Question regarding Travelling to US with IR-1 Visa

[DBmusic 0]

I am an American citizen, and my wife is a Canadian citizen who was just granted an IR-1 Visa to immigrate to the United States. 

 

Her IR-1 Visa expires on April 18, 2018. She and I are currently in the process of selling a house in Canada so we plan to leave Canada together on March 1st.

 

However, my mother, in her excitement, went ahead and purchased us plane tickets to visit her in Florida for two weeks in late January to early February. 

 

I'm concerned there will be some trouble if we travel to Florida without the intent of 'landing' there. We plan on moving to Oregon a couple of weeks after we would be getting back. My question is, will she be allowed to travel in Florida as a Canadian Citizen regardless of having her IR-1 Visa? Or will she be required to 'land' immediately upon arrival at any point of entry?

 

Thank you for your time!

Edited November 29, 2017 by DBmusic
A word

[Mollie09 1,543]

She probably won't be allowed to enter as a tourist with an immigrant visa in her passport - they usually cancel non-immigrant visas when they give immigrant ones.

 

ETA: I know she's Canadian and therefore has no visa, but the principle is the same. You could try to ask them at the border to let her in as a tourist but it's unlikely to work.

Edited November 29, 2017 by Mollie09

[DBmusic 0]

That's true, however my wife is Canadian, and Canadian citizens don't require a visa to travel to the United States (some do, but my wife doesn't fit any of the criteria). Therefore, there was no existing visa to cancel, only an immigrant visa that was gained, and that's why I'm so confused about it. Thank you for responding!

[car0593 42]

she will be required to go in with her IR-1 Visa.. but that is not a problem. She will be registered as a legal permanent resident as soon as she reaches the first POE. This does not affect her going back to Canada a week after.. people do it all the time.

[DBmusic 0]

2 minutes ago, car0593 said:

she will be required to go in with her IR-1 Visa.. but that is not a problem. She will be registered as a legal permanent resident as soon as she reaches the first POE. This does not affect her going back to Canada a week after.. people do it all the time.

You are 100% certain this is the case? 

[Mollie09 1,543]

2 minutes ago, DBmusic said:

You are 100% certain this is the case? 

She will get a stamp on her visa that will serve as evidence of LPR for up to a year, yes.

[car0593 42]

^^^ CORRECT!

 

GC will take at least 6 months if not more to come in the mail so they do Stamp the passport showing legal status. this allows your wife to travel freely and also apply for her SS# , work and get her license while she gets the actual GC in the mail

[DBmusic 0]

5 minutes ago, Mollie09 said:

1 minute ago, car0593 said:

^^^ CORRECT!

 

GC will take at least 6 months if not more to come in the mail so they do Stamp the passport showing legal status. this allows your wife to travel freely and also apply for her SS# , work and get her license while she gets the actual GC in the mail

She will get a stamp on her visa that will serve as evidence of LPR for up to a year, yes.

 

 

That is great news, thank you both very much for your help!

[Tracy-->NY 40]

car0593  is correct.  I entered the US on IV and left about three weeks later.  Reentered permanently six months later with no issue.  Once you pay the green card fee which can be done before/after POE her green card will be issued after entering on IV.

Edited November 29, 2017 by Tracy-->NY

[BigDaddy28 228]

Your wife will be fine to come here on her IR1 visa an if she wants to go back to Canada the same day, she won't get in trouble for it. Unlike K1, IR1 is a permanent resident visa and upon her entry her status is activated and she can travel as she pleases as long as she does not stay more than 6 months outside of the US without proper procedures. 

[Mar and Mur 7]

Hi,

For my understanding, she has her CR1 visa issued, then prior to definitely in US, you want to tour in FL the go back to Canada and back to the US using the CR1 visa at the last trip.

There is no way anyone could get 2 entry visas at the same time. If the CR1 visa is issued with the same passport, the officer systematically cancels any other existing valid visa in that passport.

If he did not cancelled the existing visa, you will get yourself in trouble with CB at the point of entry

My suggestion is that you should travel at once, then visit your mother in FL after entry.

Good luck and congratulation

 

 

[geowrian 22,338]

1. Canadians don't need a visa to visit, so there is nothing to cancel.
2. Once the immigrant visa is affixed to the passport, expect it to be used on the next entry automatically. While it's possible they may not check it (especially if coming from Canada via land), there is no good reason that I can think of not to enter on the immigrant visa.
   1. Permanent residency would start sooner (less time to wait for naturalization, although physical presence and continuous residency requirements still apply)
   2. So long as you aren't abroad for too long after your initial entry, there shouldn't be an issue. If you planned to be abroad long enough for this to be an issue, the visa itself would have been expired anyway (due to the <= 6 month validity period).
3. People can have multiple US visas at the same time, but can only enter with one status. That said, SOP is to cancel all NIVs before issuing an IV (not that there is anything to cancel here anyway per point #1 above). Even if not cancelled, CBP tends to use the immigrant (or K-1) visa on entry anyway, which are single-use.
4. The physical green card will arrive "shortly" after entering on the immigrant visa and after the immigrant fee is paid (before or after entry). "Shortly" is relative, but tends to be within a couple/few months right now (or the better part of a year or longer for a lost/stolen one, so take care if it). The visa acts as a green card for 1 year upon endorsement at POE 9this is stated right on the visa itself), so no need to wait for the physical card to arrive.