Entering & Exiting USA After Visa Approval

[jhern108 1]

Hey all,

 

CR1/IR1 visa applicant here (wife is US citizen). DQ on August 25, 2021 and scheduled for interview October 15, 2021.

I am not finished with my employment contract in London until late-November 2021. However, I would like to attend a wedding in the USA with my wife in early November.

In the event that my visa is approved in October, would going to the wedding be possible or will I have to skip the wedding and only enter the USA when I’m immigrating for good?

 

Thanks in advance! 

[Boiler 46,284]

Quite common for people to activate their status and go back

 

Might complicate tax issues

[Crazy Cat 42,582]

If you have your passport back after the interview, you can travel to the US.  An immigrant visa allows you to immediately depart the US & return to home country to tie up loose ends.

[DaisyJ 35]

Some of these answers are interesting, I was under the impression you'd have to wait for the physical greencard to arrive before you can leave the country as you can forfeit your application and they reserve the right to not let you back in. Not sure where I read that but it's the info I've seen time and again. If people could provide links that would be great!

[jhern108 1]

7 minutes ago, DaisyJ said:

Some of these answers are interesting, I was under the impression you'd have to wait for the physical greencard to arrive before you can leave the country as you can forfeit your application and they reserve the right to not let you back in. Not sure where I read that but it's the info I've seen time and again. If people could provide links that would be great!

 

I was under the same impression! I've also messaged our attorney so will update here when I hear back.

[Saqib-s 198]

On endorsement (stamped at point of entry into the us)  your immigrant visa becomes a temporary green card (i-551) for 1 year, which you can use to come and go with and use to prove your permanent resident status whilst the physical green card arrives.

 

 

https://www.uscis.gov/i-9-central/temporary-i-551-stamps-and-mrivs

 

 

[DaisyJ 35]

24 minutes ago, Saqib-s said:

On endorsement (stamped at point of entry into the us)  your immigrant visa becomes a temporary green card (i-551) for 1 year, which you can use to come and go with and use to prove your permanent resident status whilst the physical green card arrives.

 

 

https://www.uscis.gov/i-9-central/temporary-i-551-stamps-and-mrivs

 

 

Yes, this makes sense for employment/functioning as a permanent resident in the US, but the advice I have seen re leaving the US before you have the greencard in hand says otherwise. I think you leaving the US triggers something in the USCIS system (possibly?) if they haven't issued the card yet? I'm not sure.

[Crazy Cat 42,582]

53 minutes ago, jhern108 said:

 

I was under the same impression! I've also messaged our attorney so will update here when I hear back.

Once an immigrant  visa holder enters the US, he/she is IMMEDIATELY a legal resident.  The endorsed visa acts as a fully functional green card until the plastic one arrives.  If the attorney tells you anything different, disregard it.

[Saqib-s 198]

23 minutes ago, DaisyJ said:

Yes, this makes sense for employment/functioning as a permanent resident in the US, but the advice I have seen re leaving the US before you have the greencard in hand says otherwise. I think you leaving the US triggers something in the USCIS system (possibly?) if they haven't issued the card yet? I'm not sure.

Where have you seen this advice? 

 

This avvo page has attorney advice saying that you can use the temporary i-551 for travel.  

 

https://www.avvo.com/legal-answers/can-i-travel-with-temporary-i-551-stamp-in-my-pass-2882959.html

 

 

 

Edited September 20, 2021 by Saqib-s

[Crazy Cat 42,582]

26 minutes ago, DaisyJ said:

Yes, this makes sense for employment/functioning as a permanent resident in the US, but the advice I have seen re leaving the US before you have the greencard in hand says otherwise. I think you leaving the US triggers something in the USCIS system (possibly?) if they haven't issued the card yet? I'm not sure.

That is inaccurate information.  An endorsed immigrant visa is a fully-functional green card in every way.

Edited September 20, 2021 by Crazy Cat

[Crazy Cat 42,582]

.

Edited September 20, 2021 by Crazy Cat

[Allaboutwaiting 2,503]

I'll give you an example that might put you at ease.

 

Immigrants that live by the land border -Canada or Mexico- enter the US as soon as they receive the visa just to activate it and then immediately return to sort out whatever is needed to at their place of residence.

 

So, as soon as you have your visa in hand, you can travel to the US and then go back home to organize, pack, etc.

[Saqib-s 198]

Here's another link with the same advice, which further outlines other precautions like ensuring you passport is still valid and not bring away from the US for over 6 months etc. 

 

https://www.nolo.com/legal-encyclopedia/question-permanent-resident-travel-awaiting-green-card-28054.html

[justkeepwaiting 20]

I arrived in the US on Friday on a CR1 and was explicitly told by the border agent that the stamp in my passport was valid for a year for leaving and re-entering the country as a permanent resident.