Living in the US
Jan 24th 2005, 9:51 pm
#1
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Thread Starter
Joined: Jan 2003
Location: Alaska
Posts: 65
Living in the US
My daughter who filed the I-130 for her husband last August (thinking it would take about a year and a half for the whole process) is now filling out the visa application and Affidavit of Support. I imagine they will have a interview date by Spring. They both live in Mexico, but in a border town. Her husband is going to school and has another year until he completes his program. If he is approved and gets his green card, can they continue to live in Mexico until he is through with school? He would be able to cross the border regularly and possibly work in the US, full time this summer and maybe part time during the school year.
It is all going so much faster than they thought it would.
Thanks,
Kim
PS On the visa application, do you have to list an address of where you intend to live? What if you don't know?
It is all going so much faster than they thought it would.
Thanks,
Kim
PS On the visa application, do you have to list an address of where you intend to live? What if you don't know?
Last edited by Kimberly; Jan 24th 2005 at 9:53 pm. Reason: Add info.
Jan 25th 2005, 3:48 am
#2
Guest
Posts: n/a
Re: Living in the US
Kimberly wrote:
> My daughter who filed the I-130 for her husband last August (thinking it
> would take about a year and a half for the whole process) is now filling
> out the visa application and Affidavit of Support. I imagine they will
> have a interview date by Spring. They both live in Mexico, but in a
> border town. Her husband is going to school and has another year until
> he completes his program. If he is approved and gets his green card, can
> they continue to live in Mexico until he is through with school? He
> would be able to cross the border regularly and possibly work in the US,
> full time this summer and maybe part time during the school year.
>
> It is all going so much faster than they thought it would.
>
> Thanks,
> Kim
>
> PS On the visa application, do you have to list an address of where you
> intend to live? What if you don't know?
>
He has six months to use the immigrant visa once it is issued (Canadians
would call this "six months to land").
Once he immigrates, if he wants to return to Mexico to finish his school
program (and if he anticipates that he will be absent for a year or
more), he could apply for a re-entry permit. This would solve the
abandonment problem.
Most people worry because the process is taking too long; he should
really count himself lucky.
--
Above intended as general commentary, not specific legal
advice. Your mileage may vary.
================================================== =============
Jonathan McNeil Wong Voice: 510-451-0544
Donahue, Gallagher Woods LLP Facsimile: 510-832-1486
P.O. Box 12979 http://www.donahue.com
Oakland, CA 94604-2979 E-mail: [email protected]
================================================== =============
> My daughter who filed the I-130 for her husband last August (thinking it
> would take about a year and a half for the whole process) is now filling
> out the visa application and Affidavit of Support. I imagine they will
> have a interview date by Spring. They both live in Mexico, but in a
> border town. Her husband is going to school and has another year until
> he completes his program. If he is approved and gets his green card, can
> they continue to live in Mexico until he is through with school? He
> would be able to cross the border regularly and possibly work in the US,
> full time this summer and maybe part time during the school year.
>
> It is all going so much faster than they thought it would.
>
> Thanks,
> Kim
>
> PS On the visa application, do you have to list an address of where you
> intend to live? What if you don't know?
>
He has six months to use the immigrant visa once it is issued (Canadians
would call this "six months to land").
Once he immigrates, if he wants to return to Mexico to finish his school
program (and if he anticipates that he will be absent for a year or
more), he could apply for a re-entry permit. This would solve the
abandonment problem.
Most people worry because the process is taking too long; he should
really count himself lucky.
--
Above intended as general commentary, not specific legal
advice. Your mileage may vary.
================================================== =============
Jonathan McNeil Wong Voice: 510-451-0544
Donahue, Gallagher Woods LLP Facsimile: 510-832-1486
P.O. Box 12979 http://www.donahue.com
Oakland, CA 94604-2979 E-mail: [email protected]
================================================== =============
Jan 25th 2005, 7:25 pm
#3
Forum Regular
Thread Starter
Joined: Jan 2003
Location: Alaska
Posts: 65
Re: Living in the US
Using the immigrant visa, does that just mean entering the US or living there?
Because they live on the border, he would be able to cross into the US regularly. He will probably get a job in the US for the summer. They just won't be able to live there until May 2006. Would this work or would he have to file for a reentry permit?
They do understand that the process going so quickly is a "good" thing. They filed based on what people's time lines were and a year and a half seemed just right. It looks like it will be less than nine months though. We'll see.
Kim
Because they live on the border, he would be able to cross into the US regularly. He will probably get a job in the US for the summer. They just won't be able to live there until May 2006. Would this work or would he have to file for a reentry permit?
They do understand that the process going so quickly is a "good" thing. They filed based on what people's time lines were and a year and a half seemed just right. It looks like it will be less than nine months though. We'll see.
Kim
Jan 25th 2005, 8:42 pm
#4
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Joined: Jan 2004
Location: Atlanta, GA
Posts: 771
Re: Living in the US
when he enters the States for the first time with his immigrant visa - he will become a permanent resident. He intends to reside in the States permanently - great.
When he enters, he needs to get SSN and driver's license. He also should open a bank account, preferably a joint one with his wife, but it doesn't have to be joint.
He needs to establish any possible proof that he is residing in the States permanently and only travels abroad temporarily.
If he needs to go back to school in Mexico - fine. If he goes back and forth, he will mostly likely be asked as to why so often, but it's not likely if "travel' is under 6 months. He needs to show/prove that he resides in the States (a job in the States is a very good proof). See above.
If he is planning not to reenter the States for more than 1 year, he needs to apply for re-entry permit (form I-131) whenever he is in the States. It usually takes about a year to get one, but he doesn't need to wait for it in the States. He just needs to be physically present in the States, when he applies for it.
When he enters, he needs to get SSN and driver's license. He also should open a bank account, preferably a joint one with his wife, but it doesn't have to be joint.
He needs to establish any possible proof that he is residing in the States permanently and only travels abroad temporarily.If he needs to go back to school in Mexico - fine. If he goes back and forth, he will mostly likely be asked as to why so often, but it's not likely if "travel' is under 6 months. He needs to show/prove that he resides in the States (a job in the States is a very good proof). See above.
If he is planning not to reenter the States for more than 1 year, he needs to apply for re-entry permit (form I-131) whenever he is in the States. It usually takes about a year to get one, but he doesn't need to wait for it in the States. He just needs to be physically present in the States, when he applies for it.
