IR1 visa / entering and leaving vs. reissuing

[liolibo 0]

Hi everyone. 
I have an IR1 visa issued from the consulate in Germany. Expiration date is in June. We were supposed to leave Germany and enter the US early May but, well, it looks like we won’t. As we’re not sure we’ll even be able to make it prior to the expiration date, we’re trying to think of all our options. We don’t want to move and try to find jobs there until the situation cleared out a bit. 
 

1) Entering and leaving: as my husband was living in Germany with me, he has to have relocated his residence to the US at the latest at the time I activate my visa, correct? What does it mean concretely, to relocate his residence? Could we both fly to the US together, spend one day there and fly back? Or does he have to get registered at an address before I’m allowed to leave the country? 
 

2) Reissuing the visa: What if the visa expires before we’re able to fly, do I have to start the whole process? Send the whole application? Or only the medical? What about the interview? 
 

if anyone has any other piece of advice, I’m all ears. 
 

thanks! 

Edited April 17, 2020 by liolibo

[pushbrk 12,889]

In the US, we don't "register addresses".  Either you enter before the visa expires or you have it re-issued.  If you can arrange travel, option one is "certain".  Option 2 is not certain.  If successful the timing would be difficult to predict.  Tough situation.  Difficult decision.

 

[Sparkle Sparkle 914]

1 hour ago, liolibo said:

Could we both fly to the US together, spend one day there and fly back?

exactly...he has to also provide a US address where his card will be sent to at POE

 

1 hour ago, liolibo said:

Reissuing the visa

You will have to go through the consular again.

 

1 hour ago, liolibo said:

We don’t want to move and try to find jobs there until the situation cleared out a bit. 

Thats very  sensible

[liolibo 0]

7 minutes ago, pushbrk said:

In the US, we don't "register addresses".  Either you enter before the visa expires or you have it re-issued.  If you can arrange travel, option one is "certain".  Option 2 is not certain.  If successful the timing would be difficult to predict.  Tough situation.  Difficult decision.

 

Thanks.
Could I enter before the visa expires, while my husband (who’s the US citizen) stays in Germany with our kids? That way my visa would be stamped. I would then turn around and fly back to Germany the next day, where we would await better days to move for good. 
Or does my husband have to be in the US or with me when I’m at the PoE? 
 

The card could be mailed at his sister’s. That’s the address we gave in the visa application. 

[Crazy Cat 41,881]

1 hour ago, liolibo said:

Could I enter before the visa expires, while my husband (who’s the US citizen) stays in Germany with our kids?

No.  Your husband must enter before you or with you......but you both can enter together, then immediately return to Germany.

Edited April 17, 2020 by Lucky Cat

[pushbrk 12,889]

8 hours ago, Lucky Cat said:

No.  Your husband must enter before you or with you......but you both can enter together, then immediately return to Germany.

Correct answer.

[retheem 566]

Enter together then leave.  This thing of reissuing visas...am looking at this thing down the line after COVID is gone. First, there will be a backlog of people looking for reissuing of visas, which may not be a guarantee. Secondly, with the way COVID 19 has made immigration anywhere to be low, i wouldn't put it past this administration to come up with BS procedures to make things stay that way. I may be thinking wildly but .....

 

All this to say, take your chance now while it may be.

[liolibo 0]

If I leave one day after I first got my visa stamped, do I need to do anything to be allowed to enter again at a later date? Adjustment of status or such?

[Crazy Cat 41,881]

12 minutes ago, liolibo said:

If I leave one day after I first got my visa stamped, do I need to do anything to be allowed to enter again at a later date? Adjustment of status or such?

No.....Your endorsed IR-1/CR-1 visa in your passport acts as your Green Card until the plastic one arrives......that is all you need to re-enter the US.

Edited April 18, 2020 by Lucky Cat

[liolibo 0]

Thanks everyone for the advice! My husband says this plan sounds a bit shady... but it’s not against the rules to do that, right? We can be fully transparent at PoE, and we don’t have to try and find a reason why our kids (who are US citizens) aren’t travelling with us this time, correct?

Edited April 19, 2020 by liolibo

[Just Paul 4,595]

14 minutes ago, liolibo said:

Thanks everyone for the advice! My husband says this plan sounds a bit shady... but it’s not against the rules to do that, right? We can be fully transparent at PoE, and we don’t have to try and find a reason why our kids (who are US citizens) aren’t travelling with us this time, correct?

We came into the US on a sunday and friday we were back in Mexico at the beach and getting a few more of our belongings.

 

People actually drive to the POE, activate their visa and turn around and return to the US later. 

[stephanie918 46]

what did you decide? we're in the same boat, but also can't leave Australia without permission...which we have applied for.  so stressful and difficult right now

[Crazy Cat 41,881]

On 4/19/2020 at 3:05 AM, liolibo said:

Thanks everyone for the advice! My husband says this plan sounds a bit shady... but it’s not against the rules to do that, right? We can be fully transparent at PoE, and we don’t have to try and find a reason why our kids (who are US citizens) aren’t travelling with us this time, correct?

There is nothing "shady" about entering the US via an immigrant visa, then exiting immediately........why would it be against the rules?  As a green card holder (which you are immediately upon entering the US with an immigrant visa), you can freely exit and enter........perfectly fine to do so. 

[liolibo 0]

On 5/12/2020 at 12:25 PM, stephanie918 said:

what did you decide? we're in the same boat, but also can't leave Australia without permission...which we have applied for.  so stressful and difficult right now

 

My husband found a job so we flew last week and my visa got endorsed. If things hadn’t worked out that way, I think we would have flown just to get the visa endorsed and then back to France to await better days.