After Visa Stamp in Passport

[lindseyUKUSA 0]

Hi,

My husband and I have applied for a K1 family visa for him, I am American/British and he is British. I have been living in the UK with him for 7 years and have gone through the whole thing on the British side to become a Dual passport holder.

Now I am saying its time to move out of England and back to America. We have completed all steps and are now waiting for his passport back with the visa entry stamp of approval.

We need to enter the UK by end of July due to his medical running out of time. We will not be officially ready to move to the states until end of Aug/early Sept. It is just our luck that July is an extremely expensive time to fly and especially from Europe to America. Would it be possible for him to enter the US with me not presently in the country or entering with him? will the border agent give him issues? we are thinking of just flying him to New York for a weekend to activate his Green Card. He does not want to move to the US without a job so we need to get his Green Card so we can start applying for jobs. My resident I put down on the form is in California. Will the boarder agent be funny if they see him entering NYC without a onward travel ticket on to California? and will they be funny if I am still in the UK when he enters for the weekend? What type of questions do they ask you when you first enter the US on this Visa and what is the process?

Thank you

[BigDaddy28 228]

Do you mean IR1 visa? He shouldn't be eligible for a k1 if he is already married to you. If IR1 is what ge got yes he can go for the weekend the officer in the airport will give him a temporary green card stamp on his paper that is valid for 1 year. If he doesnt have IR1 AND you are married already you should fix the situation first with the embassy.

[lindseyUKUSA 0]

Do you mean IR1 visa? He shouldn't be eligible for a k1 if he is already married to you. If IR1 is what ge got yes he can go for the weekend the officer in the airport will give him a temporary green card stamp on his paper that is valid for 1 year. If he doesnt have IR1 AND you are married already you should fix the situation first with the embassy.

yes sorry I meant IR1... so he can go for the weekend without me in the USA as I will have to stay back in the UK due to my work schedule and the cost of flights in July.

[Frips 166]

As I know you should already be in US or be with him at the POE.

[Lemonslice 4,947]

No need for the physical green card to be able to work.

[lindseyUKUSA 0]

No need for the physical green card to be able to work.

You can start looking for work with only the visa sticker in your passport and no physical green card yet?

Won't they want to know your green card info and SSN when accepting a job offer though?

Some recruiters I believe, will not even help you search for jobs without photographic evidence and proof of holding a Green Card. My husband looked two years ago and they wouldn't even hold a conversation with him without proof he had rights to work in America.

What happens if we do not enter the US before the medical runs out? can we extend our deadline time at all? Flights to America are double the price in July and June we can not go due to prior plans.

[Lemonslice 4,947]

Look at the legal requirements listed in form i9. Not the visa sticker, the i551 (?) stamp.

Also, proof of having applied for SSN is sufficient. On the phone, so I'll let you google it.

Recruiters and employers are known to make up rules allll the time (and discriminate applicants while doing so).

Edited May 15, 2015 by Boston~Montreal

[Lemonslice 4,947]

As I know you should already be in US or be with him at the POE.

That's also what I remember reading.

[Nich-Nick 3,354]

Hi,

My husband and I have applied for a K1 family visa for him, I am American/British and he is British. I have been living in the UK with him for 7 years and have gone through the whole thing on the British side to become a Dual passport holder.

Now I am saying its time to move out of England and back to America. We have completed all steps and are now waiting for his passport back with the visa entry stamp of approval.

We need to enter the UK by end of July due to his medical running out of time. We will not be officially ready to move to the states until end of Aug/early Sept. It is just our luck that July is an extremely expensive time to fly and especially from Europe to America. Would it be possible for him to enter the US with me not presently in the country or entering with him? will the border agent give him issues? we are thinking of just flying him to New York for a weekend to activate his Green Card. He does not want to move to the US without a job so we need to get his Green Card so we can start applying for jobs. My resident I put down on the form is in California. Will the boarder agent be funny if they see him entering NYC without a onward travel ticket on to California? and will they be funny if I am still in the UK when he enters for the weekend? What type of questions do they ask you when you first enter the US on this Visa and what is the process?

Thank you

Answer by US Embassy-London: http://london.usembassy.gov/iv/ivfaqs_affidavit/domicile.html#003

As the sponsor, will I have to travel to the United States ahead of my relative to establish residence?

No, it will not be necessary for you to travel to the United States ahead of your spouse/children. However, you will be required to furnish evidence confirming the steps taken to re-establish your residence in the United States, e.g., a letter of employment, rental agreement, purchase of property, a letter from an estate agent in the United Kingdom showing the valuation of your property. Note: Your relative may not enter the United States to take up residence prior to your return to the United States. He or she may travel with you, or follow to join you at a later date.

I-864 Instructions, page 4, concerning domicile which is required as the sponsor.

3. You intend in good faith to reestablish your domicile in the United States no later than the date of the intending immigrant's admission or adjustment of status.

You must submit proof that you have taken concrete steps to establish that you will be domiciled in the United States at a time no later than the date of the intending immigrant's admission or adjustment of status. Concrete steps might include accepting a job in the United States, signing a lease or purchasing a residence in the United States, or registering children in U.S. schools. Please attach proof of the steps you have taken to establish domicile as described above.

[NikLR 13,231]

~~moved to DCF from K3 process and procedures~~