CR-1

[Ashton Shevchenko 0]

 

So, serendipitously and way faster than we have expected (all in all under 5 months), I’ve just gotten a CR-1 visa through my wife to enter the USA until August 3-rd 2023 (expiration date). The thing is at the moment but we have pretty solid plans to stay here in the Philippines until March 1-st 2024 (newborn baby, US citizen herself, the lease for the apartment, studies). We have tickets to the US for November 29-January 14), already to visit family, apply for jobs. Please suggest/consult on how to better approach it. My original idea was (is, unless you advise otherwise), to go for like a week to Guam, the US territory, and just a 400 usd round trip from Manila, Philippines, where we are located and get the visa mailed to my spouse’s usps address.

Please advise me, how should I proceed with this.
Options as I see them:
1. Go to Guam before August 3-rd and activate the visa. Fly to the US for 1.5 month in November. Come live by March 1st 2024.
2. Re-do my medical and get visa extended through the Embassy (the officer during the interview said it is possible).  And go to the US first time in November, snd then go for a long term on March first 2024. 

 

Also, even after reading the forum extensively, I don't understand if my spouse needs to enter with me. We have a newborn baby on our hands.

 

Thank you so much regardless,
 

[JeanneAdil 6,491]

not understanding this part

get the visa mailed to my spouse’s usps address.

 

The visa,  itself ,  is a page added to the immigrant's passport  /it is not mailed and would not be able to travel without the passport

[Allaboutwaiting 2,503]

Where is your passport with the visa at the moment? 

[pushbrk 12,873]

I wouldn't bother with getting the visa re-issued, if you can make the two trips as you mentioned.  However, that first trip will need to be both of you.  She cannot enter ahead of you.  It must be together, or after you.

Edited May 3, 2023 by pushbrk

[Ashton Shevchenko 0]

4 hours ago, JeanneAdil said:

not understanding this part

get the visa mailed to my spouse’s usps address.

 

The visa,  itself ,  is a page added to the immigrant's passport  /it is not mailed and would not be able to travel without the passport

I am sorry, my bad, I've meant 'the green card' - plastic card.

My CR-1 visa is in my passport with me on hand.

 

4 hours ago, Allaboutwaiting said:

Where is your passport with the visa at the moment? 

It's with me. Sorry for the confusion. 

 

 

My friend who has gotten his green card through work told me that after being accepted to enter the US with the visa, the plastic green card should arrive and after that my visa is void in the passport, and I should be using the green card after that to enter. Hence my worry that I will need it having on hand the next time I come to the US in November after the Guam trip in June. 

 

Thank you so much for looking/responding.

 

Cheers!

[pushbrk 12,873]

1 minute ago, Ashton Shevchenko said:

I am sorry, my bad, I've meant 'the green card' - plastic card.

My CR-1 visa is in my passport with me on hand.

 

It's with me. Sorry for the confusion. 

 

 

My friend who has gotten his green card through work told me that after being accepted to enter the US with the visa, the plastic green card should arrive and after that my visa is void in the passport, and I should be using the green card after that to enter. Hence my worry that I will need it having on hand the next time I come to the US in November after the Guam trip in June. 

 

Thank you so much for looking/responding.

 

Cheers!

Your friend is wrong.  The visa combined with entry stamp is a temporary green card for a year.

 

Immigrant must enter with or after the US Citizen.

[Ashton Shevchenko 0]

7 minutes ago, pushbrk said:

Your friend is wrong.  The visa combined with entry stamp is a temporary green card for a year.

 

Immigrant must enter with or after the US Citizen.

Thank you so much for your reply.

 

Please bear with me, as I am still grappling to understand the part of "with or after the US citizen",

What does "after" means here?

 

Can it be done that I go in June alone to activate the visa for 1 week, and after that we go together (with a baby ) in November?

 

 

[pushbrk 12,873]

Just now, Ashton Shevchenko said:

Thank you so much for your reply.

 

Please bear with me, as I am still grappling to understand the part of "with or after the US citizen",

What does "after" means here?

 

Can it be done that I go in June alone to activate the visa for 1 week, and after that we go together (with a baby ) in November?

 

 

No, it cannot.  Your spouse must enter with you or already be in the USA when you enter.  You cannot enter before the US Citizen spouse does.

[JeanneAdil 6,491]

Green card will be mailed to US address as shown on all your documents

it can not be forwarded 

 

If no one is home in US to receive it,  u stand the chance of it being sent back to USCIS

 

[pushbrk 12,873]

11 hours ago, JeanneAdil said:

Green card will be mailed to US address as shown on all your documents

it can not be forwarded 

 

If no one is home in US to receive it,  u stand the chance of it being sent back to USCIS

 

The assertion in bold above is not correct.  Green cards are mailed by first class mail.  Nobody needs to be home.  It gets placed in a "mailbox".  A person may then use a courier to send the card anywhere in the world.  If the post office has a forwarding order, the first class mail may be forwarded.  I think there was a time when it was not allowed to forward mail from INS, so that's more than 20 years ago, if ever.

[JeanneAdil 6,491]

12 hours ago, pushbrk said:

The assertion in bold above is not correct.  Green cards are mailed by first class mail.  Nobody needs to be home.  It gets placed in a "mailbox".  A person may then use a courier to send the card anywhere in the world.  If the post office has a forwarding order, the first class mail may be forwarded.  I think there was a time when it was not allowed to forward mail from INS, so that's more than 20 years ago, if ever.

If this is the case DOH should update their site as it says 

 

The U.S. Postal Service (USPS) will not forward secure documents such as a permanent resident card (Green Card) or employment authorization document to a new address, so USCIS must receive your new address before it mails these documents to you.

 

https://www.dhs.gov/cisombudsman-frequentlyaskedquestions

[Chancy 6,241]

On 5/3/2023 at 5:53 PM, Ashton Shevchenko said:

I should be using the green card after that to enter. Hence my worry that I will need it having on hand the next time I come to the US in November after the Guam trip in June. 

 

Have you already paid the $220 immigrant fee to USCIS for the plastic green card production?  Did you use a US address as mailing address?

 

I also vote for "activating" your LPR status with a short trip to Guam with your USC spouse.  As mentioned above, your CR1 visa with CBP entry stamp will serve as your temporary green card for 1 year from the date on the CBP stamp.

 

Reminder that you must enter the US for the first time with your CR1 visa only with or after your USC spouse.  You cannot legally enter before your spouse is physically present in the US.  If you attempt to do so and USCIS finds out later, they could determine that your LPR status was illegally obtained due to failure to comply with the requirement for sponsor's US domicile -- https://www.visajourney.com/forums/topic/782407-usc-must-be-in-usa-at-the-time-of-entry-on-the-visa-why/?do=findComment&comment=10663657

 

[Ashton Shevchenko 0]

On 5/6/2023 at 4:49 AM, Chancy said:

 

Have you already paid the $220 immigrant fee to USCIS for the plastic green card production?  Did you use a US address as mailing address?

 

I also vote for "activating" your LPR status with a short trip to Guam with your USC spouse.  As mentioned above, your CR1 visa with CBP entry stamp will serve as your temporary green card for 1 year from the date on the CBP stamp.

 

Reminder that you must enter the US for the first time with your CR1 visa only with or after your USC spouse.  You cannot legally enter before your spouse is physically present in the US.  If you attempt to do so and USCIS finds out later, they could determine that your LPR status was illegally obtained due to failure to comply with the requirement for sponsor's US domicile -- https://www.visajourney.com/forums/topic/782407-usc-must-be-in-usa-at-the-time-of-entry-on-the-visa-why/?do=findComment&comment=10663657

 

Hi Chancy and everyone,

Thank you all for your opinions/insights, they are very helpful and valuable. 
We are going together to Guam in June. 
will apply for our baby naturalization (citizenship) after the trip, hopefully. 
 

Regarding the 220 usd fee - we did pay it.

And used Philadelphia address. 

 

Edited May 18, 2023 by Ashton Shevchenko

[Ashton Shevchenko 0]

Hey Everyone!

All worked out well.

The interview was under 5 mins, and the whole thing including the lines, etc, under 20 mins.

Pretty amazing.

Thank you again :-3