Will my wife still be able to cross the border?

I am a US citizen and I am thinking about marrying a woman who is a Mexican citizen. We want to get married in both the US and Mexico. We want to live in the United States but she also wants to be able to visit her family after we get married. Would she be able to go back to Mexico every month or so? I was told that she will not be able to go back for three years.

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Answered By: Pacifica Legal Services

The short answer of whether your wife can return to Mexico for the purpose of visiting family after she obtains her green card is maybe, if she gets an authorization for advance parole travel permit. As a rule, the first two years are a conditional residency, and travel during that time is frowned upon, where suspicion of possible sham marriage may arise. It is advisable that she wait the first two years, then apply for removal of conditions, which creates permanent legal residency. If you wish to explore this further, I would welcome an appointment to meet with you, in a consultation by phone or in person, depending on our mutual convenience. If you want to pursue my representation, by all means call or e-mail me. Best regards for your future together.

Answer Applies to: California
Replied: 8/24/2010

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.

Answered By: Law Offices of James C. Bechler, A.P.C.

After you are married, and presumably you petitioned for a family based green card, and it was accepted, your spouse will be able to travel back and forth between the U.S. and Mexico. The three year rule pertains to citizenship for the alien spouse (after 3 years of green card) which is obviously even better for crossing the border.

Answer Applies to: California
Replied: 8/22/2010

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.

Answered By: Law Office of Jack C. Sung

1. Your wife will be able to come and go as she wishes if she has a permanent resident status (green card) as long as she does not leave for more than 6 month at a time. There are no other limits about travel if your wife has the green card.

2. I can help you prepare all of the applications and paperwork for your wifes green card. Please inform the attorney if your wife has ever overstayed her visa in the US or entered the US illegally. Please contact me if you need assistance.

Answer Applies to: California
Replied: 8/21/2010

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.