Do we have to move to America once IR-1 process is finished?

[ryanwmarks 1]

We are currently waiting for NOA2 and thinking about our future, where to live, etc.

I know this is a bit of an odd question, but in thinking about our careers, we began to wonder about our options.

Assuming our IR-1 process is complete and we get her visa approved, can we still stay abroad?

For example, let's say the IR-1 gets approved, we go back to America just for a week or two vacation, get the stamp in her passport, and then decide to come back to Japan while waiting for the green card to be sent to my parents' house.

Can we still get her green card while living abroad? Will that look shady? Is it legal?

We want to have the option of living in America OR Japan, and aren't ready to quit our jobs in Japan just yet...

Please help if possible.

Thanks,

-Ryan

[aratamorne 165]

So if you do not wish to live in the US, why would you apply for the IR-1? The entire reason to apply for a Spousal VISA is to immigrate to the US, not live in Japan. You are allowed to travel on a GC, but primary residence must be in the US, otherwise her card will be cancelled and you will just have to go through the entire process again.

Good Luck

[ryanwmarks 1]

Well, I'm not really sure if your somewhat bitter attitude was warranted in your reply, but as I mentioned, it has to do with both of our careers. We both eventually want to live in America, but may not be ready to quit our jobs and move back within 9 or 10 months.

You also didn't answer my question. If we get her passport stamped and then come back to Japan before the physical green card is issued, will there be any major problems when we leave/re-enter America?

Thank you and please drop the attitude if possible.

So if you do not wish to live in the US, why would you apply for the IR-1? The entire reason to apply for a Spousal VISA is to immigrate to the US, not live in Japan. You are allowed to travel on a GC, but primary residence must be in the US, otherwise her card will be cancelled and you will just have to go through the entire process again.

Good Luck

[Lenhey 5]

We have applied for a CR1 visa so it might not be the same but when I get my visa I have to move within 6 months. With the cr1 I have a 2 year conditional green card and can´t leave the US during these two years unless I have a valid reason for it and in that case file the paperwork needed. You can look at it as a trial period. After 2 years we will apply for the next step where we both go to interviews. Like I said, I don´t know if the same applies to your case but if it does then you have to stay in the US for a longer time before you can start moving back and forward between the counties.

[A'n'L 735]

Hi,

Yes, as a CR1/IR1 visa holder you are free to travel in and out of the US using first the endorsed visa/temp green card in your passport and later your physical green card. (You do not need any reason for travel)

However, the point of obtaining such a visa and the green card is to have your primary residence within the US. If you stay outside the US for too long (typically more than a year, or travel outside the US more than you are inside the US during a longer period), you are no longer considered a US resident and your green card will be revoked.

You have two options, should you decide you need to leave the US. A) Stay in the US long enough to obtain a re-entry permit. This would allow you to return within a two year time frame (so, only an option if you only plan to stay out for that long or shorter). B) Surrender your green card and re-apply for a visa when the time comes that you are ready to move to the US.

[JFH 12,190]

It's the same situation regardless of whether you have a CR-1 or IR-1. The visa is to enter the USA and become a permanent resident. One of the major conditions is that you reside in the USA. If you are not ready to move to the USA yet, this is not the visa for you. You might want to withdraw completely or put the processs on hold if you are not moving for some time.

After the visa is issued, it is possible to enter the US to get the endorsement in your passport and theoretically you can leave again on the very next flight. However, in order to be a resident you need to be in the country more than out. So you must return at some point in the near future. It's possible to enter with the visa, return home to tidy up any loose ends but then your main residency must be the USA or your green card will be cancelled as it will be considered abandoned.

Th first person who replied was correct with their rely. Try to be appreciative of people who give their free time here to answer questions completely altruistically. I think you might have misread something because I didn't detect ant "attitude" in her/his reply. Instead of criticising that they didn't answer one of your questions, how about thanking them for taking the time to answer the ones that they did? It's a natural reaction to wonder why someone would go through this awful immigration visa process and pay close to $1500 in fees and medicals if they are not wanting to immigrate.

[jlc201 47]

We both eventually want to live in America, but may not be ready to quit our jobs and move back within 9 or 10 months.

You also didn't answer my question. If we get her passport stamped and then come back to Japan before the physical green card is issued, will there be any major problems when we leave/re-enter America?

There are two important rules you will have to follow: 1) Once the CR1 is issued, your spouse will need to enter the US prior to the expiration date of the visa (depends on a number of factors, but usually within 6 months); 2) Once they enter the US and establish their residency, they are free to leave/travel/whatever (even on a conditional 2-year green card, there are no restrictions on travel other than the following), BUT they must maintain their primary residence in the US, which means being present in the US at least 6 months out of the year. After establishing residency in the US, you can immediately leave and return to Japan, but if you plan to stay there for more than 6 months, you will need to apply for permission or you risk cancellation of the green card. (Same goes if you plan on returning to Japan for 6 months, coming back to the US for a week or two, then returning to Japan for another 6 months--not acceptable. To keep the green card, you need to be living in the US for the majority of the calendar year.) If you decide that you don't want to move to the US yet and want to stay in Japan for more than a 6 month period, I would suggest putting your application on hold prior to issuance of the CR1 and then waiting until you are ready to move to complete the process.

Edited July 10, 2016 by Ryan H
Reason for edit: to remove double post.

[Bzegurl 41]

We have applied for a CR1 visa so it might not be the same but when I get my visa I have to move within 6 months. With the cr1 I have a 2 year conditional green card and can´t leave the US during these two years unless I have a valid reason for it and in that case file the paperwork needed. You can look at it as a trial period. After 2 years we will apply for the next step where we both go to interviews. Like I said, I don´t know if the same applies to your case but if it does then you have to stay in the US for a longer time before you can start moving back and forward between the counties.

Where are you getting or reading your information from. A CR1 and IR1 are the same with the condition of 2 years instead of 10. That's the only difference. After two years you can apply for your 10 years green card. You can travel with your CR1 after entering the US.

[A'n'L 735]

We have applied for a CR1 visa so it might not be the same but when I get my visa I have to move within 6 months. With the cr1 I have a 2 year conditional green card and can´t leave the US during these two years unless I have a valid reason for it and in that case file the paperwork needed. You can look at it as a trial period. After 2 years we will apply for the next step where we both go to interviews. Like I said, I don´t know if the same applies to your case but if it does then you have to stay in the US for a longer time before you can start moving back and forward between the counties.

The only difference between a 2-year and a 10-year green card is that you have to apply to remove conditions on the former after two years. Other than that you have the same rights and restrictions, you are a legal permanent resident of the US in either case. You also do not need a "good reason" or to obtain permission to travel outside the US with either of those, only if you plan to stay out for more than a year.

The only way to change your status and be guaranteed re-entry to the US is to obtain citizenship.

[ryanwmarks 1]

Thank you for your replies!

How does one go about putting their IR-1 visa process on hold?

Thank you.

[Lenhey 5]

Where are you getting or reading your information from. A CR1 and IR1 are the same with the condition of 2 years instead of 10. That's the only difference. After two years you can apply for your 10 years green card. You can travel with your CR1 after entering the US.

The only difference between a 2-year and a 10-year green card is that you have to apply to remove conditions on the former after two years. Other than that you have the same rights and restrictions, you are a legal permanent resident of the US in either case. You also do not need a "good reason" or to obtain permission to travel outside the US with either of those, only if you plan to stay out for more than a year.

The only way to change your status and be guaranteed re-entry to the US is to obtain citizenship.

I´m sorry, I´ve must have misunderstood what I´ve read before. Thank you for correcting me and letting me know how it really works

Edited July 9, 2016 by Lenhey

[Penguin_ie 5,994]

How does one go about putting their IR-1 visa process on hold?

You simply do not send back the next set of paperwork. Be sure to keep in touch with NVC at least once a year.

[gregcrs2 1,778]

You say you may not be ready to move within 9 or 10 months because of career. Would you be ready in 18+ months? If yes, why not just continue with the process. It's my understanding that the process will normally take about one year (give or take 1 or 2 months). There are many ways to slow down the process such as taking your time paying fees and providing documents during NVC stage, or getting an RFE, or rescheduling an interview. Plus you have X amount of months to leave Japan once the visa is approved after the interview. So you are realistically looking much longer period of time. Just thinking outside the box since you are already in the process and seem to want to move to the USA but are not quite ready due to career.

[aratamorne 165]

Well, I'm not really sure if your somewhat bitter attitude was warranted in your reply, but as I mentioned, it has to do with both of our careers. We both eventually want to live in America, but may not be ready to quit our jobs and move back within 9 or 10 months.

You also didn't answer my question. If we get her passport stamped and then come back to Japan before the physical green card is issued, will there be any major problems when we leave/re-enter America?

Thank you and please drop the attitude if possible.

No bitterness intended, I was curious why you applied for an immigration VISA when your spouse did not yet wish to immigrate. Japan is a member of the VWP so you and your spouse can travel to visit the US whenever you wish for short trips of up to 90 days with no VISA required. Once you are ready to immigrate, you would then apply for the IR-1.

[Cathi 5,757]

We have applied for a CR1 visa so it might not be the same but when I get my visa I have to move within 6 months. With the cr1 I have a 2 year conditional green card and can´t leave the US during these two years unless I have a valid reason for it and in that case file the paperwork needed. You can look at it as a trial period. After 2 years we will apply for the next step where we both go to interviews. Like I said, I don´t know if the same applies to your case but if it does then you have to stay in the US for a longer time before you can start moving back and forward between the counties.

You are confused. You can travel outside any time during the 2 years of your conditional GC as long as you are spending more time in the US than out. Where did you get that idea? My husband traveled internationally for both business and pleasure while he had his conditional GC without any issues whatsoever.