IR1 Steps after arriving

[meorbust 0]

My wife received a IR-1 visa recently. We are both headed to the states in a week. Can anyone answer the following questions for me.

1. When must we provide U.S. address information (where we will reside)? And is there any problem if this address changes while in the process of acquiring the 'permanent green card'?

2. How does the IR-1 differ from the K-3 and CR-1? Compared to the latter 2 are there any advantages or disadvantages of an IR-1?

3. After we both land in the states, can someone describe the steps and the length of the process with getting the green card? How much time is allowed to complete these steps?

4.Once my spouse obtains the permanent green card, how long is it valid for?

5Before obtaining the permanent green card, can someone with an immigrant visa open a bank account?

6.From a legal standpoint, can I leave the country if I obtain another job outside of the U.S. and leave her in the states? (will any red flags come up when I leave the U.S.?). Of course she will be financially provided for, I am just concerned with any problems we could encounter if I am not living at the same address as she.

7.Very important question. After obtaining the 'permanent green card' can my spouse leave the country to visit me? If so, how long is she allowed to remain outside of the U.S. without having her visa revoked?

8 Generally speaking, what is the policy regarding recipients of immigrant visas and their travel outside of the U.S. after receiving their green card?

I sincerely thank you all for your feedback and guidance. Please feel free to answer some or all of the questions. and also send me a private message if you choose to. THANKS FOR ANY INFO you can provide.

[Penguin_ie 5,997]

Hi,

I am the wife of a USC and came to Arkansas on a IR-1 visa last year, so I can answer some of your questions.

1. They already have your US address, as you provided it on the forms you filled out (a mailing address at least). Once you have moved to your permanent home, if it is different from the address provided on the forms, she will need to fill in an online change of address form. There is no problem if your address changes, they know people move around, but you need to notify them of any change of address within 10 days.

2. The IR-1 is the bets, because it provides an unconditional greencard. Your wife won't need to pay anymore fees or fill any paperwork until it is time to get naturalised in 3 years time.

3. The green card and SSN will automatically be sent to you in the regular mail, to the address you provided on your visa forms. SSN usually comes quite quickly (if you ticked the box saying you needed one), within a couple of weeks. Green card can take a couple of months- see my timeline- but that is no problem because the entry stamp over the visa in your wife's passport will act as a temporary greencard.

4. It is valid for 10 years. She can apply for citizenship after 3 years but if she decides not to, all she needs to do is renew the greencard after 10 years.

5. Depends on the bank. I was able to open a bank account and also a joint account with my USC husband, but needed to provide my SSN number within 30 days. They weren't concerned about the greencard, my passport and visa within the passport was sufficient.

6. You can, but if you spend a lot of time apart, that may raise questions about the bonafides of your marriage at the naturalisation interview in 3 years time. If you are going abroad as part of the military or a US government contractor, your wife may be able to go with you.

7. She can visit you, but the green card is for permanent residents of the USA, so she must spend more time within the USA than outside of it (unelss military or gov contractor, see above). Generally she should be safe for a few weeks, up to 6 months abroad, anything more than that she should probably apply for a re-entry permit before she goes. Any time abroad will be subtracted from her time within the country when it comes to working out when she can apply for citizenship. The visa is only valid for her entry to the USA, afterwards, rules for a greencard holder apply.

8. From the USCIS website:

Maintaining Permanent Residence

Maintaining Permanent Residence You may lose your permanent residence status if you commit an act that makes you removable from the United States under the law in section 237 of the Immigration and Nationality Act. If you commit such an act, you may be brought before the immigration courts to determine your right to remain a Permanent Resident.

You may be found to have abandoned your permanent resident status if you:

* Move to another country intending to live there permanently.

* Remain outside of the US for more than one year without obtaining a reentry permit or returning resident visa. However in determining whether your status has been abandoned any length of absence from the US may be considered, even if it is less than one year.

* Remain outside of the US for more than two years after issuance of a reentry permit without obtaining a returning resident visa. However in determining whether your status has been abandoned any length of absence from the US may be considered, even if it is less than one year.

* Fail to file income tax returns while living outside of the US for any period.

* Declare yourself a “nonimmigrant” on your tax returns.

[GabiandVi 34]

The previous poster can answer your questions better than I. I would only like to add that I worked with people living abroad who had US permanant residence. They used to talk about something called a white passport, but there was a lot of talk about that becoming less reliable after 9/11. However, I know at least one of my friends who has never lived in the US but maintains her residency, and another who has not lived in the US for at least 12 years who maintains her residency. The former has only visited the US twice or three times in the last 8 years. They are both married to teachers who teach in international schools. These schools are not associated with the US, in other words, they are not embassy schools or department of defense schools, and they are not "American Community" schools. In fact, tha school where I taught with their husbands hasn't nad more than 10% American students in the last 6 or 7 years. (If you work for a DoDD school your spouse's time abroad is counted as time in the US.)

I don't know exactly how it works, and we decided not to go that route (get permanant residency before we knew we were moving to the US.) I'm pretty sure it is not called a "white passport" anymore, and I'm also pretty sure that since 9/11 the policies regarding this situation have changed, but I know it is possible to take your PR spouse abroad and still maintain PR status. However, that time abroad does not count toward your residence when it comes to getting citizenship, and the discussion among my friends (there were 5 couples at my school with this situation in the 2001/2002 school year but at least one got divorced and another two moved away after that year and I don't know what they are up to now) was that even with the white passport, the entry of the PR was at the discretion of the border agent and there was fear that the PR would be turned back. However, this never happened to my friends, the one of whom goes to the US every summer.

Hopefully people who know more specifics will be able to advise you. I just wanted you to know that the option exists. I may be checking into it in a few years when my daughter starts school. I'm teaching in public schools again, and I CANNOT let her end up in one.

[meorbust 0]

Thank you both for your replies and info. VERY HELPFUL.

Just one more question. If I read the first reply correctly that means an IR1 visa is good for 10 years?!!!!

Also, how long will my wife be physically in the U.S. before receiving the permanent green card via the mail? In other words, how long MUST she stay in the U.S. after entering before she is allowed to leave the country to visit me for a few weeks to a couple months?

THANKS AGAIN!!!!

[imaisha 1]

The IR-1 visa is good for only 6 months, just like the rest of them. The green card that is received after entry on an IR-1 visa is valid for 10 years. Big difference there. The immigrant must enter within 6 months of receiving the visa.

Your wife could theoretically leave immediately after arrival- at her POE she'll get a stamp to go along with the visa that acts as a temporary green card for one year. If you wait for the actual card it'll be about a month I believe.

[meorbust 0]

The IR-1 visa is good for only 6 months, just like the rest of them. The green card that is received after entry on an IR-1 visa is valid for 10 years. Big difference there. The immigrant must enter within 6 months of receiving the visa.

Your wife could theoretically leave immediately after arrival- at her POE she'll get a stamp to go along with the visa that acts as a temporary green card for one year. If you wait for the actual card it'll be about a month I believe.

I have heard differently. I have been told that she MUST remain in the U.S. until she gets the permanent green card. Not that we are planning for her to leave the U.S. immediately. The plan is for her to stay for awhile even after receiving the permanent green card.

[TayRivers 4]

The IR-1 visa is good for only 6 months, just like the rest of them. The green card that is received after entry on an IR-1 visa is valid for 10 years. Big difference there. The immigrant must enter within 6 months of receiving the visa.

Your wife could theoretically leave immediately after arrival- at her POE she'll get a stamp to go along with the visa that acts as a temporary green card for one year. If you wait for the actual card it'll be about a month I believe.

I have heard differently. I have been told that she MUST remain in the U.S. until she gets the permanent green card. Not that we are planning for her to leave the U.S. immediately. The plan is for her to stay for awhile even after receiving the permanent green card.

I know people who came into the US to activate the greencard process and left 5 days later to go back to the UK to finish college and then return 3 months later, they had no problems at POE and their greencards were waiting on them when they got back.

So there is nothing to stop you from leaving the US once you have entered and activated the greencard process. The I-551 stamp that is put on your visa is a temp greencard stamp and it is good for both international travel and employment in the US, it is valid for 12 month. Your actual greencard will arrive at the address you gave within 3 months.

[txladykat 1]

The stamp in the passport acts as a temporary green card and is valid for 1 year from the date of entry.