We got a CR1 visa in less than 2 months!!! Can we enter the USA for one week and come back 6 months later?

[WTF 0]

I'm an American living abroad in South Korea. My wife received her CR1 visa TOO EARLY. The whole process took us LESS THAN 2 MONTHS. It's a problem because we have a baby due on November 28th. We have Korean health insurance and we want to have the baby here. We cannot afford to have the baby in the USA. After the baby is born, we need to wait for the newborn's American passport. This usually takes 2-3 weeks.

As of now, her visa expires on December 24th. We may not be able to leave South Korea for good until the end of December or end of January.

I have a week-long vacation coming up at the beginning of August. If we take a trip to Guam for 7 days, come back to South Korea, and then move to the USA permanently at the end of January, will this work?

I worry that because my wife's first entry to the USA will only be one week, an ensuing departure of 5 months and 20+ days would look really bad.

[sachinky 465]

[WTF 0]

I updated our timeline. There is no option to select the Seoul embassy in South Korea.

[sachinky 465]

So you filed for DIRECT CONSULAR FILING? That explains the two months timeline.

I've seen the 6 month visa expiry date come up a few times. Mine is dated 6 months from visa issuance date. Others are dated 6 months from the medical.

Your wife can enter the US, receive her GC (currently taking about 6 weeks) and return to Korea and have the baby there. When you're ready to move permanently, you can do so. A 5 month absence isn't recommended, but I doubt you will have any problems on re-entry. You can always explain the situation (that your wife wanted to have the baby in Korea with her family present, insurance, etc).

I'm sure someone else will chip in soon enough with more concrete advice.

Edited July 14, 2010 by sachinky

[Penguin_ie 5,993]

Contact the embassy and ask if they would re-validate the visa due to pregnancy of the beneficiary; if you can get a doctor'[s note stating she should not travel, so much the better.

[WTF 0]

Thanks for the info everyone. Yes we used direct consular filing. I will contact the embassy to see what they say.

[Darnell 8,478]

Whoa. wait a mo .

Actually - she can come into USA, leave within a week - NO PROBLEM -

Her passport will be stamped with some thing (used to be called an I-551 stamp) that VALIDATES HER VISA to be used as a temporary green card, with one year validity from the POE date. So - she can come and go, as she pleases, for up to a year, on just the passport/visa, without green card in hand.

Pay attention to any longer durations out of the USA, though.

Also - once she crosses into USA via some POE, a 'trigger' will be sent, to produce the green card and send it to the USA address (on file). Make sure you've got the right address - the green card is GOING THERE - USPS does not forward mail from USCIS, at all.

Address Change Issues in USA ? Can fix at POE, but must TELL THE CBP goonie to change the USA address.

IMO, no need to contact the Embassy about this, at all.

Good Luck with the Baby !

[tokyo.lovers 6]

yeah apparently you can come and go but you must meet a residency requirement i think. i don't think you can be outside of the USA for more than a certain ### of days a year.

[WTF 0]

Actually - she can come into USA, leave within a week - NO PROBLEM -

Thanks Darnell and tokyo.lovers. The second time we hit the USA with green card in hand, our details will look like this:

Inside USA: less than a week

Outside USA: almost 6 months

You don't think this will be a problem? Granted, the second time we land in the USA, we will have a newborn baby with an American passport and I will be traveling with her. The second time is a permanent move and we have no plans to leave again, but I think the timelines above are going to look bad to the immigration officer.

[British_Cupcake 1]

#######: Are you military by any chance? i was just wondering because your in south korea right now. If so there are different rules for the expiry date..My husband is military and everyone use to warn me about leaving the USA with my greencard because you are not allowed to be out of the USA for the max of 364days unless your military and you get stationed abroad.

you may not even be military lol it was just a thought

Hope you get things sorted!

Edited July 17, 2010 by Jonswifey

[Darnell 8,478]

Thanks Darnell and tokyo.lovers. The second time we hit the USA with green card in hand, our details will look like this:

Inside USA: less than a week

Outside USA: almost 6 months

You don't think this will be a problem? Granted, the second time we land in the USA, we will have a newborn baby with an American passport and I will be traveling with her. The second time is a permanent move and we have no plans to leave again, but I think the timelines above are going to look bad to the immigration officer.

Sorry - that's smells like a problem.

Remember - she has 6 months from VISA ISSUANCE DATE to come into the USA. Check the visa stamp, look at the dates, redo yer calendar for that 'first jump to Guam'. Redo yer vacation plans, as well.

IMO, 3 months is 'better' than 6, always.

Edited July 17, 2010 by Darnell

[WTF 0]

Sorry - that's smells like a problem.

Remember - she has 6 months from VISA ISSUANCE DATE to come into the USA. Check the visa stamp, look at the dates, redo yer calendar for that 'first jump to Guam'. Redo yer vacation plans, as well.

IMO, 3 months is 'better' than 6, always.

@jonswifey

Thanks for the tip, but unfortunately the only thing military about me is my haircut.

@Darnell

I think the Korean consulate does things differently because we didn't get 6 months from the visa issuance date. The visa was issued on July 14th and it expires on December 24th, which is 6 months from the medical exam.

[Darnell 8,478]

@####### - ok - still - redo yer plan. Sure, pregnancy will be an issue for flight , but 'less time outside o USA' is better, always.

[British_Cupcake 1]

#######: is her going to the states till she gets her greencard not an option? it would be like 6 weeks but then you wont have the problem with the visa expiring unless i missed a different issue? i get lazy reading sometimes lol

[Grant-Hyunjung 0]

What is this direct filing option? Does anyone know if a 129F can be filed at the Seoul embassy too?