlog in the category for spouses of a permanent resident. Currently, for spouses of permanent residents from Mexico, the government is processing cases that were filed in December of 2008. See: http://travel.state.gov/visa/bulletin/bulletin_5572.html. If you obtain citizenship, however, there is no limit to the number of visas available to spouses of U.S. citizens so your husband would not be subject to a backlog and could immigrate immediately. Once the case is current and a visa is available, the case is sent to the National Visa Center which is the hub for consular processing around the world. The National Visa Center will send you forms that you must complete on behalf of your spouse, including the affidavit of support. The affidavit of support is to demonstrate that you have sufficient income to prevent your spouse from obtaining welfare. After you complete the forms and send them to the National Visa Center, your spouse will be scheduled for an interview at the consulate. There, they will determine if there is anything in your spouse's past that would prevent him from immigrating such as crimes, immigration violations, etc. If your fiance has ever been in the U.S. illegally before for more than one year, he will need a waiver of his prior unlawful presence. If everything goes well and any waiver(s) are approved, he will enter as a permanent resident.

Answer Applies to: Colorado
Replied: 11/1/2011

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Assuming he has not previously been in the U.S. and overstayed and doesn’t have a serious criminal record, then it is a straightforward multi-step process. Call my office and schedule a time to talk and I can go through this with you advising on the timing, procedures, fees, documents needed etc. If your fiancé was previously in the U.S. and overstayed or has ever been deported then it may still be doable but will be more complicated and more expensive.

Answer Applies to: California
Replied: 11/1/2011

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After you are married you can come back to the US and file a K-3 petition. Or you can file a K-1 petition before you get married. Good luck.

Answer Applies to: Florida
Replied: 10/31/2011

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If your fiancé has never been in the U.S. illegally or deported from the U.S., you can file an immigrant Petition for him. Once it is approved, the case will be transferred to the National Visa Center. You will have to file additional forms and documentation with them. He will be called in for an interview at the consulate. Assuming all goes we'll, he will be granted residency and entry into the U.S.

Answer Applies to: Tennessee
Replied: 10/31/2011

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You can file a petition, but it is a complicated process and some are disqualified, even if married to a U. S. Citizen. You may want to hold off on the marriage and petition him as your fiancé. I strongly recommend an appointment with a competent and experienced immigration attorney before you take any further action.

Answer Applies to: Illinois
Replied: 10/31/2011

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If you file a fiance petition now, if it is approved, he can apply for an immigrant visa at the US Consul in Mexico. If you marry in Mexico now, you will need to file a visa petition for him and the US Consul closest to his residence will have instructions on how he can apply for an immigrant visa.

Answer Applies to: Colorado
Replied: 10/31/2011

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File an adjustment of status petition (and related papers) for him. It will be easier to get him here on a fiance visa first, get married in the US, then do the adjustment process inside the US.

Answer Applies to: Florida
Replied: 10/31/2011

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The answer depends upon any prior immigration history and/or criminal record your fianc may have. Assuming he does not have an adverse immigration history and no criminal record, you would file an immigrant visa petition for him. The process takes about a year assuming you are a U.S. citizen. If approved, he will be allowed to enter the United States and will receive lawful permanent residence.

Answer Applies to: New York
Replied: 10/31/2011

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You need to file either a I-129F fianc visa petition so that he can come to the U.S. in order to marry you or an I-130 relative petition if you married in Mexico.

Answer Applies to: California
Replied: 10/31/2011

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After you get married, you either file the K-3 visa for him to come to the US to apply for permanent residence or he can file for the immigrant visa.

Answer Applies to: Texas
Replied: 10/31/2011

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Once you marry, you can file for his Permanent Residency. This is an I-130 application in the US and will then be sent to Ciudad Juarez in Mexico for Immigrant Visa issuance.

Answer Applies to: California
Replied: 10/31/2011

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You can start the three step consular processing method to obtain entry and a green card for him.

Answer Applies to: California
Replied: 10/31/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.