Travelling after IR1 stamped

[oat12 29]

Hello everyone,

 

As some of you may have seen from a very recent topic I posted, I am in quite a bit of a predicament.

I activated my IR1 visa on the 27th May and stayed in the USA for 10 days (this was never my original plan, I was originally supposed to move in with my soon to be ex husband but things took a turn for the worse- refer to my previous thread if you want to know more). I then returned to the USA on the 29th June for 2 weeks, I returned to apply for a re-entry permit which cannot be filed if you are outside of the states.

I am now back in the UK, waiting on an NOA1 for my i131 and waiting on an appointment to provide my fingerprints. I have not received an SSN yet which means I have not been able to open a bank account and I am struggling to apply for remote jobs without this. My plan is to wait for my biometric appointment and return to the USA to provide this, apply for a bank account, apply for a driving license and get a California ID.

I am just worried that I will face scrutiny because since receiving my approval this year, I have made 2 short trips to the USA. I do not want CBP to assume that I am abandoning my residence. It is my ultimate plan to work and reside in the USA but I have had to face terrible factors at the last minute (abusive/threatening spouse/mothers health deteriorating) and I am trying my best to balance it all.

Can anyone provide any insight as to whether waiting for my biometrics is a good idea? Is the 6 month rule now being counted from my last trip (29th June - 13th July) or from when I activated my visa?

Thank you.

[mushroomspore 3,044]

15 minutes ago, oat12 said:

Hello everyone,

 

As some of you may have seen from a very recent topic I posted, I am in quite a bit of a predicament.

I activated my IR1 visa on the 27th May and stayed in the USA for 10 days (this was never my original plan, I was originally supposed to move in with my soon to be ex husband but things took a turn for the worse- refer to my previous thread if you want to know more). I then returned to the USA on the 29th June for 2 weeks, I returned to apply for a re-entry permit which cannot be filed if you are outside of the states.

I am now back in the UK, waiting on an NOA1 for my i131 and waiting on an appointment to provide my fingerprints. I have not received an SSN yet which means I have not been able to open a bank account and I am struggling to apply for remote jobs without this. My plan is to wait for my biometric appointment and return to the USA to provide this, apply for a bank account, apply for a driving license and get a California ID.

I am just worried that I will face scrutiny because since receiving my approval this year, I have made 2 short trips to the USA. I do not want CBP to assume that I am abandoning my residence. It is my ultimate plan to work and reside in the USA but I have had to face terrible factors at the last minute (abusive/threatening spouse/mothers health deteriorating) and I am trying my best to balance it all.

Can anyone provide any insight as to whether waiting for my biometrics is a good idea? Is the 6 month rule now being counted from my last trip (29th June - 13th July) or from when I activated my visa?

Thank you.

1. Some banks don't require an SSN. I opened an acct with Wells Fargo (granted this was back in 2013) and I didn't have any American docs. No American ID, no SSN. Just my Canadian passport.

 

2. Unlikely you'll face scrutiny plus the fact you've applied for the re-entry permit means you're taking the right steps to protect your permanent residency status without abandoning it as it sounds like you already know you'll be abroad for some time. If they ask questions, be honest and concise and don't overshare or volunteer info. Just answer specifically whatever they ask.

[EmilyW 1,438]

Bank of America opened accounts for me without an SSN.  It can be done, OP.  Just have to shop around and see which banks will play ball.

[oat12 29]

3 minutes ago, EmilyW said:

Bank of America opened accounts for me without an SSN.  It can be done, OP.  Just have to shop around and see which banks will play ball.

I tried online but they're asking for my SSN/ITIN. I then called and they told me that I would have to make an in person appointment to show my documents. I should have made an appointment when I was there but I was under so much stress both times and not thinking straight and during my last trip I ended up catching a stomach bug and was inside of my hotel for a week and a half unwell. 

Edited July 18, 2022 by oat12

[Boiler 45,527]

You do not have to reside in California, usually a SSN is quick to obtain just a trip to the local office

 

It seems that they give new residents slack when first moving knowing that a trip home to tie up things is common.

 

Fron a UK perspective it can complicate matters, your NHS access for example 

[oat12 29]

1 minute ago, Boiler said:

You do not have to reside in California, usually a SSN is quick to obtain just a trip to the local office

 

It seems that they give new residents slack when first moving knowing that a trip home to tie up things is common.

 

Fron a UK perspective it can complicate matters, your NHS access for example 

What do you mean by my NHS access? Will I not be able to use NHS services anymore?

[Boiler 45,527]

1 hour ago, oat12 said:

What do you mean by my NHS access? Will I not be able to use NHS services anymore?

I have not looked at it recently but my recollection is that full access to the NHS is dependent on you being UK resident, as a US resident my recollection is that we still have access to Hospitals but not for example a GP, well without paying. Anyway it is all on line. Drivers License maybe as well you are supposed to update your new address but they do not take overseas addresses, I know people fudge it using a family address. Not sure that is strictly kosher. May be all sorts of other complications.

[oat12 29]

Just now, Boiler said:

I have not looked at it recently but my recollection is that full access to the NHS is dependent on you being UK resident, as a US resident my recollection is that we still have access to Hospitals but not for example a GP, well without paying. Anyway it is all on line. Drivers License maybe as well you are supposed to update your new address but they do not take overseas addresses, I know people fudge it using a family address. Not sure that is strictly kosher. May be all sorts of other complications.

That makes a lot of sense.

I have filed the re entry permit so that I can stay in the UK and figure out how to take care of my mother, if my sister agrees to help then I will move to the US very soon. I have an address in California already, I was hoping to go and take my test there to have a drivers license there. So far I am planning to do all of this on my next trip when they ask for my biometrics.

Do you still think I will run into issues?

[Boiler 45,527]

I doubt it, they may give your grief, I personally know somebody who was after 5 months, but then I have seen somebody on here return after 9 years.

 

It all seems a nonsense making a fuss of it.

[oat12 29]

I agree, 

1 minute ago, Boiler said:

I doubt it, they may give your grief, I personally know somebody who was after 5 months, but then I have seen somebody on here return after 9 years.

 

It all seems a nonsense making a fuss of it.

I agree  .

I just feel like I have many things to worry about. Especially with the threats my ex spouse is making looming over my head. I just want to protect myself. I wasn't prepared to be in this situation.

[BLC 112]

On 7/18/2022 at 8:40 PM, Boiler said:

I have not looked at it recently but my recollection is that full access to the NHS is dependent on you being UK resident, as a US resident my recollection is that we still have access to Hospitals but not for example a GP, well without paying. Anyway it is all on line. Drivers License maybe as well you are supposed to update your new address but they do not take overseas addresses, I know people fudge it using a family address. Not sure that is strictly kosher. May be all sorts of other complications.

Just wanted to chime in on the NHS part..  My husbands aunt is a UK citizen and a US resident ..she’s been in the US for the last 40 years or so. And funny enough, we were just having a convo about this last week lol. She said she was surprised when she came back to the UK this year to visit because she got sick and she thought the same thing—that she would no longer have full NHS access and would have to pay out of pocket. But, they ended up covering everything as they would for someone living there. 

[Boiler 45,527]

6 minutes ago, BLC said:

Just wanted to chime in on the NHS part..  My husbands aunt is a UK citizen and a US resident ..she’s been in the US for the last 40 years or so. And funny enough, we were just having a convo about this last week lol. She said she was surprised when she came back to the UK this year to visit because she got sick and she thought the same thing—that she would no longer have full NHS access and would have to pay out of pocket. But, they ended up covering everything as they would for someone living there. 

Did she tell them?

 

https://www.nhs.uk/nhs-services/visiting-or-moving-to-england/how-to-access-nhs-services-in-england-if-you-are-visiting-from-abroad/

 

 

[BLC 112]

5 minutes ago, Boiler said:

Did she tell them?

 

https://www.nhs.uk/nhs-services/visiting-or-moving-to-england/how-to-access-nhs-services-in-england-if-you-are-visiting-from-abroad/

 

 

No clue, I didn’t ask. Just her experience she shared. 
 

TL;DR (it all). But this looks like it is regarding people visiting England, not citizens. 

Edited July 21, 2022 by BLC
finished post