Will my wife still be able to cross the border? How? 2 Answers as of May 21, 2015

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.

Ask a Local Attorney. 100% Anonymous. Free Answers.

Free Case Evaluation by a Local Lawyer: Click here
Frazier, Soloway & Poorak, P.C.
Frazier, Soloway & Poorak, P.C. | David Nabow Soloway
A U.S. citizen may get married in Mexico and then petition for his wife to get a visa to enter the U.S., and then complete an Adjustment of Status process so that the wife will become a Permanent Resident (get a "Green Card"). Within 90 days of filing the adjustment of status application package, the wife will receive "Advance Parole" (sometimes called a "travel document") that will allow her to travel abroad and then re-enter the U.S. while her application remains pending. Another option would be to apply for a Fianc?e Visa that would enable the fianc?e to enter the U.S. for the purpose of marrying here within the time specified in the statute. Then the couple could complete the Adjustment of Status process and the wife could have a "travel document" to facilitate travel to Mexico and re-entry into the U.S. while the case is pending. Of course, once the wife becomes a Permanent Resident, she will be able to use her "Green Card" to travel back and forth to Mexico. As you can see from this analysis, there is no prohibition for travel over a three year period. Immigration laws and regulations can be complicated, and even well-meaning people can misunderstand them. It would be wise to get immigration-related advice only from an immigration attorney, and this includes, for example, you and your fiance having a conference soon with an immigration attorney who, after learning all of the relevant details about your fiance and your preferences, would be able to advise you about the pros and cons of each option and represent you in the immigration process. Some immigration law firms, including mine, offer legal services on a "flat fee" basis so that a client will know the total expense from the very beginning, and a few immigration law firms, including mine, offer an initial consultation free of charge.
Answer Applies to: Georgia
Replied: 5/21/2015
Richard S. Kolomejec, Attorney at Law
Richard S. Kolomejec, Attorney at Law | Richard S. Kolomejec
You should consult with an experienced immigration lawyer. There is a way to file for the green card while she is in the US. During this time, she can get a travel permit as well. Just make sure not to marry too soon after her entry otherwise you can have some problems.
Answer Applies to: California
Replied: 5/21/2015
Click to View More Answers: