Need advice about scheduling interview with Consulate, CR1 Visa and multiple entries into US after visa is issued

[darryl zero 0]

So, here's the deal:

My wife and I were married in Hong Kong in January of 2008 (she's a British citizen, I'm a US Citizen). The NVC has approved their end of the Immigrant Visa IV and it has been forwarded to the US Consulate in Hong Kong, with an interview date scheduled for the first week of May. As I understand it, the visa can be issued pretty quickly after that, at which point my wife would have a six month window in which to enter the US.

Here's the tricky bit. My wife and I would like to stay in Hong Kong through December of this year, and move out to the US in January of 2010. If her Visa were issued in May, then she would need to move out by November, correct? We are also planning a short trip (roughly two weeks) back to the US in August of this year.

I'm sure you may have noticed, but it is quite difficult to get concrete answers to your specific questions from any government webpage. Not knowing any better, I was working under the assumption that once she entered the US on her Visa, she would not be able to leave until her Green Card was issued, which could take months. This is a no-go for us, as we both have work commitments in Hong Kong through the end of the year.

At first we thought, "well, let's just push the interview back a few months", but the consulate was pretty strict about not doing that.

However, from the US consulate in Hong Kong's own webpage (http://hongkong.usconsulate.gov/iv_apply.html):

"Step Six: After the visa is approved and issued

Once you have received your immigrant visa, please note the expiration date. You must enter the United States within the timeframe specified on the visa to obtain a permanent resident or "green" card (Form I-151 or I-551) that will allow you to live and work in the United States.

At the port of entry in the U.S., the officials will stamp your passport and make a notation that you are registered for a permanent resident card. It normally takes several months for USCIS to process and send the permanent resident card to you. In the interim, the passport stamp, valid for a year, permits employment and travel as you await your green card. You may depart and return to the U.S. before you receive the permanent residence card, as long as the stamp in your passport has not expired. Should the stamp expire and you have still not received your permanent resident card, you should contact USCIS in the U.S. before departure to obtain permission to return to the U.S."

If I understand this correctly, she can have the Visa issued in Hong Kong... Then we enter the US in August for our vacation, my Wife using her immigrant visa... The border officer stamps her passport, giving it the power of a temporary one year Green Card. She can live and work in the US with just her passport (pending the issuance of her proper US Green Card), but more importantly, she will be able to turn around and fly back to Hong Kong on her immigrant Visa equipped passport, and then immigrate to the US permanently in January of 2010 as we have planned? Can someone verify that my assumptions are correct? If they are flawed, can someone please suggest some alternative solutions to our dilemna?

[12345678 1]

First of all, if I were in ur situation I would have tried to reschedule my interview in later dates..Like u know, may be in July. Why would consulate be strict about it anyways?

Lets say, if u are not allowed to reschedule interview, in that case, when u and ur wife are going to States for vacation, wait for the green card to arrive. It takes 2-4 weeks. Once the green card is with her, she will be free to go anywhere, and fulfill the commitments.........

So like, try to make the vacation considering the fact that GC may take upto 4 weeks (sometimes earlier)...u will be fine with it...rn't u?

Good Luck

Sonia

[redglasses 1]

You can have your wife's GC sent to your parent's place and have them forward it to her in HK.

That's what my friend in the same kind of situation did.

[darryl zero 0]

I was really hoping someone had first hand knowledge, one way or another.

soniasharmin, the US Consulate in Hong Kong has refused to reschedule her appointment for whatever reason they feel is justifed.

As for taking a vacation to the states for 2-4 weeks, this is impossible. we have ten days booked in the US in August, and then we both have to return to Hong Kong for work obligations.

redglasses, your suggestion sounds fine, but I need to know from someone who has first hand experience with a similar situation that this is acceptable to the US Government and will not compromise my wife's Visa status in any way.