Can a mexican citizen marrie a us citizen here in ohio and then travel to mexico?

Question

i have this frind that married a mexican citizen hes been here like 10 yrs. they got married here and they have a marriage licence and he has a pssport recntly renwed can this mexican travel to mexico and come back woth out a problem just using his passport and marriage licence?

Answer 1

I am afraid that he won't be allowed back unless he has a visa. If they can, the best thing to do is for them to consult with a lawyer if he is illegal to get his papers straightened out. If he is unable to fix his papers, he should not leave the country. Once he leaves, he will be subject to a ten year bar. If he wants to see his family, they can have them apply for visitor visas (which might be the best bet if all else fails). For the vistor visa, his family will need to submit proof of income, property, bank statements, any underage children (if applicable), proof of ownership of a business, they also must have a Mexican passport for at least 6 months. If they choose this route and his family is unemployed or without any income from a business, I would suggest him putting money in an account in their name(s) with some money in it. Someone we know that came here from Mexico had $15k in an account. We are currently working on trying to get my husbands parents visas, right now we have started a business that they run and are putting money in an account for them.

Edit: Wow, that sucks. Some lawyers are just after their own pockets, thats why I would choose carefully. The lawyer I have spoken to about my husbands case won't start his paperwork until he is sure that he will get his green card, same goes for my in-laws visas, he turned us away a few times saying that nothing has changed yet that would help us. I would say if he was already denied so many times then he probably won't be able to get anything done right now. I personally am waiting til we have a new president to see what they resolve about immigration issues in hope that it will be better than what we have now. I know both Obama and McCain aren't fans of deporting ALL illegals, so thats a good sign for us both. If things don't change in a couple years, we might be going up to Canada where he can be legal.

Answer 2

No, he cannot.  Marraige to an American citizen does not change the fact that he needs a visa to be in the U.S.  He can return to Mexico, but he will not be allowed back into the U.S. without a visa.  Sounds like he may have been here for 10 years illegally.  His wife may apply for a spousal visa for him, but he will have to return to Mexico and stay there until the visa is granted and that can take more than 2 years.  She can use the site below to read about a spousal visa.