Does my wife have to stay in the US during the immigration process? 1 Answers as of July 26, 2011My wife and I were married (civil) in Mexico. She has a tourist visa and we are going to submit the I-130 and I-485 together to begin the immigration process from the US (TX). My question is, can she travel to and from Mexico during this process with her valid tourist visa? Or does she have to remain here in the US the whole time?
Fong & Associates | William D. Fong
No, she cannot travel as a tourist if she is an applicant for permanent residence. She must get a travel authorization called an advance parole to allow her to travel without abandoning the application. It takes about 90 days for issuance.
Answer Applies to: Texas