Only Temp PR (I-551) visa stamp, need to go back to US on second visit but GC in USA !

[G_One 10]

Hi All,

I have a few questions, I have got my Immigrant Visa through F11 (also called FB1, Unmarried sons & Daughters of USC) category by my dad's petition and I am single as of now. I had received my I-551 PR visa stamp in Nov 2014, visited US in Dec/Jan break for about 9 days and returned in Jan first week.

Recently my relative informed that he had received my Green Card in the post. My plan is to get married in home country and return to US and then apply for my wife.

1) I want to carry Green Card when I travel back to US. Can I ask my relative to Courier the Green Card to my home country, means is that legal as per US laws to courier the GC to its owner if he lives abroad ?

2) I left US in Jan 2015, I believe I can come back before Nov 2015, since the I-551 serves as 1 year PR visa upon endorsement legally, or do I need to return back within 6 months from Jan 2015 (previous exit date from US) that is before the end of June 2015 ?

3) Lastly I can marry now at least right, since now I have been issued a GC, as I was in F11 (singles) category do I have to wait further or something ?

Thanks in advance

[aaron2020 11,651]

Google maintain legal permanent residency.

Time outside the U.S. Is only one factor. How have you been maintaining your ties to the U.S.?

[RICARDO4EVA2 194]

Hi All,

I have a few questions, I have got my Immigrant Visa through F11 (also called FB1, Unmarried sons & Daughters of USC) category by my dad's petition and I am single as of now. I had received my I-551 PR visa stamp in Nov 2014, visited US in Dec/Jan break for about 9 days and returned in Jan first week.

Recently my relative informed that he had received my Green Card in the post. My plan is to get married in home country and return to US and then apply for my wife.

1) I want to carry Green Card when I travel back to US. Can I ask my relative to Courier the Green Card to my home country, means is that legal as per US laws to courier the GC to its owner if he lives abroad ? it is not illegal

2) I left US in Jan 2015, I believe I can come back before Nov 2015, since the I-551 serves as 1 year PR visa upon endorsement legally, or do I need to return back within 6 months from Jan 2015 (previous exit date from US) that is before the end of June 2015 ? it is recommended to half extended stays outside the U.S. especially longer than a year (reentry permit). Even at 4..6 months away immigration border officers at certain ports gets picky.

3) Lastly I can marry now at least right, since now I have been issued a GC, as I was in F11 (singles) category do I have to wait further or something ? No , no waiting

Thanks in advance

[G_One 10]

Thanks @RICARDO4EVA2 for the response appreciate it..

Any other different opinions do reply people..

[Visa Grant 78]

Google maintain legal permanent residency.

Really...You stated that...... That is not true. There is no such thing as....US Govt does it...

[G_One 10]

Any other opinions please ?

Specially for the Courier of GC, and the 2nd point ?

Thanks

[yannix 24]

 

Any other opinions please ?

Specially for the Courier of GC, and the 2nd point ?

Thanks

I-551 is valid for a year. Think of it as a temporary GC and it's expiration date is 1 year from stamping. That doesn't imply you're allowed to stay outside the country for a year. The general accepted rule for a GC is no more than 180 days outside the country.

[Dave&Roza 748]

Hi All,

I have a few questions, I have got my Immigrant Visa through F11 (also called FB1, Unmarried sons & Daughters of USC) category by my dad's petition and I am single as of now. I had received my I-551 PR visa stamp in Nov 2014, visited US in Dec/Jan break for about 9 days and returned in Jan first week.

Recently my relative informed that he had received my Green Card in the post. My plan is to get married in home country and return to US and then apply for my wife.

1) I want to carry Green Card when I travel back to US. Can I ask my relative to Courier the Green Card to my home country, means is that legal as per US laws to courier the GC to its owner if he lives abroad ?

2) I left US in Jan 2015, I believe I can come back before Nov 2015, since the I-551 serves as 1 year PR visa upon endorsement legally, or do I need to return back within 6 months from Jan 2015 (previous exit date from US) that is before the end of June 2015 ?

3) Lastly I can marry now at least right, since now I have been issued a GC, as I was in F11 (singles) category do I have to wait further or something ?

Thanks in advance

The stamp is your GC as it is an I-551 document. It expires as dated in your passport. You will need the actual GC after the I-551 stamps expires. Do you want to risk it being lost in the mail or by the courier? That is more the issue because if the GC is lost you will have to file and pay to have it replaced. Why not just come back to the US and get your GC? That way you will not be out of the US for an extended period of time. It sounds like you received your GC and are not living in the US. You VISITED for 9 days. Now you want to be out of the US for another 11 months for a total time outside the US of 356 days and 9 days in the US. Are you really a LPR? What are you doing to maintain ties to the US? You have family. Do you have a residence in teh US? Are you claiming your family's home as a residence? Are you paying US income taxes? Are you getting a benefit only offered to residence of India--i.e. lower tuition, or other financial benefit? Have you registered for teh Selective Service if you are between the ages of 18 and 25?

You may have already lost your LPR status and your GC. That will be determined by the CBP person you encounter when you try to re-enter the US the next time. You may be given a summons to appear before a IJ where you will have to prove you have taken steps to maintain your LPR status. If you cannot do that to the satisfaction of the IJ you will be deported. So I would make certain you are still a LPR of the US before you think about petitioning for your wife to be.

Dave

[apple21 953]

Too risky to mail the GC. If the relative can hand deliver it to you much better.

You're putting your LPR status at risk as well because you only stayed a few days in the US (considering that's your first time entry as an immigrant).

Based on my hubby's experience, we wanted to get married soon too but he opted to wait for his GC then open a bank account and get a driver's license first before flying back to the Philippines. Just to be on the safe side although he was only abroad for 3 weeks.

Good luck though!

[G_One 10]

 

I-551 is valid for a year. Think of it as a temporary GC and it's expiration date is 1 year from stamping. That doesn't imply you're allowed to stay outside the country for a year. The general accepted rule for a GC is no more than 180 days outside the country.

@Yannix: 180 days from the date I left US, that is I left US in 2nd Jan 2015 or I-551 stamped date ?

Too risky to mail the GC. If the relative can hand deliver it to you much better.

You're putting your LPR status at risk as well because you only stayed a few days in the US (considering that's your first time entry as an immigrant).

Based on my hubby's experience, we wanted to get married soon too but he opted to wait for his GC then open a bank account and get a driver's license first before flying back to the Philippines. Just to be on the safe side although he was only abroad for 3 weeks.

Good luck though!

Thanks for the advice. I need to wrap up few things. Will have to see how I can shorten this trip.

The stamp is your GC as it is an I-551 document. It expires as dated in your passport. You will need the actual GC after the I-551 stamps expires. Do you want to risk it being lost in the mail or by the courier? That is more the issue because if the GC is lost you will have to file and pay to have it replaced. Why not just come back to the US and get your GC? That way you will not be out of the US for an extended period of time. It sounds like you received your GC and are not living in the US. You VISITED for 9 days. Now you want to be out of the US for another 11 months for a total time outside the US of 356 days and 9 days in the US. Are you really a LPR? What are you doing to maintain ties to the US? You have family. Do you have a residence in teh US? Are you claiming your family's home as a residence? Are you paying US income taxes? Are you getting a benefit only offered to residence of India--i.e. lower tuition, or other financial benefit? Have you registered for teh Selective Service if you are between the ages of 18 and 25?

You may have already lost your LPR status and your GC. That will be determined by the CBP person you encounter when you try to re-enter the US the next time. You may be given a summons to appear before a IJ where you will have to prove you have taken steps to maintain your LPR status. If you cannot do that to the satisfaction of the IJ you will be deported. So I would make certain you are still a LPR of the US before you think about petitioning for your wife to be.

Dave

Thanks for the reply.

However Dave, you are assuming that I am living abroad since many months, please check my dates in the topic. I have left US by 2nd Jan 2015 and My Plan is return back to US in June end 2015 and get a job and start working their, so I want to check out the law regarding the extended stays outside US ?

Edited February 24, 2015 by G_One

[yannix 24]

 

@Yannix: 180 days from the date I left US, that is I left US in 2nd Jan 2015 or I-551 stamped date ?

You can't be out of the country for more than 180 days per year. As to how it's calculated(calendar year or cumulative days), I don't know. It's not a hard rule either. It's still up to the CBP officer processing you when you come back.

[aaron2020 11,651]

 

You can't be out of the country for more than 180 days per year. As to how it's calculated(calendar year or cumulative days), I don't know. It's not a hard rule either. It's still up to the CBP officer processing you when you come back.

There is no law that prohibits an LPR for being out of the country for more than 180 days. It is a basis to presume a person has abandoned his/her LPR status. It's an assumption that can be rebutted with facts that the LPR has maintained ties to the US.

Being outside the U.S. is only one factor in determining whether a person has abandoned his/her LPR status.

While being outside the U.S. for long periods of time is not a good idea, there is no law that prohibits an LPR from being outside the U.S. for more than 180 days.

[hari29 24]

Hi All,

I have a few questions, I have got my Immigrant Visa through F11 (also called FB1, Unmarried sons & Daughters of USC) category by my dad's petition and I am single as of now. I had received my I-551 PR visa stamp in Nov 2014, visited US in Dec/Jan break for about 9 days and returned in Jan first week.

Recently my relative informed that he had received my Green Card in the post. My plan is to get married in home country and return to US and then apply for my wife.

1) I want to carry Green Card when I travel back to US. Can I ask my relative to Courier the Green Card to my home country, means is that legal as per US laws to courier the GC to its owner if he lives abroad ?

2) I left US in Jan 2015, I believe I can come back before Nov 2015, since the I-551 serves as 1 year PR visa upon endorsement legally, or do I need to return back within 6 months from Jan 2015 (previous exit date from US) that is before the end of June 2015 ?

3) Lastly I can marry now at least right, since now I have been issued a GC, as I was in F11 (singles) category do I have to wait further or something ?

Thanks in advance

Ok let me see if I can answer your questions.

1) You can courier your GC to you to India. But make sure it is one of the safest courier. If they lose your GC, then you have to apply for a replacement one which will take three to four months to receive. You can also come back any time on your temporary stamp as long as it is valid.

2) You need to be physically present in USA for atleast 6 months a year to maintain your residency. If not you risk losing your residency. At the port of entry (airport), officer can deny your enrty or refer you to a judge if you are away from USA for much longer than 6 months. There is a lot you can do to maintain your residency ie show that you own a house in USA, you are employed, have bank accounts, Car etc etc.

3) If you absolutely have to stay away from USA for more than six months, you must apply for a re-entry permit which will allow you to stay outside for upto two years without losing your residency. Please google retain green card.

4) You can marry and apply for your wife on F2A visa. Keep in mind it takes two years in current situation with immigration before she gets her visa. You guys will be apart most of the time during those two years.

Hope this helps

Edited February 24, 2015 by hari29

[Manent modest 5]

From my expérience i Know that every case Is différent, my Husband LPR without I 551 form stayed one year outside USA and went back of course the officier asked him what happened he just explained.

I admit it depend on who you fell some understand yours circumstances.

Just to say doesn t matter what peoples said that your Luck .

At least you filled that form I 551 so you should be fine.. Don t worry and best luck!

[yannix 24]

 

There is no law that prohibits an LPR for being out of the country for more than 180 days. It is a basis to presume a person has abandoned his/her LPR status. It's an assumption that can be rebutted with facts that the LPR has maintained ties to the US.

Being outside the U.S. is only one factor in determining whether a person has abandoned his/her LPR status.

While being outside the U.S. for long periods of time is not a good idea, there is no law that prohibits an LPR from being outside the U.S. for more than 180 days.

The 180 days suggestion was to avoid raising any flags at all. E.g. If you want to have your nose perfectly clean, don't stay over 180 days.