Activating IR-1 Visa at a Land Crossing Prior to permanent departure

[thx1139 11]

Hey guys, I'm sure this question has been asked a bunch of times but given the situation with the guy whose wife was denied an activation at a POE a year ago, I wanted to clarify in case anything has changed.

 

We received our IR-1 Visa in the mail today, and it is my understanding that it takes a few weeks after entry to receive your SSN and Green Card. I cannot permanently leave Canada until March 11th, as I have a commitment I must be here for on the 10th. Our IV expires March 15th. I was wondering if it is legal and ok to cross to activate the visa immediately, and then return until I get all my loose ends tied up (arranging the moving our stuff, finishing out my last two weeks at my job, my prior commitment). The only reason I really want to do this is so when I get down there, I can get a new job right away and don't have to wait 3+ weeks for a SSN. We have been through so much that we don't want anything else to go wrong. To be frank, we have a bit of PTSD over this whole process.

 

It wouldn't be the end of the world to cross all at once on March 11th, I just want to know if it's possible to do things this way, and if it's risky in any way.

 

Thanks!

Edited February 3, 2023 by thx1139

[Redro 4,601]

Where is your spouse?

In Canada or the US?

IMO, their case was special as the USC spouse did not have primary residence in the US (they had no home and the Canadian in question couldn't provide an address for the GC to be sent) and they had a permanent home and jobs based out of Canada (the beneficiary had not quit her job before trying to activate the visa). She also waited until the visa had almost expired to activate the visa.

You'll probably be okay, as someone a few days after attempted the same thing- activating the visa before going back to Canada to tie up loose ends. 

I would try to cross sooner rather than later. 

FYI, my SSN arrived a week or so after I entered the US and I was able to secure a job 2 weeks after arrival. 

My GC took a month or so to arrive but I was able to use the visa in my passport as the temporary GC. 

 

Edited February 4, 2023 by ROK2USA

[thx1139 11]

11 minutes ago, ROK2USA said:

Where is your spouse?

In Canada or the US?

IMO, their case was special as the USC spouse did not have primary residence in the US (they had no home and the Canadian in question couldn't provide an address for the GC to be sent) and they had a permanent home and jobs based out of Canada (the beneficiary had not quit her job before trying to activate the visa). She also waited until the visa had almost expired to activate the visa.

You'll probably be okay, as someone a few days after attempted the same thing- activating the visa before going back to Canada to tie up loose ends. 

I would try to cross sooner rather than later. 

FYI, my SSN arrived a week or so after I entered the US and I was able to secure a job 2 weeks after arrival. 

My GC took a month or so to arrive but I was able to use the visa in my passport as the temporary GC. 

 

My spouse is in the US. So just tell them I am crossing to activate the visa asap and then turning around and coming back for a couple weeks?

 

Thanks

[Redro 4,601]

2 minutes ago, thx1139 said:

My spouse is in the US. So just tell them I am crossing to activate the visa asap and then turning around and coming back for a couple weeks?

 

Thanks

Just cross the border and then go see your spouse for a few days.

Don't volunteer information you don't have to... 

I think another red flag in the case you mentioned was she crossed the border but was driving a rental car from Canada when the USC spouse was supposed to be in Florida. 

 

 

[Mike E 11,725]

1 hour ago, thx1139 said:

Hey guys, I'm sure this question has been asked a bunch of times but given the situation with the guy whose wife was denied an activation at a POE

Given that example why chance it?

 

Enter the USA by flying in, and it you are really paranoid, use a non preclearance airport like Regina or Toronto Island (YTZ).  

Once your visa is stamped, I am certain you can book a new Roy d trip flight from the USA and head back for 6 weeks to finish your commitment.  

[thx1139 11]

14 minutes ago, ROK2USA said:

Just cross the border and then go see your spouse for a few days.

Don't volunteer information you don't have to... 

I think another red flag in the case you mentioned was she crossed the border but was driving a rental car from Canada when the USC spouse was supposed to be in Florida. 

 

 

Is there anything risky or bad about waiting until the 11th?

[thx1139 11]

2 minutes ago, Mike E said:

Given that example why chance it?

 

Enter the USA by flying in, and it you are really paranoid, use a non preclearance airport like Regina or Toronto Island (YTZ).  

Once your visa is stamped, I am certain you can book a new Roy d trip flight from the USA and head back for 6 weeks to finish your commitment.  

Not possible, as I intend to import my car so one trip down has to be via land border

[thx1139 11]

What's confusing about that? I can't very well make 3 flights if I'm driving my car down one of the times, can I?

Edited February 4, 2023 by thx1139

[Redro 4,601]

22 minutes ago, thx1139 said:

Is there anything risky or bad about waiting until the 11th?

Not if you clear up all your business in Canada with no intention of returning.

 

11 minutes ago, thx1139 said:

What's confusing about that? I can't very well make 3 flights if I'm driving my car down one of the times, can I?

You only have to fly into the US once (when you activate the visa). You can drive into the US for the subsequent trips. 

But, why do you need 3 flights?

[thx1139 11]

8 minutes ago, ROK2USA said:

Not if you clear up all your business in Canada with no intention of returning.

 

Ok, might do this then

 

8 minutes ago, ROK2USA said:

 

You only have to fly into the US once (when you activate the visa). You can drive into the US for the subsequent trips. 

But, why do you need 3 flights?

 

I have no idea, he recommended it. My car won't be ready for import until I get a compliance letter

[mam521 1,776]

On 2/3/2023 at 7:31 PM, thx1139 said:

Is there anything risky or bad about waiting until the 11th?

Why would there be?  You still have 4 days to cross.  Just verify your dates are correct (medical expiration is 6mo from issuance).  Save a headache and go on the 11th.