Entering and leaving the US after CR1 visa is approved

[Jon and Fangfang 5]

Hello,

I may be making some bad assumptions based on some of the other posts I have been reading. I am in the process of applying for a CR1 visa for my wife. I move back and forth between the US and China for months at a time, I have a residency permit in China, but still own a house in the US. I will be heading to China at the start of the year, and likely stay for all but a few weeks until July. Right now I was planning for that to be my wife's first trip to the US, assuming the visa is completed, if it isn't then obviously she won't come to the US. Here is my question, when I come in July it will probably only be for between 2-4 weeks. What I have been reading is that the green card gets mailed after she signs in at POE, and that it can take 1-4 months to arrive. Can she leave the US and go back to China or does she have to wait for her GC to be mailed to her before she can leave. I will do nothing to jeopardize our long term plans just for a few weeks of visiting the US. Hope I am being clear.

1. How long does my wife need to stay on the first entry using CR1 visa?

2. I understand that she can not leave the US for more than 6 months after first entry to US on CR1 visa. Is that true?

Thanks,

Jon

[teeak 224]

She doesn't need the actual green card to travel after her first POE.

On the visa foil, it will say that upon endorsement (after first entering the US), the visa foil acts as a temporary I-551 (GC) for 1 year.

She can leave the US right away if she'd like after entering however, it is advised that she doesn't stay out longer than 6 months because upon return, border officials will most likely question her thoroughly about her residency. -- This is applicable to any trip as a GC holder, not just your first.

If she stays longer than 1 year out of the US, then her GC will be considered abandoned.

[Andrea&Henry 311]

she needs to stay at least enough to get her green card and ssn on the mail. And the second question, basically that rule applies for any permanent resident regardless of how they get it. If she is a resident permanent (or will be) of the United States is because she lives here. Living for more than year outside the US can bring her some issues (I even know a case where the person lost his residency) and of course everytime she spends more than a specific time outside the US, her "time" to apply for citizenship restart all over again

[Jon and Fangfang 5]

Thanks for the quick responses. Seems like you both agree on the second question, but have different thoughts on the first.

[teeak 224]

Here's a relevant thread: http://www.visajourney.com/forums/topic/456866-leaving-without-physical-green-card/

As I stated, your wife will be entering on an immigrant visa and almost always the visa foil will say: "Upon endorsement, serves as a temporary I-551 for 1 year" -- meaning that it is technically a green card for up 1 to year

[Penguin_ie 5,994]

she needs to stay at least enough to get her green card and ssn on the mail.

No she doesn't, the stamp in her passport acts as a temporary greencard, and the SSN doesn;t matter until she wants to do stuff (work etc) in the USA.

[lost_at_sea 995]

+1 to Penguin. With an endorsed visa (i.e. temp green card), she can turn around at the airport and leave right away again if she wanted to.

SSN has nothing to do with travel.

In regards to Q2, you're correct. To maintain her permanent resident status she needs to be in the USA more than she's out of it.

Edited December 15, 2015 by lost_at_sea

[Jon and Fangfang 5]

Great, thanks! Right now I plan on coming back in July for 3 weeks or so, then we would go back to China for probably 4 months before returning to the US permanently. I am assuming her being in the US more than China is based on a year from her first entry date, not a calendar year.

So, my only fear is that the term "almost always" is used on getting the temporary I-551 for a year. If she didn't get that, then it would leave her living in the US while I traveled back to China for 3-4 months. lol

[lost_at_sea 995]

So, my only fear is that the term "almost always" is used on getting the temporary I-551 for a year. If she didn't get that, then it would leave her living in the US while I traveled back to China for 3-4 months. lol

There's no real reason why that wouldn't happen, particularly because you're expecting it and will know to double check with the border agent that everything is in order.

[Darnell 8,478]

1. after she exits the immigration control point and has bags in her hand from the customs inspection,

she can get on a plane going back to china the same day. Why? She was admitted on a CR-1 visa, so the poe stamp plus the visa foil turns her passport into a I-551 document, a green card with 1 year duration. 1 year from POE date. She doesn't have to wait on anything; really she can turn around same day. As long as the ELIS fee is paid, she'll get a green card sent to the address you listed in the DS-260. Some people chase a SSN as well, but usually a spousal visa holder won't show up in the SAVE database immediately, but are findable 2 to 3 weeks after POE date.

2. 6 months without additional paperwork, 1 year with additional paperwork filed and the document in her hand before she leaves the USA.

-----

Since you haven't filed yet, look into the DCF filed-I-130 into Guangzhou or BeiJing USCIS office. It'll shave some time, and I think you qualify since you have a residency permit.

Edited December 16, 2015 by Darnell

[Ryan H 3,812]

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

[Jon and Fangfang 5]

I filed on November 20. I am using Rapidvisa to help me with this, that was before I knew about this website, and they told me doing the DCF would delay the process 2-3 months. So I just did it the normal way.

Thanks for the detailed answers. I am feeling comfortable with my plans now!

Jon

[JRF 117]

I filed on November 20. I am using Rapidvisa to help me with this, that was before I knew about this website, and they told me doing the DCF would delay the process 2-3 months. So I just did it the normal way.

Thanks for the detailed answers. I am feeling comfortable with my plans now!

Jon

Are you confident you'll be able to prove residency in the US as the USC? I know you own a house here, and this is probably a "nit", but thought I'd ask nevertheless.

[Tracy-->NY 40]

I left the US after three weeks in September 2015 without my green card arriving and still have to apply for SSN. My mum received the green cards in October and brought them for me, will apply for my SSN when I move permanently in March 2016. The stamp in the passport is valid for one year after first entry.

[Jon and Fangfang 5]

@JRF I guess I am not sure! I asked Rapidvisa that exact question, because I was in China for 8 months total in 2015. They told me that my "residence" is still USA and it was best to do it this way, but I am sure they say that because they want my business. I own a house, I get mail in the US, my salary is still from my company in the US. I guess I will just have to answer any questions they have and hope for the best!

Jon