Have IR-1, but want to go to US as a visitor for now. Can I do this?

[Mel&John 0]

Hi there,

I just received an IR-1 Visa in my passport.

Before I use the Visa I want to wind up my business in Canada and complete the sale of my house in Canada. While I'm waiting for the closing dates I'd like to visit the family in the US. Will they let me enter the US as a visitor for now, and activate the Visa on a later trip across the border? Where can I find this in writing?

Thanks

[Hypnos 6,576]

You can enter on an immigrant visa and leave the same day if you wish.

Your endorsed immigrant visa will serve as temporary proof of a green card for up to one year, and you can enter and leave the US on that.

[christeen 966]

Yes, with the IR1 visa you can come and go... So yes, your plan will work...

[Mel&John 0]

No, you don't understand my question.

I don't want to enter as an IMMIGRANT, I want to enter as a VISITOR this time. The instant I exercise my immigrant VISA I change my US tax status and it complicates my life. I want to wrap up business in Canada before I become a US person.

May I enter as a VISITOR, even though I have an unexercised Immigrant Visa in my passport?

[pushbrk 12,883]

No, you don't understand my question.

I don't want to enter as an IMMIGRANT, I want to enter as a VISITOR this time. The instant I exercise my immigrant VISA I change my US tax status and it complicates my life. I want to wrap up business in Canada before I become a US person.

May I enter as a VISITOR, even though I have an unexercised Immigrant Visa in my passport?

You could ask at the border, but be prepared for the answer being no. Entry is always a judgment call done in the moment. I'm not aware of any specific regulation prohibiting what you desire to do but that doesn't mean much.

Unless you'll be leaving the USA for more than six months when you go back to wind up your business, however, there is no actual need to avoid using the immigrant visa. That's what others were trying to tell you.

WHY, is this important to you? What's behind your preference to delay the use of the visa?

[christeen 966]

I wpuld say probably not... If you have a valid immigrant visa in the passport, that supercedes VWP or tourist visas... They wold most likely activate it... I don't think this plan will work.

[NikLR 13,227]

Most likely no.

[jan22 3,056]

It's a little late to say this now, but you could have delayed your visa interview appointment if you weren't ready to immigrate. An immigration officer will, very likely, view the recent application as an indication that you have immigrant intent (since that's what the visa says) and deny you entry.

[pushbrk 12,883]

It's a little late to say this now, but you could have delayed your visa interview appointment if you weren't ready to immigrate. An immigration officer will, very likely, view the recent application as an indication that you have immigrant intent (since that's what the visa says) and deny you entry.

Well, yes, or require that the immigrant visa be used to enter. That would require turning over the sealed envelope. If it's not with you to turn over, you could be denied entry until you bring it.

[jan22 3,056]

Well, yes, or require that the immigrant visa be used to enter. That would require turning over the sealed envelope. If it's not with you to turn over, you could be denied entry until you bring it.

Thanks for clarifying what I should have said -- I was addressing only the part of trying to enter as a visitort. pushbrk is -- of course -- right, the denial of entry for being an intending immigrant would not apply if you used the immigrant visa.