Daily Border Crossing

[psych0t1ck1tten 0]

My husband (Mexican citizen) and I (U.S. citizen) are getting together the paperwork to start the Visa process with the i-130. We are applying for permanent residence for him. We currently live in Tijuana, Mexico where he attends the university (2.5 years remaining). I commute to San Diego for work. Once he gets his visa we were wondering if we could live in San Diego and have him commute to Tijuana to go to school 5 days a week so that he could graduate. Would he run into issues crossing the border back into San Diego every day? I saw something about not travelling outside the U.S. cumulatively more than 6 months in a year. Technically 8 hours a day x 5 days a week x 40 weeks a year = 1600 hours whereas 6 months is 4,368 hours. Although I know customs doesn’t like to think technically like that and he would have to deal with a different customs officer every time… If it won't be possible we would like to pull him out of school ASAP so we can save the money. Any thoughts? Or does anyone have any experience with this?

[Gary and Alla 3,694]

My husband (Mexican citizen) and I (U.S. citizen) are getting together the paperwork to start the Visa process with the i-130. We are applying for permanent residence for him. We currently live in Tijuana, Mexico where he attends the university (2.5 years remaining). I commute to San Diego for work. Once he gets his visa we were wondering if we could live in San Diego and have him commute to Tijuana to go to school 5 days a week so that he could graduate. Would he run into issues crossing the border back into San Diego every day? I saw something about not travelling outside the U.S. cumulatively more than 6 months in a year. Technically 8 hours a day x 5 days a week x 40 weeks a year = 1600 hours whereas 6 months is 4,368 hours. Although I know customs doesn’t like to think technically like that and he would have to deal with a different customs officer every time… If it won't be possible we would like to pull him out of school ASAP so we can save the money. Any thoughts? Or does anyone have any experience with this?

Not a problem as long as he does the things required to maintain residency. Particularly if he shows he is a student. we live at the Canadian border and frequently go to Canada, not daily, but very often. Never a question,

There is also no prohibition on being gone more than 6 months. It is TWELVE months that becomes an issue. Our son goes to school in Moscow and has been gone for 10 months at a time, never a question. This year he is coming back at Christmas/New Years but for three years he has been gone 10 months at a time

[monyfer 27]

Well, once the K-1 visa is approved and he enters the US he will need to file for Advanced Parole. That can take up to two months to receive. So you would have to keep him out of school for that period, at the very least, because he cannot travel back into Mexico at all during that interim period.

[Harpa Timsah 13,258]

It appears the OP is filing for a spousal visa (they mention I-130) and therefore the immigrant will trigger LPR status with travel rights upon initial entry to the US.

[ceadsearc 516]

He should probably be fine. He just needs to be residing in the United States and maintain evidence that that is his primary residence.