Travel to USA on CR-1 but not immigrate

[Sara & Mark 2]

My wife is a Swedish citizen currently residing in Sweden.

I am an American citizen currently residing in the USA.

My wife’s CR-1 visa interview is scheduled for November 18^th, 2013 at the US Embassy in Stockholm, Sweden.

Without providing too many more details to possibly complicate answers, my question for all you unbelievably knowledgeable and helpful members out there in VJ land is this……..

If she is granted her CR-1 visa, can she travel to the USA with the intent of NOT immigrating, but rather return to Sweden and immigrating at a later date prior to the expiration of the CR-1 visa?

Thank you in advance for your time, expertise, and any answers or guidance you can provide.

[Ryan H 3,812]

Yes

Here's the but.........

When she enters the US, the CR-1 will be activated; however, a standard entry stamp will be placed on the passport page next to the visa. This is the "endorsement" that allows the visa itself to act as a temporary green card until the actual card arrives in the mail (after the production fee is paid). The temporary green is valid for 1 year from date of endorsement; however, your wife should probably return before 6 months go by to avoid any problems.

Edited October 22, 2013 by Ryan H

[Hypnos 6,576]

She might be able to attempt entry on the VWP program, but shouldn't need to. Upon endorsement by CBP at PoE, her endorsed immigrant visa itself acts as temporary proof of a green card for a period of usually one year. She could enter the US, activate her LPR status, then turn around and leave the same day if she wished to tie up loose ends in Sweden. After her LPR status is activated, she should be fine to return to the US provide she stays outside for less than six months, and possibly up to a year.

[iamwhatiam80 92]

My wife is a Swedish citizen currently residing in Sweden.

I am an American citizen currently residing in the USA.

My wife’s CR-1 visa interview is scheduled for November 18^th, 2013 at the US Embassy in Stockholm, Sweden.

Without providing too many more details to possibly complicate answers, my question for all you unbelievably knowledgeable and helpful members out there in VJ land is this……..

If she is granted her CR-1 visa, can she travel to the USA with the intent of NOT immigrating, but rather return to Sweden and immigrating at a later date prior to the expiration of the CR-1 visa?

Thank you in advance for your time, expertise, and any answers or guidance you can provide.

If she is using her CR-1 visa at the POE, then the intent is to immigrate on a Immigrant visa. The intent cannot be changed.

[Ms Hogan 295]

My children and I did our POE in March but didn't actually move until the beginning of June as we needed to finish up the school year and tie up other loose ends before moving permanently.

The officer at the border who completed our documentation just wanted me to know that I should be sure to complete my move within 6 months of that date so as to not abandon my GC without realizing it. I already understood all of this going in but was sure to clarify that it was OK upon our evening of POE.

We were still visiting my husband bi-weekly so I did get questioned from some officers who wanted to know why we weren't moving yet. I had to explain each time.

[EmigratingSwede 16]

I too went back to Sweden to sell our apartment quit my job etc after "activiating" my CR-1. I came back to the U.S. just shy of six months later. I was asked by the CBP agent why I had been gone so long, but he was satisfied with my answer that I had been tying up loose ends and selling our condo. I had no problems what so ever. Before leaving the U.S. the first time I had managed to get my SSN and get a valid driver's license. That made it easier to start the job hunt while I was still in Sweden.

[christeen 966]

Once activated, the stamp I-551 serves as the temp green card and she can return to Sweden... But as others said, she would return within 6 months...

[Sara & Mark 2]

I too went back to Sweden to sell our apartment quit my job etc after "activiating" my CR-1. I came back to the U.S. just shy of six months later. I was asked by the CBP agent why I had been gone so long, but he was satisfied with my answer that I had been tying up loose ends and selling our condo. I had no problems what so ever. Before leaving the U.S. the first time I had managed to get my SSN and get a valid driver's license. That made it easier to start the job hunt while I was still in Sweden.

Thank you for the information, very helpful coming from someone from the same country as my wife.

So let me ask you this........

After activating your CR-1 visa you are considered as immigrating from Sweden to the USA, upon your return to Sweden were you still entitled to your social benefits (medical, dental, etc) as if you had never left or did you lose them?

[Ms Hogan 295]

Thank you for the information, very helpful coming from someone from the same country as my wife.

So let me ask you this........

After activating your CR-1 visa you are considered as immigrating from Sweden to the USA, upon your return to Sweden were you still entitled to your social benefits (medical, dental, etc) as if you had never left or did you lose them?

I don't know about Sweden but I know that for me, once I became a permanent resident of the U.S. (the moment I completed my POE) it meant that I was no longer a resident of Canada since you can't be both. I was therefore no longer entitled to my benefits. Even though I spent most of my time in Canada for 10 more weeks after our POE I was technically not a resident anymore. It is a pretty gray area but I didn't want to take any chances with anything. You would be best to find out the rules in Sweden specifically. There's no harm making a phone call or two to the agencies with the answers. If you can ask them "what if" questions without getting into any trouble that is.

Good luck!

[kiky 11]

I'm not exactly familiar with this process but I have been to sweden, and I've been reading a lot. But it sounds like she should come on a temporary visa, travel for leisure/vacation(not sure what its called, as a us citizen I didn't need a visa prior to arriving in sweden) and not activate her CR-1 then she won't lose any benefits until she is ready. Hope my non-official common sense helps! :-)

Also she can ask at her interview since its with the U.S. embassy!

[NikLR 13,227]

Because the CR1 is in the passport it's highly unlikely they'll let the foreign spouse visit using the VWP.

[Sara & Mark 2]

Yes

Here's the but.........

When she enters the US, the CR-1 will be activated; however, a standard entry stamp will be placed on the passport page next to the visa. This is the "endorsement" that allows the visa itself to act as a temporary green card until the actual card arrives in the mail (after the production fee is paid). The temporary green is valid for 1 year from date of endorsement; however, your wife should probably return before 6 months go by to avoid any problems.

Thank you for your reply.

It would appear that upon entry into the USA on her CR-1 visa, she is considered an immigrant, in turn the Swedish government would recognize this as leaving Sweden, and when she returns to Sweden two weeks later she would not be entitled to any of her social benefits.

[Sara & Mark 2]

She might be able to attempt entry on the VWP program, but shouldn't need to. Upon endorsement by CBP at PoE, her endorsed immigrant visa itself acts as temporary proof of a green card for a period of usually one year. She could enter the US, activate her LPR status, then turn around and leave the same day if she wished to tie up loose ends in Sweden. After her LPR status is activated, she should be fine to return to the US provide she stays outside for less than six months, and possibly up to a year.

I have come to find out that there are no provisions in the VWP that allow someone with a CR-1 visa to enter the USA with the intent of not immigrating.

We have already made plans to spend Christmas together in the USA, flights and hotels purchased months ago prior to receiving notification that her immigrant visa interview is now scheduled prior to her departure to the USA.

If she were to travel to the USA on her CR-1 visa, with the intent of returning to Sweden two weeks later, it is my understanding that the Swedish government would consider her ineligible for any of her social benefits (medical, dental, etc) because she is no longer considered a citizen.

If we want to spend Christmas together, it looks like we have no other option but to request a rescheduling of her interview date. Unless anyone knows of a loophole in the system that is.

[Boiler 45,486]

I doubt that her Citizenship is in question just because she has her US GC.

And I am sure that many people in Sweden obtain those benefits you mention without being a Swedish citizen.

From a UK perspective it is certainly possible to hold a GC and obtain those benefits. No idea what the Swedish rules are.

I doubt that her Citizenship is in question just because she has her US GC.

And I am sure that many people in Sweden obtain those benefits you mention without being a Swedish citizen.

From a UK perspective it is certainly possible to hold a GC and obtain those benefits. No idea what the Swedish rules are.

[NikLR 13,227]

I doubt that her Citizenship is in question just because she has her US GC.

And I am sure that many people in Sweden obtain those benefits you mention without being a Swedish citizen.

From a UK perspective it is certainly possible to hold a GC and obtain those benefits. No idea what the Swedish rules are.

I doubt that her Citizenship is in question just because she has her US GC.

And I am sure that many people in Sweden obtain those benefits you mention without being a Swedish citizen.

From a UK perspective it is certainly possible to hold a GC and obtain those benefits. No idea what the Swedish rules are.

In Canada you cannot obtain any benefits as you are not a resident of the country. I'm sure it's the same with most countries. It's a residency issue, not a citizenship issue. I bet the OP actually looked into the issue in Sweden and if you delved deep enough into the UK you may find the same thing.