Will my wife still be able to cross the border? 3 Answers as of August 24, 2010

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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Pacifica Legal Services
Pacifica Legal Services | Floyd Fernandez
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
JCS Immigration & Visa Law Office
JCS Immigration & Visa Law Office | 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
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