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Check with INS but first thing to do is apply for his Residency. The moving to Mexico is really not necessary (check with Immigration lawyer - free consultation) and No you would NOT have to move also. They tell him to move back to Mexico to make it easier to handle him if he is denied Residency. He simply won't be alloewed back in! Do you want that? Think hard but not long...

i married a woman who came from Mexico on a student visa and never renewed it. it had been expired for roughly seven years when we were wed. we simply had the ceremony, filed the paperwork and waited for our interview with an ins agent. i don't remember exactly how long it was that we had to wait, but once that interview came we were ok'd and there was one subsequent interview to follow two years later - just to make sure we were still married. after that we were free to apply for her citizenship.

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13y ago

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