5

I'm from Belgium and I'm traveling by car from Canada to Patagonia (Argentina). I left the USA just in time (90days) but I got my visa from Mexico 1 day after my (90days) VWP expires. My plan is to drive to Patagonia and come back to the USA in 6 months.

Will it be a problem if they see at the US airport that I got my Mexican visa after my US VWP was already expired?

I left within the 90 days. I have an I-94A visa so the date on my passport is the day I have to leave. I crossed the border by car around 7pm but I wasn't able to stop at the border so I drove to Ensenada (because they have an immigration office there as well). But that office was closed so I had to wait another day. So that's why my Mexican visa has 1 day difference with my VWP and I'm not sure if that's a big problem if I come back to the US after 6 months. Technically I left the US within the 90 days but will they check when I got my Mexican visa?

hippietrail
  • 79,417
  • 54
  • 271
  • 625
quinten
  • 51
  • 2
  • 3
    I still don't understand what you're saying. You seem to be saying you left the US by going to Mexico the day your VWP expires? (Note that the date of expiry should be "89 days" from the date of entry because the 90 days includes the entire days of entry and departure.) But they you said you got a Mexican visa one day later? How is that possible? You entered Mexico before you got a Mexican visa? – user102008 Nov 12 '15 at 02:51
  • Also, you know that there are no roads to drive from Central America into South America, right? (http://en.wikipedia.org/wiki/Dari%C3%A9n_Gap) – user102008 Nov 12 '15 at 02:53
  • @user102008 he could have flown via say, Jamaica (transit) to Mexico and gotten a visa when arriving say, 30 hours after the US, in Mexico. – Mark Mayo Nov 12 '15 at 08:15
  • 2
    So you drove? Did you cross 2 min before midnight or something, for this to occur? – Mark Mayo Nov 12 '15 at 08:16
  • 2
    What did you do with the I-94W? You were supposed to turn this in at the border when you left. – Michael Hampton Nov 12 '15 at 20:33
  • I still have the paper – quinten Nov 12 '15 at 21:25
  • You need to do this – Michael Hampton Nov 13 '15 at 04:54
  • Is your Mexican entry stamp on the day you left or the day after you left? Because you need some proof that you were outside the US some time on the day you left, and if you don't have an entry stamp on that day, then you need to find something else, or it will be a problem. – user102008 Nov 13 '15 at 06:32
  • My Mexican stamp is a day after I left the States. I went to the immigration office in Ensenada but is was already closed. The only proof I have from leaving the usa in time is a ticket of a toll road that has the time and date. And I can proof the office in Ensenada closes at 5pm. But that's all I have. You think that's enough? – quinten Nov 13 '15 at 21:58
  • @quinten I think it is enough. – phoog Nov 16 '15 at 19:29
  • 1
    I think what is happening is that Mexico allows foreigners from certain countries to visit the "border zone" for less than 72 hours without getting another document. And if they need to travel further into Mexico, they need to get a document called an FMM at an immigration office (at the border or elsewhere). The OP crossed the border, but got the FMM on a later date. The OP was inspected when they crossed the border, but they don't always stamp passports on entry. If they OP didn't specifically request they stamp the passport, the OP may have no proof of having entered Mexico on that date. – user102008 Nov 16 '15 at 23:59

1 Answers1

1

This shouldn't be a problem for you. Since you did leave within your 90 days, and you have a reasonable explanation for the later date of your Mexican visa, there shouldn't be any problems on return to the US. They're more likely to have questions for you about what you were doing in South America.

Greg Hewgill
  • 38,016
  • 5
  • 103
  • 138
  • 2
    Technically he didn't overstay - he left within the 90 days, no? – Mark Mayo Nov 12 '15 at 08:14
  • @MarkMayo: Oh, perhaps I misread. The missing piece is perhaps where he was on the day after his VWP expired. Not enough information to determine. – Greg Hewgill Nov 12 '15 at 08:18
  • yeah, I've commented asking about this. It's possible if he flew somewhere first (Transit) or if he crossed at 2 min to midnight and then got the visa 5 min later, but as you say, not enough info at present :/ – Mark Mayo Nov 12 '15 at 08:26
  • Hey, thank you for replying. I left within the 90 days. I have an I-94W visa so the date on my passport is the day I have to leave. I crossed the border by car around 7pm but I wasn't able to stop at the border so I drove to Ensenada (because they have an immigration office there as well. But that office was close so I had to wait another day. So that's why my Mexican visa has 1 day difference with my VPW and I'm not sure if that's a big problem if I come back to the us after 6 months. Technically I left the us within the 90 days but will they check when I got my Mexican visa? – quinten Nov 12 '15 at 19:24
  • @quinten: Thanks for the detail. I've edited my answer. It would be helpful if you add this additional info to your question too. – Greg Hewgill Nov 12 '15 at 19:28
  • I've add the info to my question ;) – quinten Nov 12 '15 at 19:33