Panic - starting the visa in the U.S.

[amoswilliams 0]

Apologies in advance for this stupid question, but my wife and I have had our heads mashed up by this whole procedure and we're totally confused.

I'm a Brit who has been married to a U.S. citizen for 10 years and we have successfully completed the tortuous I-130 process. Forgive me if I use the wrong terminology but we have now received a bag of goodies together with a stamp in my passport and I have six months to "move" to the States. Now, my question is, what constitutes a "move" ? For example can I just go there for a week and start the procedure, and then come and go - or do I have to stay there for a fixed period ?

Any advice gratefully received - including any pointers to documents I have been unable to find.

Thanks, and apologies again.

Amos

[YuAndDan 153]

Question which Visa do you have IR-1 or K-3?

IR-1 is a little less restrictive, you are automatically given a 10 year green card.

K-3 is a multi entry visa, but you will need to adjust status in the states, to get the green card.

You don't need to stay for a fixed period, but if you decide to naturalize then there is a requirement to not be out of the country for more than 6 months.

[amoswilliams 0]

Question which Visa do you have IR-1 or K-3?

IR-1 is a little less restrictive, you are automatically given a 10 year green card.

Thanks for the response! It appears to be an IR1 (according to the stamp in my passport).

So if, for example, I was traveling to the States tomorrow for a week, could I start the visa then or would I be expected to stay for a minimum period ?

Many thanks in advance,

Amos

[YuAndDan 153]

Question which Visa do you have IR-1 or K-3?

IR-1 is a little less restrictive, you are automatically given a 10 year green card.

Thanks for the response! It appears to be an IR1 (according to the stamp in my passport).

So if, for example, I was traveling to the States tomorrow for a week, could I start the visa then or would I be expected to stay for a minimum period ?

Many thanks in advance,

Amos

No minimum initial stay, but again you don't want to be out of the country too long.

[Yodrak 7]

Amos,

As George Carlin might say - the visa does not start when you enter the USA, it ends. It's a 1-entry visa and it has just been used.

However, in the new way of doing things, the CBP officer will endorse the visa on entry with a notation that you are now a permanent resident and the visa is transformed into a temporary I-551 - your PR ID until the card can be made and is sent to you.

No minimum stay, but before you do leave you will want to start doing things to demonstrate that you have made the USA your primary place of residence so that you do not inadvertantly abandon the PR status that you were just given. (Taking the next plane out without leaving the airport to pack your bags might create a problem, for example.) Have a consultation with an immigration attorney who has experience with abandonment issues to get some advice on that.

Yodrak

Question which Visa do you have IR-1 or K-3?

IR-1 is a little less restrictive, you are automatically given a 10 year green card.

Thanks for the response! It appears to be an IR1 (according to the stamp in my passport).

So if, for example, I was traveling to the States tomorrow for a week, could I start the visa then or would I be expected to stay for a minimum period ?

Many thanks in advance,

Amos

[meauxna 15]

Taking the next plane out without leaving the airport to pack your bags

Isn't that the exact example MrF gives as something that *is* possible?

Apologies in advance for this stupid question, but my wife and I have had our heads mashed up by this whole procedure and we're totally confused.

I'm a Brit who has been married to a U.S. citizen for 10 years and we have successfully completed the tortuous I-130 process. Forgive me if I use the wrong terminology but we have now received a bag of goodies together with a stamp in my passport and I have six months to "move" to the States. Now, my question is, what constitutes a "move" ? For example can I just go there for a week and start the procedure, and then come and go - or do I have to stay there for a fixed period ?

Any advice gratefully received - including any pointers to documents I have been unable to find.

Thanks, and apologies again.

Amos

Amos,

What's your concern?

(don't open the bag o' goodies, btw)

Here's what to expect on your first time through with the new visa:

Arriving in America

So, what's your plan, or how would you like it all to go?

Hard to give you direction without knowing what the problem is. Keep in mind that the visa is good for 6 months (but there might be reasons for using it before then), the name of your new status is Permanent Resident, and, there may be tax implications to sales made after you become a PR (enter the US with the visa).

I'll presume you intend to immigrate to the US, hence the torture (was it really all that bad??), so I'll wait for some enlightenment.

Edited October 18, 2006 by meauxna

[amoswilliams 0]

Amos,

What's your concern?

(don't open the bag o' goodies, btw)

Here's what to expect on your first time through with the new visa:

Arriving in America

So, what's your plan, or how would you like it all to go?

Hard to give you direction without knowing what the problem is. Keep in mind that the visa is good for 6 months (but there might be reasons for using it before then), the name of your new status is Permanent Resident, and, there may be tax implications to sales made after you become a PR (enter the US with the visa).

I'll presume you intend to immigrate to the US, hence the torture (was it really all that bad??), so I'll wait for some enlightenment.

Thanks so much for the feedback guys. Yes, I do intend to immigrate but we're just not ready - I know that sounds weird when you consider the length of the process we've undertaken. We're going over there for a week and we wanted to get things ready so we can set a date to actually do the move - and also start looking for work in the U.S. For various reasons my wife is not going to be able to move back permanently until *after* the end date of my visa (I know, I know) - so whatever happens I'm going to need to use it before.

Thanks again,

Regards,

Amos

[meauxna 15]

Amos,

What's your concern?

(don't open the bag o' goodies, btw)

Here's what to expect on your first time through with the new visa:

Arriving in America

So, what's your plan, or how would you like it all to go?

Hard to give you direction without knowing what the problem is. Keep in mind that the visa is good for 6 months (but there might be reasons for using it before then), the name of your new status is Permanent Resident, and, there may be tax implications to sales made after you become a PR (enter the US with the visa).

I'll presume you intend to immigrate to the US, hence the torture (was it really all that bad??), so I'll wait for some enlightenment.

Thanks so much for the feedback guys. Yes, I do intend to immigrate but we're just not ready - I know that sounds weird when you consider the length of the process we've undertaken. We're going over there for a week and we wanted to get things ready so we can set a date to actually do the move - and also start looking for work in the U.S. For various reasons my wife is not going to be able to move back permanently until *after* the end date of my visa (I know, I know) - so whatever happens I'm going to need to use it before.

Thanks again,

Regards,

Amos

Amos,

It's no tragedy.. each family has their own priorities, and I have often said 'fastest isn't always bestest'. Don't let the pressure that separated couples feel rub off on you. We hung out for awhile after getting the visa becasue we were living on a Greek island---not overly eager to get back to the grind here, know what I mean?

(Why was your process so long???)

Read the last half of the DCF Guide for info on entering the US; you will become a Permanent Resident as soon as you come here with that visa. I don't know anything about it, but it has been hinted at that there may be negative US tax implications if you sell a piece of property *after* that first visit (which is when you actually immigrate, even if you don't move. Something to do with capital gains tax.

As soon as you enter, you'll be work authorized, and your 'clock' will start ticking toward I-751 if necessary, and naturalization, if desired. Keep track of ALL your international travel from this date forward.

So, the job hunting will be good.

There is a requirement that your USC sponsor/spouse enter the US at or before you immigrate.. so that is good that she is coming on this trip, and then it will not matter if she is not moving back permanently just yet.

So, back to your very original question, yes, a 'visit' is sufficient for you to use the visa; you do not have to make your permanent move just yet.

[amoswilliams 0]

All of your advice and comments really helped us out. I'm now sitting in my mother-in-law's kitchen in Philadelphia, with a glass of wine and a stamp in my passport that says I'm a permanent resident of the USA! The process of activating the visa was almost *exactly* as documented in the "Entering the U.S." link above.

So thanks again everyone!

Regards,

Amos

[Yodrak 7]

meauxna,

I didn't say that it was not possible. And I've taken the liberty of putting back and emphasizing a portion of my statement that you inadvertently left out when you quotated me :-)

MrF does say that it's possible. But from time to time he also mentions as an example the case of a woman (I think it was a woman) who was found to have abandoned her status by having left soon after arrival without having taken any steps to establish her residence in the USA, or to indicate that she had abandoned her former residence overseas, while she was here.

As MrF also says quite frequently, 'the devil is in the details'.

Yodrak

Taking the next plane out without leaving the airport to pack your bags might create a problem

Isn't that the exact example MrF gives as something that *is* possible?

Edited October 20, 2006 by Yodrak