Questions about entry on IR-1 visa

[EKT 117]

My husband recently had his IR-1 visa issued and we’re finally able to plan our move to the US after living abroad as a family for over 10 years. We are still trying to decide where exactly we want to live, which is really difficult to do from a distance. I think I read somewhere on VJ that it is acceptable to travel to and enter the US to have the IR-1 stamped and green card issued, and then go back to the current home country for a period of time and re-enter the US later on using the GC. Is there any official guidance on this or is it simply based on the experiences of people posting here? For example, if we entered and stayed in the US for a month initially to check out potential areas and schools, how long is an acceptable amount of time to then go back to our current country to sort out our affairs? 3 months? 6 months? Or is it simply at the discretion of the CBP when we eventually come back in…
 

Thanks in advance  

[iwannaplay54 985]

You do need an address when you arrive.  Perhaps a family member?

When you settle down permanently you both have to update your address with USCIS.

We did just that, arrived, stamped, left after 3 weeks to go back to wrap things up but everything was addressed to my brother’s house from the time we initially filed,  

Edited January 31, 2022 by iwannaplay54

[Lil bear 4,181]

3 minutes ago, EKT said:

My husband recently had his IR-1 visa issued and we’re finally able to plan our move to the US after living abroad as a family for over 10 years. We are still trying to decide where exactly we want to live, which is really difficult to do from a distance. I think I read somewhere on VJ that it is acceptable to travel to and enter the US to have the IR-1 stamped and green card issued, and then go back to the current home country for a period of time and re-enter the US later on using the GC. Is there any official guidance on this or is it simply based on the experiences of people posting here? For example, if we entered and stayed in the US for a month initially to check out potential areas and schools, how long is an acceptable amount of time to then go back to our current country to sort out our affairs? 3 months? 6 months? Or is it simply at the discretion of the CBP when we eventually come back in…
 

Thanks in advance  

Yes, this is a common action to close out houses etc. Less than 6 months away so there is no risk of being perceived that youre not actually living in the US. I would be comfortable with up to 3 months .. i was out for 9 weeks after being in the US for 8 weeks   The questioning level on reentry is at the discretion of the CBP officer at POE .. Use the time in the US to get drivers licences, establish bank accounts etc to be able to establish strong ties and domicile to the US when you head back from NZ for that second time 

[Rocio0010 5,579]

Also remember that you both need to enter at the same time, or the USC comes first and then the beneficiary follows spouse. Beneficiary should not try No enter first.

[SteveInBostonI130 3,432]

1 hour ago, EKT said:

My husband recently had his IR-1 visa issued and we’re finally able to plan our move to the US after living abroad as a family for over 10 years. We are still trying to decide where exactly we want to live, which is really difficult to do from a distance. I think I read somewhere on VJ that it is acceptable to travel to and enter the US to have the IR-1 stamped and green card issued, and then go back to the current home country for a period of time and re-enter the US later on using the GC. Is there any official guidance on this or is it simply based on the experiences of people posting here? For example, if we entered and stayed in the US for a month initially to check out potential areas and schools, how long is an acceptable amount of time to then go back to our current country to sort out our affairs? 3 months? 6 months? Or is it simply at the discretion of the CBP when we eventually come back in…
 

Thanks in advance  

Rule of thumb,

 

Up to 6 months away will not receive much scrutiny by CBP.

 

6 months to 1 year away may lead to some questioning by CBP, or it may not.

 

Over 1 year to 2 years officially requires the LPR to file for a re-entry permit before departure.

 

@EKT, do you have a US address for your husband to receive his SSN card and green card?

[EKT 117]

1 hour ago, iwannaplay54 said:

You do need an address when you arrive.  Perhaps a family member?

When you settle down permanently you both have to update your address with USCIS.

We did just that, arrived, stamped, left after 3 weeks to go back to wrap things up but everything was addressed to my brother’s house from the time we initially filed,  

Ok, thanks. We used my parent's address on the DS-260 for where to send the GC. This is also the address on my US bank accounts and I used it as my address for correspondence for my 2020 tax return. We will likely stay with them for the first few weeks until we find a place anyway.

 

How long were you away after the initial entry?

[EKT 117]

1 hour ago, Lil bear said:

Yes, this is a common action to close out houses etc. Less than 6 months away so there is no risk of being perceived that youre not actually living in the US. I would be comfortable with up to 3 months .. i was out for 9 weeks after being in the US for 8 weeks   The questioning level on reentry is at the discretion of the CBP officer at POE .. Use the time in the US to get drivers licences, establish bank accounts etc to be able to establish strong ties and domicile to the US when you head back from NZ for that second time 

Thanks, that's great to hear your experience! Right, I'm glad you mentioned banks and licences because I've been wondering about this too. I use my parent's address in the US for my bank accounts but don't have a current drivers licence. It probably varies state to state, but is a bank statement likely to be enough to prove residence to get a licence or does it usually require a utility bill or rental contract? Similarly, in order to add my husband to my US bank accounts or get him a licence -- is there any way to do it without already having a lease or utility bill in his name? It would be great to get him a licence as so many employers require this.

 

[EKT 117]

22 minutes ago, SteveInBostonI130 said:

Rule of thumb,

 

Up to 6 months away will not receive much scrutiny by CBP.

 

6 months to 1 year away may lead to some questioning by CBP, or it may not.

 

Over 1 year to 2 years officially requires the LPR to file for a re-entry permit before departure.

 

@EKT, do you have a US address for your husband to receive his SSN card and green card?

Thanks, that's great to hear there's a 6 month window roughly. Yes, I use my parent's address in the US so that will be easy enough to organize. 

[Lil bear 4,181]

16 minutes ago, EKT said:

Thanks, that's great to hear your experience! Right, I'm glad you mentioned banks and licences because I've been wondering about this too. I use my parent's address in the US for my bank accounts but don't have a current drivers licence. It probably varies state to state, but is a bank statement likely to be enough to prove residence to get a licence or does it usually require a utility bill or rental contract? Similarly, in order to add my husband to my US bank accounts or get him a licence -- is there any way to do it without already having a lease or utility bill in his name? It would be great to get him a licence as so many employers require this.

 

Depends on each state .. we needed  ID(passport)  ssn,  evidence of residency (stamped visa in your passport for LPR) and address .. bank statement was fine 

 

For car insurance , we were required to get evidence of previous insurance.. might be worth getting a statement of insurance cover history from your NZ provider .. also get your drivers licence record as we got a discount for having clear licences .. no demerit points  

Edited January 31, 2022 by Lil bear

[iwannaplay54 985]

5 hours ago, EKT said:

Ok, thanks. We used my parent's address on the DS-260 for where to send the GC. This is also the address on my US bank accounts and I used it as my address for correspondence for my 2020 tax return. We will likely stay with them for the first few weeks until we find a place anyway.

 

How long were you away after the initial entry?

4 months

[pushbrk 12,860]

The six month rule of thumb is pretty accurate, but it is always a judgment call.  Don't push it.  Google  Maintaining permanent resident status USA

[EKT 117]

8 hours ago, pushbrk said:

The six month rule of thumb is pretty accurate, but it is always a judgment call.  Don't push it.  Google  Maintaining permanent resident status USA

Thanks everyone! We’re going to try our best to make this a one way journey but it really helps me mentally to know we have options if things start unravelling and the 6 month expiry is looming. So much pressure not to mess it up after all of the waiting and hoop jumping 😅

[Chancy 6,241]

*** Moved from IR1/CR1 Process & Procedures to Moving to the US and Your New Life In America -- OP's husband already has IR1 visa issued ***