How to Get a Spouse Visa

I have been with my boyfriend for 2 years and we just had a baby 5 weeks ago, can I go to his country (mexico) and marry him then come back and file for a spouse visa?

Has your boyfriend ever been illegally present in the US?

In addition, what is your immigration status?

A spouse visa is one of the best types of visas to obtain. This is because in most countries the requirement for application for a spouse visa is less strict than it is for other types of visas. There are some advantages to getting a spouse visa. While other types of visas are available for work you must first prove your ability to work along with your qualifications. With a spouse visa you are not subject to the same restrictions for work. You automatically are allowed the ability to work and live in the country with the same status as your spouse. Many countries provide leeway for the definition of spouse. For example, couples who cohabit may be considered married for the sake of this visa. Likewise many countries allow same sex partners or life partners to be considered as a spouse under this visa.

In order to obtain a spouse visa you must adhere to the rules and application directions specific to the country. You will need to submit appropriate substantiating documentation to prove your spouse status. In the case of a married couple this is simply the marriage certificate. For those couples who are unmarried the process can be harder. Consult the specific country to find out what type of documentation is needed. Some countries may need to see a lease or mortgage that is jointly signed. Additionally a joint bank account may serve as proof of a relationship. A spouse visa is typically a stepping-stone towards gaining citizenship in the new country.

Are you a US Citizen or LPR? If so, yes. There may be additional hurdles to overcome if he's ever overstayed lawful status in the U.S.