CR1 Visa Inquiry

[MCGCB 3]

I have applied for CR1 Visa (married for 3mos). My interview is on April 2014 and we are planning to go to the US on July 2014. But I need to come back to the Philippines on Aug to start preparing for my church wedding which is on Jan2015. Will I be allowed to leave the US right away? Or do I have to stay there first for months/years?

[MCGCB 3]

Sorry, I think I posted this inquiry in a wrong folder. I dont know how to transfer this. Sorry...

[Lakehouse 293]

One thing you might want to wait for is your green card, and I personally don't recall from other forums how long that will take once you enter the US.

The other thing was just posted in another forum, see the following which may require that you aren't out of the US for more than 6 months:

You may lose your permanent resident status (green card) if you commit an act that makes you removable from the United States or abandon your permanent resident status. A lawful permanent resident (LPR) normally may travel outside the United States and return; however, there are some limitations.

If you remain away from the United States for:

• 180 days to one year, you will be required to apply for a new “admission” at the time of your arrival at a United States port of entry.
• One year or longer, your legal permanent resident card will become invalid for travel to the United States and you will need to apply for a returning resident visa in order to resume your U.S. residence.

If you plan to remain outside the U.S. for one year or more, you should apply for a re-entry permit before you leave the United States. U.S. Citizenship and Immigration Services (USCIS) have sole responsibility for adjudicating I-131 re-entry permit applications. Applications cannot be lodged at U.S. Consulates or Embassies overseas.

Please note that your U.S. permanent residence may be considered as abandoned for absences shorter than one year if you take up residence in another country. U.S. Customs and Border Patrol (CBP) has sole responsibility for determining an alien’s eligibility for admission to the U.S. as a permanent resident.

Please refer to the USCIS website for further information on residency requirements.

[dhavalskyhawk 12]

I have applied for CR1 Visa (married for 3mos). My interview is on April 2014 and we are planning to go to the US on July 2014. But I need to come back to the Philippines on Aug to start preparing for my church wedding which is on Jan2015. Will I be allowed to leave the US right away? Or do I have to stay there first for months/years?

Yes of course you can leave for specific period of time, but you need to apply for PAROL. I am not sure how to that you need to find out by calling USCIS or any other concerned government body. Also when you receive your visa it is valid for 6 months so you can utilize that 6 months and can fly later to US.

[NikLR 13,227]

you don't have to wait for the actual green card just know that your temporary green card (the visa plus endorsement stamp) is only valid for 1 year. you must spend more time in the USA than out of it.

[elmcitymaven 9,712]

Yes of course you can leave for specific period of time, but you need to apply for PAROL. I am not sure how to that you need to find out by calling USCIS or any other concerned government body. Also when you receive your visa it is valid for 6 months so you can utilize that 6 months and can fly later to US.

This is incorrect for a CR1 visa. CR1/IR1 visa holders may leave the US immediately upon entering the US and having the visa validated. The endorsed I-551 acts as a temporary green card until the physical card arrives.

The answer to the OP's question is yes, you may leave in August after entering in July.

[MCGCB 3]

One thing you might want to wait for is your green card, and I personally don't recall from other forums how long that will take once you enter the US.

The other thing was just posted in another forum, see the following which may require that you aren't out of the US for more than 6 months:

You may lose your permanent resident status (green card) if you commit an act that makes you removable from the United States or abandon your permanent resident status. A lawful permanent resident (LPR) normally may travel outside the United States and return; however, there are some limitations.

If you remain away from the United States for:

• 180 days to one year, you will be required to apply for a new admission at the time of your arrival at a United States port of entry.
• One year or longer, your legal permanent resident card will become invalid for travel to the United States and you will need to apply for a returning resident visa in order to resume your U.S. residence.

If you plan to remain outside the U.S. for one year or more, you should apply for a re-entry permit before you leave the United States. U.S. Citizenship and Immigration Services (USCIS) have sole responsibility for adjudicating I-131 re-entry permit applications. Applications cannot be lodged at U.S. Consulates or Embassies overseas.

Please note that your U.S. permanent residence may be considered as abandoned for absences shorter than one year if you take up residence in another country. U.S. Customs and Border Patrol (CBP) has sole responsibility for determining an aliens eligibility for admission to the U.S. as a permanent resident.

Please refer to the USCIS website for further information on residency requirements.

Thanks you for this! Very informative.

[MCGCB 3]

you don't have to wait for the actual green card just know that your temporary green card (the visa plus endorsement stamp) is only valid for 1 year. you must spend more time in the USA than out of it.

Ok. Thanks! So I can go back to Philippines right away. Thats great to know! After my wedding Im absolutely gonna spend most of my time in the US.

[MCGCB 3]

Thank you! This is very informative. Im so glad to know that I can come back to Phil right away to prepare for my wedding.

I asked this because I was told by the immigrant visa section that if I get a VISA I must immigrate within 6 months from date of issuance. That means I have to go there before my wedding.

[MCGCB 3]

This is incorrect for a CR1 visa. CR1/IR1 visa holders may leave the US immediately upon entering the US and having the visa validated. The endorsed I-551 acts as a temporary green card until the physical card arrives.

The answer to the OP's question is yes, you may leave in August after entering in July.

If I may have an additional question. How long a time am I allowed to be outside the UNited States. Is Aug to Jan allowed? Or is that too long?

This is incorrect for a CR1 visa. CR1/IR1 visa holders may leave the US immediately upon entering the US and having the visa validated. The endorsed I-551 acts as a temporary green card until the physical card arrives.

The answer to the OP's question is yes, you may leave in August after entering in July.

If I may have an additional question. How long a time am I allowed to be outside the UNited States. Is Aug to Jan allowed? Or is that too long?

[Ryan H 3,812]

Moved from IR-1/CR-1 Process & Procedures to Working & Traveling During US Immigration forum. Duplicate threads merged.

Edited March 2, 2014 by Ryan H

[NikLR 13,227]

If I may have an additional question. How long a time am I allowed to be outside the UNited States. Is Aug to Jan allowed? Or is that too long?

Likely you're pushing it. That's almost half the year out of the USA, which is pushing it, but still within the year of your temporary green card endorsement.

I can tell you from personal experience that you can plan a wedding without physically being in the place it will happen. Going back in Sept or Oct would be a better plan IMO but it's up to you.

[christeen 966]

I would not push the 6 months so immediately after entering the USA... Not by law, but by appearances, I would say wait till September or October if possible... Just IMO

[mhelztouffy 7]

You may post your question here. http://www.visajourney.com/forums/topic/483206-nvc-filers-march-2014/page-13#entry6854871

My interview is on April 4, what about you?

[MCGCB 3]

Likely you're pushing it. That's almost half the year out of the USA, which is pushing it, but still within the year of your temporary green card endorsement.

I can tell you from personal experience that you can plan a wedding without physically being in the place it will happen. Going back in Sept or Oct would be a better plan IMO but it's up to you.

Ok, thanks for the advise! I'll talk to my husband about coming back to the Philippines on a later date to avoid possible problems.

I would not push the 6 months so immediately after entering the USA... Not by law, but by appearances, I would say wait till September or October if possible... Just IMO

Thanks for this! That do you mean "not by law"? Whats the existing law about this? I tried to google it, but I couldnt find the answers.