Entry Question

[Rubenc24 4]

Silly question, but being that I am over thinker and didnt find a clear response on the USCIS website, my spouse lives in Mexico and was granted the IR1 visa. Now that they have their visa, is that considered a legal permanent resident already or is it not until they cross into the USA? Thinking of crossing at the texas/mexico border but with the covid vaccine requirement wasnt too sure. The way I read the USCIS website says if you are a US citizen or legal permanent resident you are exempt from the requirement of being fully vaccinated upon entry.

 

Can anyone clarify that for me?

[Crtcl Rice Theory 2,432]

On 11/19/2021 at 9:42 PM, Rubenc24 said:

Silly question, but being that I am over thinker and didnt find a clear response on the USCIS website, my spouse lives in Mexico and was granted the IR1 visa. Now that they have their visa, is that considered a legal permanent resident already or is it not until they cross into the USA? Thinking of crossing at the texas/mexico border but with the covid vaccine requirement wasnt too sure. The way I read the USCIS website says if you are a US citizen or legal permanent resident you are exempt from the requirement of being fully vaccinated upon entry.

 

Can anyone clarify that for me?

"If you are a non-U.S. citizen who is a nonimmigrant (not a U.S. citizen, U.S. national, lawful permanent resident, or traveling to the United States on an immigrant visa), you will need to show proof of being fully vaccinated against COVID-19 before you travel by air to the United States from a foreign country." 

 

 

Your wife will be traveling on an immigrant Visa (also for purposes crossing, the initial  crossing on a K-1 is a immigrant visa). This is for a land crossing of course and air travel has its own rules, immigrant or no. 

IF this to be the initial crossing, you will need to go through those steps at the port of entry, after that your wife is a  LPR.  

 

Also, congratulations on your wife's milestone!

 

 

 

 

Edited November 21, 2021 by Crtcl Rice Theory

[Merica-n 65]

21 hours ago, Crtcl Rice Theory said:

"If you are a non-U.S. citizen who is a nonimmigrant (not a U.S. citizen, U.S. national, lawful permanent resident, or traveling to the United States on an immigrant visa), you will need to show proof of being fully vaccinated against COVID-19 before you travel by air to the United States from a foreign country."

This is wrong.  IR1 is an immigrant visa so the requirements quoted don't apply at all.  She should be able to travel by air without any problem.s

 

According to the instructions for immigrant visa holders, found here:  https://www.cdc.gov/coronavirus/2019-ncov/travelers/international-travel-during-covid19.html

 

Vaccinated requires covid test taken 3 days before air travel.

 

Unvaccinated requires covid test taken 1 day before air travel.

 

 

If you want to cross via land border (air travel requirements are different), my understanding is that initial entry on an immigrant visa counts as essential travel and qualifies for the essential travel exception available until January.  IR1 is not a lawful permanent resident yet.  You need to enter and petition for legal permanent resident status.

 

FYI, I've researched getting vaccines in mexico and there are unapproved and approved vaccines there, so if she does get vaccinated there make sure she gets a w.h.o. or fda approved vaccine.

[Rubenc24 4]

1 hour ago, Merica-n said:

This is wrong.  IR1 is an immigrant visa so the requirements quoted don't apply at all.  She should be able to travel by air without any problem.s

 

According to the instructions for immigrant visa holders, found here:  https://www.cdc.gov/coronavirus/2019-ncov/travelers/international-travel-during-covid19.html

 

Vaccinated requires covid test taken 3 days before air travel.

 

Unvaccinated requires covid test taken 1 day before air travel.

 

 

If you want to cross via land border (air travel requirements are different), my understanding is that initial entry on an immigrant visa counts as essential travel and qualifies for the essential travel exception available until January.  IR1 is not a lawful permanent resident yet.  You need to enter and petition for legal permanent resident status.

 

FYI, I've researched getting vaccines in mexico and there are unapproved and approved vaccines there, so if she does get vaccinated there make sure she gets a w.h.o. or fda approved vaccine.

Thank you.  It is easier and cheaper considering that my spouse is on the border already.  Yes we did some research and astrazeneca is approved on the WHO list.  I preferred pfizer but it was difficult trying to obtain it.  Very limited quantities of it. 

[Rubenc24 4]

23 hours ago, Crtcl Rice Theory said:

"If you are a non-U.S. citizen who is a nonimmigrant (not a U.S. citizen, U.S. national, lawful permanent resident, or traveling to the United States on an immigrant visa), you will need to show proof of being fully vaccinated against COVID-19 before you travel by air to the United States from a foreign country." 

 

 

Your wife will be traveling on an immigrant Visa (also for purposes crossing, the initial  crossing on a K-1 is a immigrant visa). This is for a land crossing of course and air travel has its own rules, immigrant or no. 

IF this to be the initial crossing, you will need to go through those steps at the port of entry, after that your wife is a  LPR.  

 

Also, congratulations on your wife's milestone!

 

 

 

 

Thank you. It sure has been a journey.  Starting in early 2019 and barely getting the visa approved in november 2021.  Took alot of patience 

[Crtcl Rice Theory 2,432]

1 hour ago, Merica-n said:

 

 

 

1 hour ago, Merica-n said:

This is wrong.  IR1 is an immigrant visa so the requirements quoted don't apply at all.  She should be able to travel by air without any problem.s

 

According to the instructions for immigrant visa holders, found here:  https://www.cdc.gov/coronavirus/2019-ncov/travelers/international-travel-during-covid19.html

 

Vaccinated requires covid test taken 3 days before air travel.

 

Unvaccinated requires covid test taken 1 day before air travel.

 

 

If you want to cross via land border (air travel requirements are different), my understanding is that initial entry on an immigrant visa counts as essential travel and qualifies for the essential travel exception available until January.  IR1 is not a lawful permanent resident yet.  You need to enter and petition for legal permanent resident status.

 

FYI, I've researched getting vaccines in mexico and there are unapproved and approved vaccines there, so if she does get vaccinated there make sure she gets a w.h.o. or fda approved vaccine.

 

 

I did point out that Rubens wife has an immigrant visa and that she would not be subject to the restrictions. The paragraph  differentiates which travelers are subject.  

 

IR 1 / CR 1  are immigrant  visas and will not need vaccination for a land or ferry crossing  at this time. 

 

 

 

 

Edited November 22, 2021 by Crtcl Rice Theory

[Rubenc24 4]

FYI I called the US Immigration office at the bridge which would be the port of entry and they told me my spouse can cross because they have the visa already and would be considered a resident. 

[Caboose29 173]

So help me understand.  If my fiancee enters US from Mexico (Matamoros land crossing) with her K1 visa (first and only time), it is considered "essential" travel, and therefore does NOT require vaccination, at least until January.  Is this correct?

[Rubenc24 4]

2 minutes ago, Caboose29 said:

So help me understand.  If my fiancee enters US from Mexico (Matamoros land crossing) with her K1 visa (first and only time), it is considered "essential" travel, and therefore does NOT require vaccination, at least until January.  Is this correct?

Not sure on k1. My s-ouse is on the ir1 visa. We got married in Mexico city. Crossing in reynosa next week hopefully 

[Caboose29 173]

Based on Rice Theory's post above, I got that impression my fiancee could enter the same way as your wife.  I just wanted to confirm.

[royryan 16]

I would love to see this confirmed, as we are in the same boat.  I've been searching everywhere and can't find a definitive answer.

[royryan 16]

.

Edited November 25, 2021 by royryan
wrong place for post

[mam521 2,103]

On 11/23/2021 at 11:04 PM, Rubenc24 said:

Not sure on k1. My s-ouse is on the ir1 visa. We got married in Mexico city. Crossing in reynosa next week hopefully 

When did she do her medical? Was it not required? 
 

Remember, too, that there is a time limit to how long you have to activate the PR. 

[Caboose29 173]

I called the border office today in McAllen.  I was told that K1 holders  MUST be vaccinated to cross the land border.  The woman on the phone didn't know and had to ask, so I'm assuming that's correct.  So much for that idea.

[millefleur 5,047]

27 minutes ago, Caboose29 said:

I called the border office today in McAllen.  I was told that K1 holders  MUST be vaccinated to cross the land border.  The woman on the phone didn't know and had to ask, so I'm assuming that's correct.  So much for that idea.

Does this mean that Russian K-1 visa holders are effectively banned from entry unless they happen to somehow have an FDA approved vax?