IR1 Visa to Travel?

[MaryLo 0]

Hi everyone - I am in the beginning stages of this process and am hoping someone can help me with our rather unique situation.

I am USC married to a French man, we were married in France last August and have only lived in France together. We may plan to relocate to the US eventually. However, before doing so we will travel by bicycle through the Canada, the US and possibly Mexico. We would like ( and have been financially planning for) this to take us about 2 years. While we would like the majority of our trip to be throughout the US, we are not sure if there is any way for us to do this actually, because in order for him to get the IR1 (or even CR for that matter) we must have or be planning to have a permanent residence in the US.

He currently holds a B1 visa that can allow him to stay 6 months in the US. We were hoping that there was some kind of tourist visa that could allow him to stay longer, maybe 1 year, but this does not exist which is why we are looking into applying for the IR1 visa prior to our bicycle trip. But now after researching I am thinking it will be impossible with out a permanent residence or employment. I am not sure the financial aspect will be a problem and we have enough savings to last for the 2 year trip and then to get us settled somewhere afterwards.

Any sort of advice any one can offer would be greatly appreciated. I suppose specifically on proving residence in the US. Do we even stand a chance? I was thinking we could use the address of my mother or sister's residence which is what is on my drivers licence and 2012 tax return (most recent I was required to file).

Thanks in advance!

[Smfr212 0]

Hi, first of all that sounds like a fantastic trip!

I think you should apply for a green card first, then plan your trip:

As you are married already the road to a green card should be fairly smooth. There are no waiting periods or quotas for people in your category. Your US entry visa and green card are available to you as soon as you get through the application procedures, which usually take at least a year, and more often 18 months. However, one of your first tasks is to decide which set of application procedures to use. You have two choices: the old-fashioned "immigrant visa," meaning that you'd complete all of your paperwork overseas and enter the US with full rights as a permanent resident (you might even be eligible for Direct Consular Filing (DCF)) or the new K-3 nonimmigrant visa, which is an adaptation of the fiancé visa (K-1).

NOTE: If you've been married for less than two years when you either arrive in the US on an immigrant visa or are approved for a green card after arriving on a K-3 visa, you will begin life in america as a conditional resident. your conditional residency will expire after a two-year "testing" period. Just before the expiration date, you will have to apply for permanent status.

Now this might be interesting for you: There's no question about it-travel outside the US is one of your rights as a conditional or permanent resident. But don't stay away too long. As the term "resident" suggests, you are expected to reside-that is, make your home-in the US. If you make your home outside the US, you could lose your green card. The officer will ask when you left the US, what you were doing while you were away, and where you make your home. Being away for longer than six months will raise suspicion; being away for more than a year makes it likely that you will have to attend an Immigration Court hearing before you can reclaim your US residency and green card.

If you know in advance that you're going to have to spend more than a year outside the US, you can apply for a reentry permit. Use Form I-131, Applciation for Travel Document, available at the local USCIS district office or on the USCIS website at www.uscis.gov. You will want to check Box a in Part 2 for reentry permits. You will have to explain to USCIS the purpose of your trip and how much time you've already spent outside the US. Make sure to submit this form before you leave the US. You can either submit the whole packet by mail or submit the application form online. If you choose the online option, however, you will still have to submit the remainder of your documents by mail, to an address that you'll get in your confirmation receipt.

[Ryan H 3,812]

As you are married already the road to a green card should be fairly smooth. There are no waiting periods or quotas for people in your category. Your US entry visa and green card are available to you as soon as you get through the application procedures, which usually take at least a year, and more often 18 months. However, one of your first tasks is to decide which set of application procedures to use. You have two choices: the old-fashioned "immigrant visa," meaning that you'd complete all of your paperwork overseas and enter the US with full rights as a permanent resident (you might even be eligible for Direct Consular Filing (DCF)) or the new K-3 nonimmigrant visa, which is an adaptation of the fiancé visa (K-1).

NOTE: If you've been married for less than two years when you either arrive in the US on an immigrant visa or are approved for a green card after arriving on a K-3 visa, you will begin life in america as a conditional resident. your conditional residency will expire after a two-year "testing" period. Just before the expiration date, you will have to apply for permanent status.

The words in bold and red are problematic:

• DCF is only available in countries that have a USCIS field office, France is not one of those.
• The K3 visa is not "new," it came into existence in 2000 when the LIFE Act was signed. Procedural changes at USCIS and the State Department in the intervening years have rendered the K3 obsolete and virtually unobtainable.
• The period where an LPR has conditions on their green card is not a "testing period"

[pushbrk 12,802]

The words in bold and red are problematic:

• DCF is only available in countries that have a USCIS field office, France is not one of those.
• The K3 visa is not "new," it came into existence in 2000 when the LIFE Act was signed. Procedural changes at USCIS and the State Department in the intervening years have rendered the K3 obsolete and virtually unobtainable.
• The period where an LPR has conditions on their green card is not a "testing period"

Ryan is correct. However, the OP would be wise to completely disregard the post referred to by Ryan. Those three problems pretty much make it all useless. Somebody who thinks the K3 visa is "new" doesn't know beans from apples about the immigration process.

[pushbrk 12,802]

Hi everyone - I am in the beginning stages of this process and am hoping someone can help me with our rather unique situation.

I am USC married to a French man, we were married in France last August and have only lived in France together. We may plan to relocate to the US eventually. However, before doing so we will travel by bicycle through the Canada, the US and possibly Mexico. We would like ( and have been financially planning for) this to take us about 2 years. While we would like the majority of our trip to be throughout the US, we are not sure if there is any way for us to do this actually, because in order for him to get the IR1 (or even CR for that matter) we must have or be planning to have a permanent residence in the US.

He currently holds a B1 visa that can allow him to stay 6 months in the US. We were hoping that there was some kind of tourist visa that could allow him to stay longer, maybe 1 year, but this does not exist which is why we are looking into applying for the IR1 visa prior to our bicycle trip. But now after researching I am thinking it will be impossible with out a permanent residence or employment. I am not sure the financial aspect will be a problem and we have enough savings to last for the 2 year trip and then to get us settled somewhere afterwards.

Any sort of advice any one can offer would be greatly appreciated. I suppose specifically on proving residence in the US. Do we even stand a chance? I was thinking we could use the address of my mother or sister's residence which is what is on my drivers licence and 2012 tax return (most recent I was required to file).

Thanks in advance!

In short, the red bold portions above indicate you've correctly identified the issues that will doom any attempted IR1 visa process. The virtually unobtainable K3 visa process would be perfect for you but it would still require sponsorship by a permanent resident of citizen of the USA with income IN the USA, and currently LIVING in the USA. Since your spouse would not be immigrating, pretending you plan to immigrate could be considered immigration fraud.

If I were you, I would plan on no more than six months in the USA as a part of your trip.