Entering US on IR-1, only for a week

[smith916 67]

Hello,

 

my husband (applicant) is waiting on his interview still.. however we have several events happening  this summer requiring travel back and forth from the states to his home country (UK). 
 

His first entry to the US looks like it will be to Las Vegas, but only for a week for a bachelor party... and then he will be returning to the UK for another month.

 

My question is, will his residency status be at all affected by leaving so shortly after getting his stamp? Or should he just come into the country as a visitor the first time and deal with it all the following month? If that makes any sense.

 

thank you in advance!

[Crazy Cat 41,905]

38 minutes ago, smith916 said:

His first entry to the US looks like it will be to Las Vegas, but only for a week for a bachelor party... and then he will be returning to the UK for another month.

Not an issue at all.

 

38 minutes ago, smith916 said:

Or should he just come into the country as a visitor the first time and deal with it all the following month? If that makes any sense.

Normally, that is not an option once an immigrant visa has been placed in his passport.

[Wuozopo 4,293]

Agree with above.  If he has a visa, then he can't use visa waiver (ESTA).

[Just Paul 4,595]

He travels on his ESTA until he gets the CR1.   After that his ESTA is cancelled and he uses the CR1/IR1.  The first entry activates his permanent residency.

[smith916 67]

17 minutes ago, Paul & Mary said:

He travels on his ESTA until he gets the CR1.   After that his ESTA is cancelled and he uses the CR1/IR1.  The first entry activates his permanent residency.

 This makes sense! Thank you.

 

So will he need to have an I 131 to leave again after his week in the states.. or is that only for extended time away? He’ll only be back in UK for a month after his first entry to the states.

[Ryan H 3,812]

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

[Crazy Cat 41,905]

9 minutes ago, smith916 said:

 This makes sense! Thank you.

 

So will he need to have an I 131 to leave again after his week in the states.. or is that only for extended time away? He’ll only be back in UK for a month after his first entry to the states.

No....he will not need an I-131.....Green Card holders (his endorsed visa will serve as his green card until the plastic one arrives) do not need an I-131 for a one month period outside the US.

Edited December 22, 2019 by missileman

[dwheels76 5,468]

The perk of a CR1. He is a Legal Permanent Resident the minute he enters US with his CR1 Visa. he can come and go as he pleases really.

[Nitas_man 3,100]

3 hours ago, smith916 said:

 This makes sense! Thank you.

 

So will he need to have an I 131 to leave again after his week in the states.. or is that only for extended time away? He’ll only be back in UK for a month after his first entry to the states.

No need for I-131

 

His visa is good for entry/exit for a year after initial entry

 

It will clearly say that on the bottom of the visa.

Edited December 23, 2019 by Nitas_man

[Wuozopo 4,293]

5 hours ago, smith916 said:

 This makes sense! Thank you.

 

So will he need to have an I 131 to leave again after his week in the states.. or is that only for extended time away? He’ll only be back in UK for a month after his first entry to the states.

That is for K1 fiancés who have to apply for a greencard after they arrive and marry. Their visa is only good for one 90 day entry so they need the I-131 approved to come back until they get their greencard which could take a year.

 

. A spouse visa makes your husband a permanent resident the day he enters. He can turn around and leave the next day. If he was going to leave and stay in the UK for a year before coming back, then a reentry permit would be in order. (Also form I-131)

 

Official USCIS info here https://www.uscis.gov/sites/default/files/USCIS/Resources/B5en.pdf

[Dashinka 24,520]

19 hours ago, smith916 said:

 This makes sense! Thank you.

 

So will he need to have an I 131 to leave again after his week in the states.. or is that only for extended time away? He’ll only be back in UK for a month after his first entry to the states.

Unless he plans to be outside the US for greater than 12 months after he activates his LPR status, then there is no reason for the I131.  Additionally, if he did plan to be outside the US for more than 12 months after becoming an LPR, he would have to file for the I131 while in the US to my knowledge and get it approved prior to leaving.  But as you said, he is only planning on being gone for a month, so it is a moot point.