Entering the US after IR-1 approved for a business visit (i.e. not intending to stay)

[viol8torUK 0]

Hi all,

just a quick question - which is currently hypothetical but may actually happen to me....

I'm filing DCF in London, and have received my packet 3, have had my medical, and am about to return my DS-230 and checklist.

My question is regarding visits to the US.....

there is a very strong possibility that I will have to visit the US for work (my current job), after my visa has been approved, but before I am ready to move to the US permanently (i.e. some time in that 6 month window).

Is anyone aware of any problems with this? Do I HAVE to claim my IR-1 status/green card etc the first time I go to the US after my visa is approved? are there any issues involved with choosing to go on a visitors visa (VWP), even though my IR-1 has already been approved?

Thanks

Tony

[Nik+Heather 121]

As far as I know there is no restriction on you leaving the country again once you enter/activate an IR-1 visa. Unless you have no address to send the GC to?

I think it would be difficult to enter on the VWP with a different type of visa in your passport, and completely up to the border official (if even possible).

There are ways to delay your IR-1 processing - delay sending in paper work, or ask for an interview reschedule for after your trip, etc.

[Usui Takumi 1,562]

Upon entry the IO will endorse your visa and stamp an I-551 in your passport allowing you to travel until the actual greencard arrives.

Edited November 10, 2009 by Sousuke

[Penguin_ie 5,994]

Not having done this myself, but as far as I know, you must activate the visa when you first pass through POE. However, that won't matter; they will stamp your visa in your passport at the POE and this will act as a temporary green card for up to one year until you have your physical greencard (which can take up to three months). So as long as you have someone reliable at the US mailing address you will give (friend, relative) who can keep your physical greencard save when it arrives, you can travel back and forth as you wish.

[viol8torUK 0]

Thanks for the quick responses

I have a reliable address in the US for my green card to get sent to (my wifes parents), and by the time this could actually happen, we may even have a house over there in our own name....

Thanks again

Tony

[Usui Takumi 1,562]

Good luck with the house hunting you've picked a good time to buy.

Edited November 10, 2009 by Sousuke

[viol8torUK 0]

everyone tells us it's a good time to buy, but we're still struggling to find anything in our price range, with the required number of rooms/location etc!! Luckily my wifes parents are pre-approved on a mortgage on our behalf - so we'll 'rent' from them until we have good enough credit to buy the mortgage from them....

Southern California really isn't the best place to get a really good deal, but unfortunately we're stuck there as I need to be close to the film studios for my work....

[meauxna 15]

Hi all,

just a quick question - which is currently hypothetical but may actually happen to me....

I'm filing DCF in London, and have received my packet 3, have had my medical, and am about to return my DS-230 and checklist.

My question is regarding visits to the US.....

there is a very strong possibility that I will have to visit the US for work (my current job), after my visa has been approved, but before I am ready to move to the US permanently (i.e. some time in that 6 month window).

Is anyone aware of any problems with this? Do I HAVE to claim my IR-1 status/green card etc the first time I go to the US after my visa is approved? are there any issues involved with choosing to go on a visitors visa (VWP), even though my IR-1 has already been approved?

Thanks

Tony

One issue to be aware of is that your petitioner/spouse must enter the US with or ahead of you when you first immigrate (use your immigrant visa).

If the visa is in your passport, yes, you will have to use it. I don't think you can be admitted on the VWP.

[Chica Yeyé 41]

meauxna is right. Your immigrant visa will be activated upon entry; but that's cool; as long as your spouse enters with you. Good luck

[viol8torUK 0]

Thanks for that... I will remember to take my wife with me it send her over there before me!!

Tony