Commuter status - and greencard conditions etc.

[Heather&Kevin 25]

Hi!   Hope you can help...

 

I am a British ex-pat, married to a US Citizen, living in Vegas.  

I have a Greencard thru marriage - two years are up on Dec 12th and I'm aware I can apply for Conditions To Be Removed 90 days before (mid Sep) using I-751.  And it will take maybe 4-12 months for that process. 

After that I can apply to become a citizen using N-400 and that will take maybe 6-12 months.

 

My wife is being offered a job in San Diego.

As housing and other costs are so high in San Diego we are wondering if we can live in Tijuana.

I thought initially that would invalidate my Green Card - but I read about 'Commuter Status' from Mexico and Canada.

 

1. Any idea if this status can be used BEFORE conditions are removed?  or only AFTER conditions are removed?

2. I see that I have to have a certain amount of employment in the USA (and not just work from home in Mexico) to retain my Green Card - any idea how much work would be needed to keep my status? Would teaching a few hour-long classes each week in the US be enough?

3. Anything else I should think about in terms of my Greencard - journey to citizen etc?

 

We are leaning towards DO NOT DO IT! - but I have to check everything before we put the idea on hold and just pay the $price of San Diego 

 

I assume once a citizen - and I have the US passport - that we can live anywhere on earth we choose and just come and go to the US when we like?

If that is the case then maybe just worth toughing it out until I get the passport and then we could move to Tijuana no problem?

 

Ok - hope that's enough clear info without going OTT.   Please be advised that everything else is perfect - marriage is super strong - we have no criminal records! etc.  We also have no need to bring people to the US etc. or any of the other things that people often need to do.                                     Many thanks for you time!!!   Kevin & Heather.

 

[Jameson78 32]

  On 5/28/2018 at 9:27 PM, Heather&Kevin said:

Hi!   Hope you can help...

 

I am a British ex-pat, married to a US Citizen, living in Vegas.  

I have a Greencard thru marriage - two years are up on Dec 12th and I'm aware I can apply for Conditions To Be Removed 90 days before (mid Sep) using I-751.  And it will take maybe 4-12 months for that process. 

After that I can apply to become a citizen using N-400 and that will take maybe 6-12 months.

 

My wife is being offered a job in San Diego.

As housing and other costs are so high in San Diego we are wondering if we can live in Tijuana.

I thought initially that would invalidate my Green Card - but I read about 'Commuter Status' from Mexico and Canada.

 

1. Any idea if this status can be used BEFORE conditions are removed?  or only AFTER conditions are removed?

2. I see that I have to have a certain amount of employment in the USA (and not just work from home in Mexico) to retain my Green Card - any idea how much work would be needed to keep my status? Would teaching a few hour-long classes each week in the US be enough?

3. Anything else I should think about in terms of my Greencard - journey to citizen etc?

 

We are leaning towards DO NOT DO IT! - but I have to check everything before we put the idea on hold and just pay the $price of San Diego 

 

I assume once a citizen - and I have the US passport - that we can live anywhere on earth we choose and just come and go to the US when we like?

If that is the case then maybe just worth toughing it out until I get the passport and then we could move to Tijuana no problem?

 

Ok - hope that's enough clear info without going OTT.   Please be advised that everything else is perfect - marriage is super strong - we have no criminal records! etc.  We also have no need to bring people to the US etc. or any of the other things that people often need to do.                                     Many thanks for you time!!!   Kevin & Heather.

 

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Holy sh*t fam, don't do it, lol. Tijuana is a sh*thole. I understand that San Diego is $$$, but if you're willing to move a bit further inland, it becomes more more reasonable quite quickly. Downside is that you lose super convenient access to the beach, social activities, bars and restaurants etc, but it's a trade off, and the traffic isn't as bad as LA or somewhere.

[Heather&Kevin 25]

Ha!   Thanks.   When were you last there?   I had heard it was cleaned up a LOT in the past few years and thus becoming a viable option!

[mindthegap 2,610]

  On 5/28/2018 at 9:27 PM, Heather&Kevin said:

I have a Greencard thru marriage - two years are up on Dec 12th and I'm aware I can apply for Conditions To Be Removed 90 days before (mid Sep) using I-751.  And it will take maybe 4-12 months for that process. 

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Try 14-16 months on average right now.

12 months if you are really lucky.

[Heather&Kevin 25]

 

  On 5/28/2018 at 9:35 PM, mindthegap said:

Try 14-16 months on average right now.

12 months if you are really lucky.

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OK!   Thanks for the info - I hadn't researched that one much yet.   is that the average even if we are expecting NO INTERVIEW and just the regular processing?

 

Ah yes!   https://egov.uscis.gov/processing-times/   I see it's a crazy long time.  Ok!

Edited May 28, 2018 by Heather&Kevin

[Jameson78 32]

  On 5/28/2018 at 9:34 PM, Heather&Kevin said:

Ha!   Thanks.   When were you last there?   I had heard it was cleaned up a LOT in the past few years and thus becoming a viable option!

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It's possible - even likely - that it's cleaning up now. But dealing with a border-crossing commute will really suck, in terms of time and stress. The holdups there can be surreal. 

[Heather&Kevin 25]

  On 5/28/2018 at 9:40 PM, Jameson78 said:

It's possible - even likely - that it's cleaning up now. But dealing with a border-crossing commute will really suck, in terms of time and stress. The holdups there can be surreal. 

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My wife would only be working 3 days a week in San Diego - and at unsocial hours - and would get the SENTRI card - so not as horrific.

 

Maybe!!!

[Alabamak1 688]

If would suggest Global entry instead of Sentri since Global entry gives you the ability to enter by land and air and Sea if i am not mistaken into the US. Plus you get TSA-Precheck with GE.

[mushroomspore 3,044]

Husband is from SD and I go there with him all the time when he has to work there. We live up in LA though. SD is really not that bad and you can find decent spots in certain neighborhoods. It's nice, clean, relatively quiet (it's much cleaner than LA). There are also some suburbs just outside of SD that are slightly cheaper to live in. Don't go to TJ. I wouldn't risk anything regarding immigration stuff. You just never know, especially with the current administration.

[Heather&Kevin 25]

  On 5/28/2018 at 10:16 PM, Alabamak1 said:

If would suggest Global entry instead of Sentri since Global entry gives you the ability to enter by land and air and Sea if i am not mistaken into the US. Plus you get TSA-Precheck with GE.

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Thanks for the suggestion!

 

  On 5/28/2018 at 11:17 PM, mushroomspore said:

Husband is from SD and I go there with him all the time when he has to work there. We live up in LA though. SD is really not that bad and you can find decent spots in certain neighborhoods. It's nice, clean, relatively quiet (it's much cleaner than LA). There are also some suburbs just outside of SD that are slightly cheaper to live in. Don't go to TJ. I wouldn't risk anything regarding immigration stuff. You just never know, especially with the current administration.

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Thanks!   We'll keep on looking.

[Ash.1101 1,756]

The main part of the commuter process is that you have a job in the US that you commute too. That is the plan right?

But yes, you'll need your full green card for this, 99% sure since the ways to do this while already holding a green card is to request a replacement green card, you can't do that since you're in the process of ROC.

This is from the link below:

"A person already granted permanent resident status may apply for commuter status by filing a  Form I-90 Application to Replace Permanent Resident Card, and indicating “I am a permanent  resident who is taking up commuter status.”  The form may be filed online.  The applicant will  need to be present in the United States for a biometrics appointment to process fingerprints and  photographs.

Once granted commuter status, the individual will receive a replacement green card with the  code “C2” for commuter.  Every six months, the commuter must appear at a port-of-entry to  complete a form I-178 to CBP, and provide proof of both continuous employment in the United  States, and residence in Canada or Mexico."

"Immigration officers may ask all permanent residents returning to the United States about the  length and nature of the trip abroad and about the ties and purpose for returning to the United States.  A person without sufficient ties to the United States can be deemed to have abandoned  permanent resident status, and the immigration officer can confiscate the green card.  If you have  questions about maintaining permanent resident status, contact us or a qualified U.S.  immigration attorney.

Adopting alien commuter status, or converting to full permanent resident status, also may have  U.S.- or foreign-tax implications, including estate-planning implications.  Persons considering  such actions should consult a qualified international tax and/or  estate planning attorney in our  office or elsewhere about tax and other consequences."


https://www.lexology.com/library/detail.aspx?g=ac6782c8-29fb-48ed-9999-5e6b0f707ebe

Edited May 28, 2018 by Ash.1101

[usmsbow 802]

TJ is actually not that bad these days, but crossing the border sucks 20 out of 24 hours a day (give or take an hour) pretty much every day, even if you have SENTRI. And do either of you speak Spanish? 

 

As others have said, there are some relatively affordable areas in SD. There are also no particularly bad areas either, at least compared to certain parts of other cities... I last lived there 9 years ago though, so don't know if the affordable parts then are still affordable now. CA housing prices (both owning and renting) have become crazy... 

 

-Former SD resident. 

 

 

[Heather&Kevin 25]

  On 5/28/2018 at 11:35 PM, Ash.1101 said:

The main part of the commuter process is that you have a job in the US that you commute too. That is the plan right?

But yes, you'll need your full green card for this, 99% sure since the ways to do this while already holding a green card is to request a replacement green card, you can't do that since you're in the process of ROC.

This is from the link below:

"A person already granted permanent resident status may apply for commuter status by filing a  Form I-90 Application to Replace Permanent Resident Card, and indicating “I am a permanent  resident who is taking up commuter status.”  The form may be filed online.  The applicant will  need to be present in the United States for a biometrics appointment to process fingerprints and  photographs.

Once granted commuter status, the individual will receive a replacement green card with the  code “C2” for commuter.  Every six months, the commuter must appear at a port-of-entry to  complete a form I-178 to CBP, and provide proof of both continuous employment in the United  States, and residence in Canada or Mexico."

"Immigration officers may ask all permanent residents returning to the United States about the  length and nature of the trip abroad and about the ties and purpose for returning to the United States.  A person without sufficient ties to the United States can be deemed to have abandoned  permanent resident status, and the immigration officer can confiscate the green card.  If you have  questions about maintaining permanent resident status, contact us or a qualified U.S.  immigration attorney.

Adopting alien commuter status, or converting to full permanent resident status, also may have  U.S.- or foreign-tax implications, including estate-planning implications.  Persons considering  such actions should consult a qualified international tax and/or  estate planning attorney in our  office or elsewhere about tax and other consequences."


https://www.lexology.com/library/detail.aspx?g=ac6782c8-29fb-48ed-9999-5e6b0f707ebe

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My wife has a job - and I would make sure I have enough work in SD to qualify as a commuter.  Not sure how much that would need to be though.

 

But... I think you may have found the missing piece of the puzzle for me.   Or at least I am now also 99% sure that I would need the full green card.  As permanent resident status basically needs to be replaced with a GC with C2 - and then every 6 months I don't think an expired GC and 1 year extension is gonna cut it! 

 

 

  On 5/28/2018 at 11:37 PM, usmsbow said:

TJ is actually not that bad these days, but crossing the border sucks 20 out of 24 hours a day (give or take an hour) pretty much every day, even if you have SENTRI. And do either of you speak Spanish? 

 

As others have said, there are some relatively affordable areas in SD. There are also no particularly bad areas either, at least compared to certain parts of other cities... I last lived there 9 years ago though, so don't know if the affordable parts then are still affordable now. CA housing prices (both owning and renting) have become crazy... 

 

-Former SD resident. 

 

 

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Spanish learning is in process...      House prices are crazy.  Especially compared to our current home in Vegas.    We're actually looking at Imperial Beach as another option - so we can discover TJ while spending a couple of years there - and then make a clearer decision about cross boarder living - AFTER I have my citizenship.

[Ash.1101 1,756]

  On 5/28/2018 at 11:53 PM, Heather&Kevin said:

My wife has a job - and I would make sure I have enough work in SD to qualify as a commuter.  Not sure how much that would need to be though.

 

But... I think you may have found the missing piece of the puzzle for me.   Or at least I am now also 99% sure that I would need the full green card.  As permanent resident status basically needs to be replaced with a GC with C2 - and then every 6 months I don't think an expired GC and 1 year extension is gonna cut it! 

 

 

Spanish learning is in process...      House prices are crazy.  Especially compared to our current home in Vegas.    We're actually looking at Imperial Beach as another option - so we can discover TJ while spending a couple of years there - and then make a clearer decision about cross boarder living - AFTER I have my citizenship.

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Just remember that you can get stopped at any time crossing the border.


It says on the website that part time work can be stable work. So stable would be if you say worked 20 hours a week at walmart for the next couple of years. I don't think they will consider job jumping, or a job that can't gaurentee work as stable work. Again, as most parts of immigration, this is subjective and the choice will be on the person going through the papers for this. This also means you'll need a stable job before you try to go for the Commuter card.

Personally, I feel there is too much risk involved, but I also don't trust much in the border patrol and customs lol. The people who do this have full time pretty secure jobs in the US.

[Heather&Kevin 25]

  On 5/29/2018 at 12:42 AM, Ash.1101 said:

Just remember that you can get stopped at any time crossing the border.

 

It says on the website that part time work can be stable work. So stable would be if you say worked 20 hours a week at walmart for the next couple of years. I don't think they will consider job jumping, or a job that can't gaurentee work as stable work. Again, as most parts of immigration, this is subjective and the choice will be on the person going through the papers for this. This also means you'll need a stable job before you try to go for the Commuter card.

Personally, I feel there is too much risk involved, but I also don't trust much in the border patrol and customs lol. The people who do this have full time pretty secure jobs in the US.

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4

I think you're right.    The work I would get would be a few hours here and there.  And changeable.  So that is not going to class as 'stable'.     My main work has always been from home.   And if that home is not in the USA then immigration are unlikely to be impressed.   They really want to see that the USA is HOME in every way.   And as I would have to prove my employment every 6 months to maintain that status, there is an ever-increasing chance of them revoking my GC. Thanks very much for your considered answers.  They're really helping me get thru this foggy situation.    Looking very much like we are SD bound.  And that's certainly not a bad thing!   It's a fantastic city.  Just got to work out how to balance the crazy SD budget.   But, as ever, we will find a way.  Thanks again!