Crossing and returning to Mexico after visa issuance

[jcruzazucar 131]

I wanted to see if people could give me their opinions regarding a plan I have. My husband has his interview next week 2/25. We plan to cross the border in Tijuana as soon as he receives his visa/passport. However, we both live in Tijuana at the moment and won't be ready to move to the U.S. for about a month (end of March). Do you guys think this will be a problem?

The reason for crossing before actually moving: I read that the SSN and green card are not mailed until after he does POE. Because the green card can take months for him to receive by mail and he will need to cross into mexico everyday because he is in medical school there, I don't want to wait any days before he does POE to make sure the count starts immediately and he receives his card before his visa expires.

My concern is that I work in the USA so I have to cross everyday in the morning and I don't want to get him in trouble because we have not moved yet but he did POE already.

Is this concern valid or should we simply wait until we have a new apartment in the USA and then do POE? This is not my favorite option but will do if the other option will get him in trouble.

Thanks for any advice/suggestions.

[Boiler 43,430]

You will need a US address but otherwise I do not see a problem.

[jcruzazucar 131]

You will need a US address but otherwise I do not see a problem.

Thank you. I do have a U.S. address but I want to move from there asap. Thanks!

[spousewaitingvisa 39]

CR-1 and IR-1 visas are valid for 6 months. He can enter US anytime before his visa expires. After he arrives in USA on his CR-1 or IR-1 visa, an officer at the port/border will stamp an I-551 annotation on his stamp. According to this forum, his I-551 annotation in his passport is proof of Permanent Resident status for ONE YEAR, pending receipt of his Green Card. It will allow him to reenter the U.S. after travelling abroad.

You will need US address so he will receive his green card via mail.

How long will he stay at his medical school in Mexico? I mean.. when will he graduate? In this forum, I don't see any issues with traveling out of US and re-entering US after I-551 is stamped on passport while waiting for acutal Green Card via mail, but if he is on IR-1, he must mantain permanent residence until he applies for naturalization or abandon his green card. If he is on CR-1, he must produce lots of evidences to prove that his marriage is in a good faith before he applies to remove his conditions -- it means lots of evidences has to be in US like you and he lives together in US for 2 years, joint bank accounts at US bank, neighbors in US or any relative/friends in US know you and him together for 2 years, joint tax returns, vacation trips together, etc. After conditions are removed, he still has to maintain permanent residence until he applies for naturalization or abandon his green card.

Edited February 17, 2015 by spousewaitingvisa

[jcruzazucar 131]

CR-1 and IR-1 visas are valid for 6 months. He can enter US anytime before his visa expires. After he arrives in USA on his CR-1 or IR-1 visa, an officer at the port/border will stamp an I-551 annotation on his stamp. According to this forum, his I-551 annotation in his passport is proof of Permanent Resident status for ONE YEAR, pending receipt of his Green Card. It will allow him to reenter the U.S. after travelling abroad.

You will need US address so he will receive his green card via mail.

How long will he stay at his medical school in Mexico? I mean.. when will he graduate? In this forum, I don't see any issues with traveling out of US and re-entering US after I-551 is stamped on passport while waiting for acutal Green Card via mail, but if he is on IR-1, he must mantain permanent residence until he applies for naturalization or abandon his green card. If he is on CR-1, he must produce lots of evidences to prove that his marriage is in a good faith before he applies to remove his conditions -- it means lots of evidences has to be in US like you and he lives together in US for 2 years, joint bank accounts at US bank, neighbors in US or any relative/friends in US know you and him together for 2 years, joint tax returns, vacation trips together, etc. After conditions are removed, he still has to maintain permanent residence until he applies for naturalization or abandon his green card.

Thank you for your response. He will be getting the IR1 since we have been married for more than 2 years; no need to remove conditions. We plan to move to US in end of March 2015. He will definitely maintain his residency since we plan to live in U.S. He'll just need to go into Mexico each morning for class and back to the USA in the evening to go home which shouldn't be an issue. He'll be done with medical school in about 4 years.

I didn't know the I-551 stamp was good for one year, that helps a lot! Thanks for that information.

[spousewaitingvisa 39]

Thank you for your response. He will be getting the IR1 since we have been married for more than 2 years; no need to remove conditions. We plan to move to US in end of March 2015. He will definitely maintain his residency since we plan to live in U.S. He'll just need to go into Mexico each morning for class and back to the USA in the evening to go home which shouldn't be an issue. He'll be done with medical school in about 4 years.

I didn't know the I-551 stamp was good for one year, that helps a lot! Thanks for that information.

You are welcome. Good luck on your husband's interview on 2/25. Don't forget to pay immigrant fee online after his visa is issued on his passport so he can get his green card via mail at your US address.

[jcruzazucar 131]

Hi, I've been following along because we have the same situation--living in Tijuana but needed to know if we could do POE and have him return to Mexico to finish up a few things before we move permanently to the U.S. We are currently waiting for our case complete.

How much is the immigrant fee that we have to pay online after the interview? Is there any fee we need to pay at the consulate itself? Thanks!

If you paid the IV fee and AOS fee with the NVC via online payment, there is no fee to pay at the consulate.

The USCIS fee is $165.00, payable through ELIS on the USCIS website.

You are welcome. Good luck on your husband's interview on 2/25. Don't forget to pay immigrant fee online after his visa is issued on his passport so he can get his green card via mail at your US address.

Thank you!!

[Ryan H 3,790]

Moved from IR-1/CR-1 Progress Reports to Working & Traveling During US Immigration forum; hijack posts split off.