Ask a Lawyer -- Immigration
Question 14

Question: I am a natural born US citizen and met a mexican national well over one year ago and have visited with her in Mexico many, many times over the last year. We would like to marry in both Mexico and the US. She has one son who is metally deficient and attends a special boarding school in Monterrey Mexico. My question is: If we should marry she would like to reside with me in California but every 8-10 weeks must go back to Mexico and spend a week or two in Monterrey, Mexico with her son who will remain in the school after we are married. Is this possible? I am hearing that if she married me in the US she would have to remain in the US for three years and can not go back to Mexico and visit her son in school? Thank You From: Paul Perez, California 06/16/2008 Response: Hello Paul- You can marry and she will be allowed to go back as often as she would like to visit. People might be a bit confused because she will actually be eligible to be a citizen after three years, if it is based on marriage. She can go back and forth when she has her K-3 or green card. If she comes in on the K-1 she can only come in once on that. And if you're doing the adjustment of status she should get an advance parole document before leaving the country to avoid any problems. Consult with an immigration attorney to see which route works best for you both if you have any questions because you do have a few different options. Hope that helps. Submitted by: Ana Maria Schwartz, Austin, TX  Web site for Ana Maria Schwartz Add A Comment

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