Questions after entering on IR1 visa

[lirpa11 16]

Hi

My husband was approved for the IR1 visa on April 21. He will enter the USA on June 2.

We don't have plans to travel out of the USA, but are there any rules if we need to travel overseas? As in, does he need a return visa/permit, do we let immigration know? Or can he just enter and leave freely?

Also, I know he has 3 years as a resident until he is able to apply for citizenship. When can we apply? 3 years from the visa approval date, or 3 years from when he arrives?

Thanks

[aaron2020 11,651]

Hi

My husband was approved for the IR1 visa on April 21. He will enter the USA on June 2.

We don't have plans to travel out of the USA, but are there any rules if we need to travel overseas? As in, does he need a return visa/permit, do we let immigration know? Or can he just enter and leave freely?

Also, I know he has 3 years as a resident until he is able to apply for citizenship. When can we apply? 3 years from the visa approval date, or 3 years from when he arrives?

Thanks

Hi,

He can travel overseas using his foreign passport. For brief trips outside the US, he will use his green card to reenter the US. He does not need to notify US immigration about his trips. He is free to leave anytime. Entering the US requires maintaining his green card. (Google "maintaining permanent residency"). If he intends to be outside the US for more than 6 months, he should get a Re-Entry Permit to maintain his green card status. Short trips are not a problem.

He can apply for US citizenship when he meets these general conditions (the 3 years means the 3 years preceding applying for US citizenship);

1. Have a green card for the last 3 years. (He gets it when he arrives. The visa approval date is not relevalant.); and

2. Been married to a US citizen for the last 3 years.; and

3. Been living with the US citizen spouse for the last 3 years; and

4. Been physically present in the US for at least half of the time in those 3 years.

5. Reside in the US for the last 3 years without a physical absence of more than 6 months.

Best of luck

Edited May 25, 2015 by aaron2020

[Sukie 1,460]

Just to clarify a little. The three years starts from the date of POE. So, for your husband, the 3 years starts from June 2nd.

[NikLR 13,227]

Just a note, he should keep track of any trips outside the USA that are 24 hours or longer. The N-400 asks about this.