Jump to content

6 posts in this topic

Recommended Posts

Posted

Hi everyone, 
I started the green card process for my husband (I-130) last year and he finally got his interview date (November 2022) for IR/CR1 visa! What I need to know is how long is it taking to receive the physical green card via mail after entering USA? Any recent immigrants can shed some light on this? Are there any delays to this due to Covid? 
We can’t stay longer than 1 1/2 months because my husband has to come back to Dubai to wind up his business here; he has really important commitments so we were unsure what to do. 
Would really appreciate some feedback from people who recently immigrated. 
Thank you 

Posted

~~ Topic moved from IR1/CR1 Progress Reports to General Immigration discussion where similar topics are discussed ~~
 

Few weeks to few months. You can see in the thread below. Traveling isn’t an issue since the I-551 stamp in his passport at US entry will serve as a GC for a year.

 

 

 

 

Filed: Citizen (apr) Country: Myanmar
Timeline
Posted
40 minutes ago, mscooby said:

We can’t stay longer than 1 1/2 months

I doubt his card will arrive that soon. 
 

When your husband  enters the USA, his stamped visa will convert him instantly to an LPR (“lawful permanent resident”). His stamped visa will convert to an I-551 that expires in one calendar year.  An I-551 is evidence of LPR status.  A green card is also an I-551. He can travel to the USA if his I-551 is not expired. Thus he doesn’t need his green card for a year.
 

You do however need a stable mailing address to receive the green card and someone  you trust to remove the green card from your home in USA, and place it in a secure location.  
 

40 minutes ago, mscooby said:

because my husband has to come back to Dubai to wind up his business here

How long will he be staying outside the USA. LPRs are required to live in the USA, which has the following two base requirements:

 

* spend more time in the U.S. than out. He is coming to the USA for 45 days. His trip abroad should exceed 44 days.  

 

* do not have any single trip outside the U.S. that exceeds 180 consecutive days 

 

If  he cannot meet both of these conditions, then as soon as he lands in U.S. he should file I-131 to get a re-renter permit. He does not need to wait for permit to be issued (it will take over a year to be issued) but he will need to come back for a biometrics appointment. 
 

Filing for a re-entry permit before he leaves is gold standard evidence that he did not intend to abandon his LPR status.  

Posted
On 10/19/2022 at 3:38 PM, Mike E said:

I doubt his card will arrive that soon. 
 

When your husband  enters the USA, his stamped visa will convert him instantly to an LPR (“lawful permanent resident”). His stamped visa will convert to an I-551 that expires in one calendar year.  An I-551 is evidence of LPR status.  A green card is also an I-551. He can travel to the USA if his I-551 is not expired. Thus he doesn’t need his green card for a year.
 

You do however need a stable mailing address to receive the green card and someone  you trust to remove the green card from your home in USA, and place it in a secure location.  
 

How long will he be staying outside the USA. LPRs are required to live in the USA, which has the following two base requirements:

 

* spend more time in the U.S. than out. He is coming to the USA for 45 days. His trip abroad should exceed 44 days.  

 

* do not have any single trip outside the U.S. that exceeds 180 consecutive days 

 

If  he cannot meet both of these conditions, then as soon as he lands in U.S. he should file I-131 to get a re-renter permit. He does not need to wait for permit to be issued (it will take over a year to be issued) but he will need to come back for a biometrics appointment. 
 

Filing for a re-entry permit before he leaves is gold standard evidence that he did not intend to abandon his LPR status.  

Hey thank you for your response. We plan on coming back to USA within 6 months, or even earlier. So I-551 will let him and exit and enter right as long as we come back within 6 months? 

Filed: IR-1/CR-1 Visa Country: Ghana
Timeline
Posted (edited)
13 minutes ago, mscooby said:

Hey thank you for your response. We plan on coming back to USA within 6 months, or even earlier. So I-551 will let him and exit and enter right as long as we come back within 6 months? 

Yup, it will allow him to enter whiles it's valid.

Edited by nastra30
Filed: Citizen (apr) Country: Myanmar
Timeline
Posted
2 hours ago, mscooby said:

Hey thank you for your response. We plan on coming back to USA within 6 months, or even earlier. So I-551 will let him and exit and enter right as long as we come back within 6 months? 

It is 180 days and not 6 months.  
 

Because he is an LPR his entry is guaranteed.  What is nit guaranteed is whether CBP will accuse him of abandoning status.  If it does, it can issue a notice to appear to immigration court where DHS will argue his LPR status will be revoked. 
 

He should file I-131 to get a re-entry permit.  

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
- Back to Top -

Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×
×
  • Create New...