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Frenchwife

Can I be prevented from entering US?

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Filed: IR-1/CR-1 Visa Country: France
Timeline

Hi all

I have interview at embassy next week for the IR.

but I worry that I might be in trouble going to the US next time.

I went for K3 then but dropped it while pursuying IR at NVC.

Pratically maybe I should have pursued K3 first in order to wrap up

all in France and also delay the GC until after Jan 2010 but now it is too late.

I want to be with my husband and stable in the US asap

but might be only in January 2010 that I will be willing to activate GC

in the meantime I want to see my husband and would travel in October

what if I have the visa for GC but choose not to activate this time

and travel again under Visa Waiver.

Log

Wedding 01-2006

USCIS

I-130 NOA1 : 11-20-08 I-130 NOA2 : 05-14-2009

I-129F NOA1 : 12-04-08 I-129F NOA2 : 05-14-2009 Took no action since

NVC

Case number assigned at NVC : 05-18-2009

Case Completed at NVC : 08-03

Interview scheduled: 08-13

Embassy

medical : done 08-17 + pick up 09-08

Interview Date: 09-08-09

Visa received : 09-11-09 valid till 03-10-10

October 10th entered US with Visa Waiver Program for 2 weeks holidays (not usual with visa received!)

had to go through secondary inspections to explain

November 25th entered again US with WVP, officer did not notice my green card visa

left US on dec 28 to avoid meeting the substantial presence test for IRS

Jan 9 2010 entered and activated green card though PHL port of entry

waiting for SSN requested with DS230 and 10 years GC

01-30 received tracking number for GC Welcome issued on 01-27

but not yet SSN

SSN expected by Feb 20 else I might go and ask for one regardless of DS230

GC expected by March 27

Feb 3 2010 update card ordered says to allow for 30 days

Feb 8 2010 update saying approval notice sent

Feb 12 2010 received GC card Permanent resident valid till 2020

Feb 18 2010 went to file ss5 for ssn card as not yet received and center would not find me in ssn files

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Filed: Citizen (apr) Country: England
Timeline

You can enter on your visa and leave again to tie up loose ends in your home country. You wouldn't be the first to do that.

You would need your GC to get back in again but you can either wait for that to arrive (about 4 weeks) before you leave or have you husband send it to you by courier. Make sure you will be back in the USA within 6 months to avoid problems.

You could also travel on the VWP and ask the CBP officer to allow you to enter under that scheme and leave your visa unused but they may not agree to do that.

Provided you came in October and would be back again in Janaury 2010 using the visa is the best option. If gives you an earlier resident from date and hence earlier qualification for citizenship if you so choose.

Edited by Lansbury

What to expect at the POE - WIKI entry

IR-1 Timeline IR-1 details in my timeline

N-400 Timeline

2009-08-21 Applied for US Citizenship

2009-08-28 NOA

2009-09-22 Biometrics appointment

2009-12-01 Interview - Approved

2009-12-02 Oath ceremony - now a US Citizen

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Filed: Citizen (apr) Country: England
Timeline

To correct myself you wouldn't have to wait for the GC because the I-551 stamp on your visa, which you will get at the POE, makes it a GC for 12 months

Edited by Lansbury

What to expect at the POE - WIKI entry

IR-1 Timeline IR-1 details in my timeline

N-400 Timeline

2009-08-21 Applied for US Citizenship

2009-08-28 NOA

2009-09-22 Biometrics appointment

2009-12-01 Interview - Approved

2009-12-02 Oath ceremony - now a US Citizen

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Filed: IR-1/CR-1 Visa Country: France
Timeline
If you have the visa in your passport, you don't get to choose whether (or not) to activate it.

I hope it is not true!

I don't care about getting GC early

I need to wrap up fiscal and work things

and having the GC makes me Us resident

and I think it makes it very complex

I want my trip in October is to visit my husband

not to activate my GC!!!

how do they see you have the visa in the passport

often they open at whatever page

and they don't screen for it

I have been entering under Visa waiver while waiting for my visa

after I have it

I have apparently 6 months to activate

and I don't want to actovate it before Jan 2010 maybe

Log

Wedding 01-2006

USCIS

I-130 NOA1 : 11-20-08 I-130 NOA2 : 05-14-2009

I-129F NOA1 : 12-04-08 I-129F NOA2 : 05-14-2009 Took no action since

NVC

Case number assigned at NVC : 05-18-2009

Case Completed at NVC : 08-03

Interview scheduled: 08-13

Embassy

medical : done 08-17 + pick up 09-08

Interview Date: 09-08-09

Visa received : 09-11-09 valid till 03-10-10

October 10th entered US with Visa Waiver Program for 2 weeks holidays (not usual with visa received!)

had to go through secondary inspections to explain

November 25th entered again US with WVP, officer did not notice my green card visa

left US on dec 28 to avoid meeting the substantial presence test for IRS

Jan 9 2010 entered and activated green card though PHL port of entry

waiting for SSN requested with DS230 and 10 years GC

01-30 received tracking number for GC Welcome issued on 01-27

but not yet SSN

SSN expected by Feb 20 else I might go and ask for one regardless of DS230

GC expected by March 27

Feb 3 2010 update card ordered says to allow for 30 days

Feb 8 2010 update saying approval notice sent

Feb 12 2010 received GC card Permanent resident valid till 2020

Feb 18 2010 went to file ss5 for ssn card as not yet received and center would not find me in ssn files

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You can enter on your visa and leave again to tie up loose ends in your home country. You wouldn't be the first to do that.

You would need your GC to get back in again but you can either wait for that to arrive (about 4 weeks) before you leave or have you husband send it to you by courier. Make sure you will be back in the USA within 6 months to avoid problems.

You could also travel on the VWP and ask the CBP officer to allow you to enter under that scheme and leave your visa unused but they may not agree to do that.

NOT ADVISABLE!!!!! NEVER SCHEME ESPECIALLY TALKING TO A CBP OFFICER!!! THEY WROTE THE BOOKS ON THE TRICKS, TRUST ME ON THIS ONE!!!! I CAN TELL YOU SO MANY STORIES ON THIS SENERIO!!!!

Provided you came in October and would be back again in Janaury 2010 using the visa is the best option. If gives you an earlier resident from date and hence earlier qualification for citizenship if you so choose.

Truly happy!!!

New life, new adventures, and a new attitude.

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Filed: IR-1/CR-1 Visa Country: France
Timeline

thanks all for your replies.

No "schemes" there, just rights and sense.

if I plan to go under VWP it is just that I feel it makes sense.

On one side I am afraid of non sense

On the other side I feel that if I am clear with myself and not burdening the officer will

not see any harm (like it has been the case for my previous visits)

I waited so long for this visa

If early / in the middle of the year I would certainly not delay things

but going immediately as GC now is complex versus waiting some few days

why couldn't avoid to activate GC if I am again going back and forth one more time

still having my job or having to receive settlement from leaving job

still having not moved my furniture

still having my French taxes to settle

etc..

Also my mother has a donation in progress at the notary

and she will complete it by november (I told her to hurry up but I doubt she will manage)

she has been preparing it for months with the notary and has deadline of november because of her birthday

being a US resident at that time might wreck the work of the notary, wreck my mother spirit ,

and make it awfully complicated

I want to be for holidays with my husband

making it more bereable to wait

for me to come really and settle end of the year / beginning of 2010

I will not work and have no revenue

when you activate GC you become immediately US resident

I would like it to be not too soon now to simplify handling

why would I make things complex

mixing in 2009 revenues from France with residency in the US

I have been travelling under VWP while waiting for visa

I feel I can travel still waiting for appropriate time to become resident

I have to study more about taxes

see if manageable to come end of the year

Probably in the states for Christmas I will probably come back early January to see my family

for Epiphany , then go back and activate GC and bring furniture over

Edited by Frenchwife

Log

Wedding 01-2006

USCIS

I-130 NOA1 : 11-20-08 I-130 NOA2 : 05-14-2009

I-129F NOA1 : 12-04-08 I-129F NOA2 : 05-14-2009 Took no action since

NVC

Case number assigned at NVC : 05-18-2009

Case Completed at NVC : 08-03

Interview scheduled: 08-13

Embassy

medical : done 08-17 + pick up 09-08

Interview Date: 09-08-09

Visa received : 09-11-09 valid till 03-10-10

October 10th entered US with Visa Waiver Program for 2 weeks holidays (not usual with visa received!)

had to go through secondary inspections to explain

November 25th entered again US with WVP, officer did not notice my green card visa

left US on dec 28 to avoid meeting the substantial presence test for IRS

Jan 9 2010 entered and activated green card though PHL port of entry

waiting for SSN requested with DS230 and 10 years GC

01-30 received tracking number for GC Welcome issued on 01-27

but not yet SSN

SSN expected by Feb 20 else I might go and ask for one regardless of DS230

GC expected by March 27

Feb 3 2010 update card ordered says to allow for 30 days

Feb 8 2010 update saying approval notice sent

Feb 12 2010 received GC card Permanent resident valid till 2020

Feb 18 2010 went to file ss5 for ssn card as not yet received and center would not find me in ssn files

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Filed: AOS (pnd) Country: Benin
Timeline

There is no reason to delay activating your IV. You can activate it October 1 and then return to home to your country October 2, then reenter the US as a PR in January. Why wouldn't this work for you? You still get to travel to the US but not permanently move there until January.

I don't think the other way will work for you. I don't see any border agent going along with this as it is totally unnecessary.

AOS Timeline

4/14/10 - Packet received at Chicago Lockbox at 9:22 AM (Day 1)

4/24/10 - Received hardcopy NOAs (Day 10)

5/14/10 - Biometrics taken. (Day 31)

5/29/10 - Interview letter received 6/30 at 10:30 (Day 46)

6/30/10 - Interview: 10:30 (Day 77) APPROVED!!!

6/30/10 - EAD received in the mail

7/19/10 - GC in hand! (Day 96) .

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Filed: Timeline

I, along with a few others on VJ, were able to come to the US without being forced to use our visas. I just explained to the CBP Officer that I would not be using it at this time as I had a home to sell, a job to resign from, etc, etc. I told him when I expected to move and it was no problem.

As an aside..... we asked the Consulate Officer about this at my interview and he told us there was no policy which stated it must be used once it is in your passport. However, he did emphasize that it was always up to the CBP Officer at the POE whether they will let you through or not. He did offer me the option to delay issuance of the visa until I was ready, so you can certainly ask about that.

Good luck. :)

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Filed: IR-1/CR-1 Visa Country: Jamaica
Timeline
There is no reason to delay activating your IV. You can activate it October 1 and then return to home to your country October 2, then reenter the US as a PR in January. Why wouldn't this work for you? You still get to travel to the US but not permanently move there until January.

I don't think the other way will work for you. I don't see any border agent going along with this as it is totally unnecessary.

i was thinking this same thing too

You can enter on your visa and leave again to tie up loose ends in your home country. You wouldn't be the first to do that.

You would need your GC to get back in again but you can either wait for that to arrive (about 4 weeks) before you leave or have you husband send it to you by courier. Make sure you will be back in the USA within 6 months to avoid problems.

You could also travel on the VWP and ask the CBP officer to allow you to enter under that scheme and leave your visa unused but they may not agree to do that.

NOT ADVISABLE!!!!! NEVER SCHEME ESPECIALLY TALKING TO A CBP OFFICER!!! THEY WROTE THE BOOKS ON THE TRICKS, TRUST ME ON THIS ONE!!!! I CAN TELL YOU SO MANY STORIES ON THIS SENERIO!!!!

Provided you came in October and would be back again in Janaury 2010 using the visa is the best option. If gives you an earlier resident from date and hence earlier qualification for citizenship if you so choose.

how could it be viewed in a negative way by the CBP officer?

I864 delivered November 2nd.....nvc logged it on November 5th

DS230 delivered November 6th.....nvc logged it on November 12th

Welcome to US Letter May 19th

Card production ordered May 25th

739444001253587733-final.gif

upherebl.gif

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I, along with a few others on VJ, were able to come to the US without being forced to use our visas. I just explained to the CBP Officer that I would not be using it at this time as I had a home to sell, a job to resign from, etc, etc. I told him when I expected to move and it was no problem.

Just to kind of piggyback on this - Canada/US CBP is just about the only place I've seen/read where this sometimes occurs - in all likelihood an entrant from Europe (for example) will not get this opportunity.

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Filed: Citizen (apr) Country: Russia
Timeline

I don't see why you wouldn't activate the visa immediately. Having the GC or I-551 stamp makes easy exit and entry to the US. You will still be a French citizen and as far as anyone in France is concerned the GC means nothing. Just don't stay outside of the US for more than 6 months without a proper reentry permit.

If at first you don't succeed, then sky diving is not for you.

Someone stole my dictionary. Now I am at a loss for words.

If Apple made a car, would it have windows?

Ban shredded cheese. Make America Grate Again .

Give a man a fish and he will eat for a day.  Deport him and you never have to feed him again.

I started out with nothing, and I still have most of it.

I went bald but I kept my comb.  I just couldn't part with it.

My name is not Richard Edward but my friends still call me DickEd

If your pet has a bladder infection, urine trouble.

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I fired myself from cleaning the house. I didn't like my attitude and I got caught drinking on the job.

My kid has A.D.D... and a couple of F's

Carrots improve your vision.  Alcohol doubles it.

A dung beetle walks into a bar and asks " Is this stool taken?"

Breaking news.  They're not making yardsticks any longer.

Hemorrhoids?  Shouldn't they be called Assteroids?

If life gives you melons, you might be dyslexic.

If you suck at playing the trumpet, that may be why.

Dogs can't take MRI's but Cat scan.

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Filed: IR-1/CR-1 Visa Country: France
Timeline
I don't see why you wouldn't activate the visa immediately. Having the GC or I-551 stamp makes easy exit and entry to the US. You will still be a French citizen and as far as anyone in France is concerned the GC means nothing. Just don't stay outside of the US for more than 6 months without a proper reentry permit.

Thanks a lot for your comments.

When no/little revenue, no possession etc.. I agree with you.

Instead in case of foreign revenue it is not obvious

Imagine you are already US resident and still receive French revenue with a tax break because related to your termination.

Afraid I would be taxed in the US

Afraid it would also be high complexity even if low cost

Instead in case of estate, it is not clear eitherImagine you receive cash as a gift, with tax break in France

Imagine you receive estate as a gift with tax break in France

Afraid it would jeopardize donation my mum is about to do to me and my brothers

All this is not at all clear to me

And it may take time to sort all

in the meantime I want to see my husband

have a look at

U.S. estate tax exposure for foreign nationals

http://www.thefreelibrary.com/U.S.+estate+...nals-a062725164

Pre-U.S. immigration estate planning for nonresident aliens.

http://www.thefreelibrary.com/Pre-U.S.+imm...ens.-a018740562

you will sometimes you may want to delay your residency until all fixed

IRS says

Starting / ending dates

http://www.irs.gov/businesses/small/intern...=129391,00.html

Residency Starting Date Under the Green Card Test

If you meet the green card test at any time during a calendar year, but do not meet the substantial presence test for that year, your residency starting date is the first day in the calendar year on which you are present in the United States as a lawful permanent resident (the date on which the United States Citizenship and Immigration Services (USCIS) has officially approved your petition to become an Immigrant). If you receive your green card abroad, then the residency starting date is your first day of physical presence in the United States after you receive your green card. Section 7701(B)(1)(A)(i) of the Internal Revenue Code allows you to be treated as a resident alien for the entire calendar year if you were a Lawful Permanent Resident of the United States at any time during the calendar year if you have been present in the United States for at least one day during the calendar year.

Residency Starting Date Under the Substantial Presence Test

If you meet the substantial presence test for a calendar year, your residency starting date is generally the first day you are present in the United States during that calendar year.

Alien Residency - Green Card Test

http://www.irs.gov/businesses/small/intern...d=96314,00.html

You are a resident, for tax purposes, if you are a Lawful Permanent Resident of the United States at any time during the calendar year (however, see Dual Status Alien). This is known as the "green card" test. You are a Lawful Permanent Resident of the United States, at any time, if you have been given the privilege, according to the immigration laws, of residing permanently in the United States as an immigrant. You generally have this status if the U.S. Citizenship and Immigration Service (USCIS) has issued you an alien registration card, Form I-551, also known as a "green card." You continue to have resident status, under this test, unless you voluntarily renounce and abandon this status in writing to the USCIS, or your immigrant status is administratively terminated by the USCIS, or your immigrant status is judicially terminated by a U.S. federal court. If you meet the green card test at anytime during the calendar year, but do not meet the substantial presence test for that year, your residency starting date is the first day on which you are present in the United States as a Lawful Permanent Resident. However, an alien who has been present in the United States at any time during a calendar year as a Lawful Permanent Resident may choose to be treated as a resident alien for the entire calendar year.

When does it start for me that will have a visa at the embassy?

- when receiving visa ?

- when entering having visa / with ability to previously enter under VWP?

- when entering having visa with no choice vs VWP?

Edited by Frenchwife

Log

Wedding 01-2006

USCIS

I-130 NOA1 : 11-20-08 I-130 NOA2 : 05-14-2009

I-129F NOA1 : 12-04-08 I-129F NOA2 : 05-14-2009 Took no action since

NVC

Case number assigned at NVC : 05-18-2009

Case Completed at NVC : 08-03

Interview scheduled: 08-13

Embassy

medical : done 08-17 + pick up 09-08

Interview Date: 09-08-09

Visa received : 09-11-09 valid till 03-10-10

October 10th entered US with Visa Waiver Program for 2 weeks holidays (not usual with visa received!)

had to go through secondary inspections to explain

November 25th entered again US with WVP, officer did not notice my green card visa

left US on dec 28 to avoid meeting the substantial presence test for IRS

Jan 9 2010 entered and activated green card though PHL port of entry

waiting for SSN requested with DS230 and 10 years GC

01-30 received tracking number for GC Welcome issued on 01-27

but not yet SSN

SSN expected by Feb 20 else I might go and ask for one regardless of DS230

GC expected by March 27

Feb 3 2010 update card ordered says to allow for 30 days

Feb 8 2010 update saying approval notice sent

Feb 12 2010 received GC card Permanent resident valid till 2020

Feb 18 2010 went to file ss5 for ssn card as not yet received and center would not find me in ssn files

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Filed: IR-1/CR-1 Visa Country: France
Timeline
I, along with a few others on VJ, were able to come to the US without being forced to use our visas. I just explained to the CBP Officer that I would not be using it at this time as I had a home to sell, a job to resign from, etc, etc. I told him when I expected to move and it was no problem.

As an aside..... we asked the Consulate Officer about this at my interview and he told us there was no policy which stated it must be used once it is in your passport. However, he did emphasize that it was always up to the CBP Officer at the POE whether they will let you through or not. He did offer me the option to delay issuance of the visa until I was ready, so you can certainly ask about that.

Good luck. :)

THANKS A LOT for your input.

I wish I will meet a consulate officer as cooperative as yours

pondering different options

1) ask consulate to delay interview

husband will be super angry

2) ask the consulate to delay issuance

risk that they deny?

my husband again will be angry

3) plan next trip to be through Canada

before reading your post I was thinking about it

first to visit Canada

second to be able to have my husband to come and see me even if I don't get through

but this is not good for our baby projects where clock is tickling extremely loudly

4) plan next trip direct to US

be prepared to go back if not willing to activate?

be prepared to get in

etc....

IN parallel urge my mum to wrap up donation

and wrap up job also asap

when you came, when was your starting US residence?

Log

Wedding 01-2006

USCIS

I-130 NOA1 : 11-20-08 I-130 NOA2 : 05-14-2009

I-129F NOA1 : 12-04-08 I-129F NOA2 : 05-14-2009 Took no action since

NVC

Case number assigned at NVC : 05-18-2009

Case Completed at NVC : 08-03

Interview scheduled: 08-13

Embassy

medical : done 08-17 + pick up 09-08

Interview Date: 09-08-09

Visa received : 09-11-09 valid till 03-10-10

October 10th entered US with Visa Waiver Program for 2 weeks holidays (not usual with visa received!)

had to go through secondary inspections to explain

November 25th entered again US with WVP, officer did not notice my green card visa

left US on dec 28 to avoid meeting the substantial presence test for IRS

Jan 9 2010 entered and activated green card though PHL port of entry

waiting for SSN requested with DS230 and 10 years GC

01-30 received tracking number for GC Welcome issued on 01-27

but not yet SSN

SSN expected by Feb 20 else I might go and ask for one regardless of DS230

GC expected by March 27

Feb 3 2010 update card ordered says to allow for 30 days

Feb 8 2010 update saying approval notice sent

Feb 12 2010 received GC card Permanent resident valid till 2020

Feb 18 2010 went to file ss5 for ssn card as not yet received and center would not find me in ssn files

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Filed: IR-1/CR-1 Visa Country: France
Timeline
I, along with a few others on VJ, were able to come to the US without being forced to use our visas. I just explained to the CBP Officer that I would not be using it at this time as I had a home to sell, a job to resign from, etc, etc. I told him when I expected to move and it was no problem.

Just to kind of piggyback on this - Canada/US CBP is just about the only place I've seen/read where this sometimes occurs - in all likelihood an entrant from Europe (for example) will not get this opportunity.

thanks for your input

I have been through the VWP again and again

http://www.cbp.gov/xp/cgov/travel/id_visa/...s_pleasure/vwp/

ANd I don't see that you cannot use it if you qualify for it even if you have immigrant visa

I think about it a little like the trips while waiting for the visa

need to prove ties

and subject to good will / judgment of officer

certainly Canada is in a better position to try this

as there is no flight back issue if passing the border by road

but if it makes sense for Canada

should make sense for Europe too, shouldn't it?

Edited by Frenchwife

Log

Wedding 01-2006

USCIS

I-130 NOA1 : 11-20-08 I-130 NOA2 : 05-14-2009

I-129F NOA1 : 12-04-08 I-129F NOA2 : 05-14-2009 Took no action since

NVC

Case number assigned at NVC : 05-18-2009

Case Completed at NVC : 08-03

Interview scheduled: 08-13

Embassy

medical : done 08-17 + pick up 09-08

Interview Date: 09-08-09

Visa received : 09-11-09 valid till 03-10-10

October 10th entered US with Visa Waiver Program for 2 weeks holidays (not usual with visa received!)

had to go through secondary inspections to explain

November 25th entered again US with WVP, officer did not notice my green card visa

left US on dec 28 to avoid meeting the substantial presence test for IRS

Jan 9 2010 entered and activated green card though PHL port of entry

waiting for SSN requested with DS230 and 10 years GC

01-30 received tracking number for GC Welcome issued on 01-27

but not yet SSN

SSN expected by Feb 20 else I might go and ask for one regardless of DS230

GC expected by March 27

Feb 3 2010 update card ordered says to allow for 30 days

Feb 8 2010 update saying approval notice sent

Feb 12 2010 received GC card Permanent resident valid till 2020

Feb 18 2010 went to file ss5 for ssn card as not yet received and center would not find me in ssn files

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