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Living in Tijuana working in San Diego after become a permanent resident

#1 FAIRNSQUARE

FAIRNSQUARE

    Newbie

  • Pip


Posted 22 March 2013 - 04:30 PM

We recently start our process for a K-1 fiance visa, We are starting to make plans (who isn't?) and We are a little bit confuse about the rules.

We are planning on getting married as soon as possible and apply to become a permanent resident immediately, We are currently living in Tijuana, Mexico and Steph work in San Diego on the daily basis, We think that money wise it could be the way to go, but our concern is Am I gonna be required to stay within the US territory for a period of time?

The previews question also can be elaborated like:

I get married then what? stay in the country?
After I apply to become a permanent resident, stay in the country?
And the most important one, right after I become a permanent resident (literally next day) can I leave the country or I need to stay within its borders?


Thank You all very much in advance and I hope I'm not confusing you, English is not my first lenguage :)
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#2 Inky

Inky

    Elder Member



Posted 22 March 2013 - 04:45 PM

Permanent Resident means living permanently in the USA.

You are welcome to travel outside the USA but you are supposed to be living in the USA.

Once you get married in the USA after entry on a K-1 you must file for AOS, if you leave before filing for AOS you have to file for a spousal visa to return to the USA. There will be quite a few months where you cannot leave the USA after your marriage.
To me it sounds like the K-1 visa is not the correct rout for you. If you want to be moving around so quickly you should be getting married and filing a spousal visa instead as that grants Permanent Residency on entry to the USA.

Moved from USCIS service centers forums to working and traveling during immigration as the OP needs information on traveling and Maintaining PR status.

Edited by Inky, 22 March 2013 - 04:46 PM.

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-------------------------------------------- Posted Image


Your I-129f was approved in 5 days from your NOA1 date.
Your interview took 67 days from your I-129F NOA1 date.
AOS was approved in 2 months and 8 days without interview.

ROC was approved in 3 months and 2 days without interview.
I am a Citizen of the United States of America. 04/16/13

#3 FAIRNSQUARE

FAIRNSQUARE

    Newbie

  • Pip


Posted 23 March 2013 - 02:50 PM

Permanent Resident means living permanently in the USA.

You are welcome to travel outside the USA but you are supposed to be living in the USA.

Once you get married in the USA after entry on a K-1 you must file for AOS, if you leave before filing for AOS you have to file for a spousal visa to return to the USA. There will be quite a few months where you cannot leave the USA after your marriage.
To me it sounds like the K-1 visa is not the correct rout for you. If you want to be moving around so quickly you should be getting married and filing a spousal visa instead as that grants Permanent Residency on entry to the USA.

Moved from USCIS service centers forums to working and traveling during immigration as the OP needs information on traveling and Maintaining PR status.

thank you very thoughtful insight, it is a common topic on this side of the country, but I always think that every immigration process is different
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#4 NLR

NLR

    Proudly Canadian



Posted 23 March 2013 - 09:39 PM

People's journeys can be different but the process is the same.
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#5 jhm3

jhm3

    Member

  • PipPipPip

  • Group: Members
  • Joined: 18 Jan 2012
  • Country: Ecuador



Posted 25 March 2013 - 09:11 AM

As pointed out above, if you entered the US on a K-1, you would be not be able to leave the country at least until you received an advance parole document during the course of the Adjustment of Status process. (Or, to be more precise, you wouldn't be able to get back into the US if you left before receiving an advance parole document.) But even after you adjusted status and obtained a Green Card (or if you obtained Lawful Permanent Resident (LPR) status upon admission to the US with a spousal immigrant visa), you might very well have trouble keeping the Green Card if you were actually living in Tijuana. If, at some point while you were going back and forth, the border agents realized that you were spending more time in Mexico than the US or that your residence was in Tijuana, they could move to revoke your status.

Now, if you were thinking that you might live in Tijuana but work regularly in the US, that could work. There is an "alien commuter" category that allows LPRs to opt for such a status and to live in contiguous foreign territory for as long as they have regular employment in the United States. "Alien commuter" status can be lost if you are without work in the US for more than 6 months, but you can also opt to switch to "regular" LPR status and to start living in the US at any time. Unfortunately, time spent in "alien commuter" LPR status does not could towards eligibility for naturalization, though. Anyway, that might be an option to keep in mind ...
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