My husband and I got married in Mexico one month ago. He moved to Mexico from the United States, on a tourist visa, because he wanted to live here with me while the I-130 process was pending. I have been doing research on this process, but I am not sure (with the change in law about DCF) if we can still file in Mexico or if we must apply at a visa center in the U.S. Also, I am not sure if we can do DCF from Mexico if he is here on a tourist visa. SInce he is studying right now and does not have an income, I am also assuming that his father can fill out the affidavit of support on our behalf. I would really appreciate any knowledge any one has regarding this process in Mexico.


Thank you,
Jeni

Jeni,
You need to check with the consulate in CD. Juarez I think and the Embassy in the Distrito Federal if you can file DCF with your husband being there on a tourist visa - sounds to me like it may be hard or not able to file at all. Residency requirements for USC's vary from country to country. Check the MExico boards - kitkat is a member with a lot of experience and so is pedroh, so you can ask them too. In short - I have no clue (I'm Mexican but we both live in Canada where we're filing DCF as we both have legal status to be here (student and work permits). Check out your situation with more detail.
Buena suerte amiga, L.

There is no DCF in Mexico. The only thing you could do is file the I-130 at the embassy in Mexico City if they are still doing this and it will be forwarded to CDJ. Since you are both in the US, it makes no sense to consider filing there unless he is going home.

Start by reading the guides. You will be filing for a spousal visa and depending on which kind, it will take either 4-6 months after petition approval to get an interview in CDJ or 12 months if you are filing for a CR1. Also, your Mexican husband's father is not the appropriate person to be a sponsor - it needs to be a USC.

I would also chat with a lawyer -- about the fact that your husband was married to you yet entered on a tourist visa (he was already married when he entered the US and he needed to enter on a spousal visa - not a tourist visa) and the fact that he's already in the US, and could simply adjust his status in the US and skip the spousal visa?

Guides:

http://travel.state.gov/visa/immigrants/ty...types_1315.html

http://www.visajourney.com/forums/index.ph...mp;page=compare

http://ciudadjuarez.usconsulate.gov/wwwhivfp.html

OK - I see I got it backwards and he is the USC in Mexico. You can file your I-130 at the embassy in Mexico City but they will forward to CDJ and you will still have to wait for the appointment - about 12 months. Not sure if you can follow up the I-130 with the I-129F at the embassy as well - you would have to ask them. If so, that will get you a K3 interview much sooner - 4-6 months - but you will still have to adjust status in the US. His father, a USC, can be the sponsor. Hope that clarifies!

Told you Jeni,..... the kittikatters is fabulous source of advise - and GOOD advise!!! Do check with an immigration lawyer though
Buena suerte, L.

Thank you both, this is very helpful.

In case it is helpful to anyone else, my husband asked at the Embassy in Mexico City and they said that since he is in Mexico on a tuorist visa he is not considered a resident and we cannot file the I-130 through the Embassy here in Mexico, it has to be filed in the US and then it is tranfered to CD Juarez. He will be using his parents address since he is living here as a tuorist. I understand that it is different from country to country, but this is what they have said for Mexico.