Can I drive to the US border to start Green Card issuance without moving first? (merged)

[Savannah1988 0]

My husband was approved for his IR-1 visa a few weeks ago, and we’re planning to drive down to the border to get the ball rolling with the Green Card. I live in Canada with him as a PR holder. I was wondering if it would be an issue at the POE to cross the border with the visa but not intending to move yet? We will be leaving in less than 4 months permanently from Canada for sure. We’re gonna start looking for jobs, and then pack up and tie a hitch to our car and move to the US. 
But has anyone done this before? Drive to the border without intending to move at that time? Were there any issues? Thanks so much in advance! 

[Mike E 11,723]

I would be careful and instead fly from a preclearance airport 
 

 

Edited May 18, 2022 by Mike E

[Crazy Cat 39,238]

4 minutes ago, Mike E said:

I would be careful and instead fly from a preclearance airport 
 

 

Good point.  I never saw an update to that case.....

[Savannah1988 0]

On 2/16/2022 at 12:17 PM, Chancy said:

 

This is a critical point so please clarify -- where were you when your wife tried to enter with her IR1 visa?  If you were in Canada at the time, the CBP officer may have been right in refusing your wife entry as IR1.

 

Is it an issue if the spouse is in Canada with them when they cross the border? Because my husband just got his IR-1 and we both plan on going down together. During his visa interview, it was established that I’m up here living and working and have a Canadian PR. So I don’t see why it should be a problem at the border. Please help. Thanks. 

[Boiler 43,435]

USC can enter at the same time 

[Dashinka 23,245]

It sounds like you are saying you want to enter the US with the IR visa, get the passport stamped activating the green card and then turn around?  I don't see an issue with that as long as you are coming together (e.g., the USC has to enter first or at the same time as the IR visa holder).   That being said, the thread @Mike Eshared is very interesting, and certainly could cause a headache if you were to get a CBP officer that doesn't know the system, so a pre-clearance airport may be a better option than a land crossing.

 

Good Luck!

[Chancy 6,233]

17 minutes ago, Savannah1988 said:

Is it an issue if the spouse is in Canada with them when they cross the border? Because my husband just got his IR-1 and we both plan on going down together.

 

Not an issue if you will travel together with your husband.  US immigration law requires the sponsor (the USC spouse for CR1/IR1) to be in the US before or at the same time as the new immigrant when they first enter with their immigrant visa.

 

[Savannah1988 0]

14 minutes ago, Chancy said:

 

Not an issue if you will travel together with your husband.  US immigration law requires the sponsor (the USC spouse for CR1/IR1) to be in the US before or at the same time as the new immigrant when they first enter with their immigrant visa.

 

Thank you so much for your response. Is it still

ok if we’re just going there to ‘activate’ the green card. Not actually moving that day? We will eventually look for jobs and then move in a few months? What do you suggest we say to the border agents when they ask? 

[Chancy 6,233]

52 minutes ago, Savannah1988 said:

Is it still

ok if we’re just going there to ‘activate’ the green card. Not actually moving that day? We will eventually look for jobs and then move in a few months? What do you suggest we say to the border agents when they ask? 

 

If asked, answer with the truth.  If not asked, no need to volunteer the information.  If the CBP officer determines that you, the USC spouse, do not actually intend to move back to the US yet on that date, they could make a case that you are not actually domiciled in the US at the time of the new immigrant's US entry.

 

[Chancy 6,233]

*** Moved from IR1/CR1 Progress Reports to IR1/CR1 Process & Procedures ***

 

[Ontarkie 13,916]

~~Hijack post split off of another member's thread and merged with the Op's existing thread.~~

Edited May 18, 2022 by Ontarkie

[Mike E 11,723]

2 hours ago, Savannah1988 said:

During his visa interview, it was established that I’m up here living and working and have a Canadian PR. 

I’m surprised the Montreal consulate issued a visa. It had been my understanding that Montreal was hard nosed  when it came to domicile. 

[aaron2020 11,651]

Hi,

 

Why do you want to activate his green card without moving?  It is going to expire?

 

Once he enters the US on his CR-1 visa, he is considered an US LPR who resides in the US (even if he does't live in the US).  His Canadian income from that point forward is required to be reported on his US tax return.  Furthermore, he will lose access to Canadian provincial health.  If he uses medical benefits, the government can come after him for reimbursement as a non-resident who does not qualify for Canadian health benefits.

[Savannah1988 0]

18 minutes ago, Mike E said:

I’m surprised the Montreal consulate issued a visa. It had been my understanding that Montreal was hard nosed  when it came to domicile. 

Because my bank accounts, my drivers license, my phone number are all in the states. I haven’t changed any of that. My primary address is still in the states. I also file state taxes. So my domicile is the US. Having PR in Canada is temporary. Travel.State website explains domicile very well. 

[pushbrk 12,110]

2 hours ago, Savannah1988 said:

Thank you so much for your response. Is it still

ok if we’re just going there to ‘activate’ the green card. Not actually moving that day? We will eventually look for jobs and then move in a few months? What do you suggest we say to the border agents when they ask? 

Immigrant visa holders commonly enter the USA temporarily, then return home to wind up their affairs.  As long as you are traveling together, I see no issue.  I expect if you are thinking of a ground crossing you live close to the border, or that it is more expedient to drive than to go to an airport.  You aren't planning anything that isn't allowed, so I would not anticipate problems.