When does the 180-day rule start? [merged threads]

[da95826 387]

13 hours ago, Mike E said:

What’s the policy or legal basis for the? Is there an example of this happening? Are you thinking of the marital union requirement?

I have heard reports of this happening on immigration call in shows, probably Hacking's but could have seen it here as well, I can't site a specific case.

I'm not sure if it is a hard rule/law or more likely a policy USCIS is using when reviewing the statutory period when assessing n400 eligibility, in any case I would recommend they simply delay their n400 application to avoid the possible issue in the future.

[CJohn 1]

After entering the US my wife has to return to Turkey as soon as possible to take care of some business, how can she travel to Turkey legally without receiving her greencard and how soon can she leave the US after entering ?

[Allaboutwaiting 2,503]

She could fly back as soon as she is inspected by CBP.

 

The CR1/IR1 automatically becomes the GC upon entry to the US.

[CJohn 1]

Just now, Allaboutwaiting said:

She could fly back as soon as she is inspected by CBP.

 

The CR1/IR1 automatically becomes the GC upon entry to the US.

So she has the interview at the US embassy in turkey on april 11th. will the documents they give her after approval be all she needs to enter and leave the US while waiting for the physical card ?

for example would this work ? ''she gets off the plane the US, we speak with boarder control the allow her to enter. She stays for a week and leaves.''

do we need to file an i-131 or something ?

[Allaboutwaiting 2,503]

5 minutes ago, CJohn said:

So she has the interview at the US embassy in turkey on april 11th. will the documents they give her after approval be all she needs to enter and leave the US while waiting for the physical card ?

for example would this work ? ''she gets off the plane the US, we speak with boarder control the allow her to enter. She stays for a week and leaves.''

do we need to file an i-131 or something ?

Yes, if approved, she will receive the CR1/IR1 visa in her passport. 

That's what she will use to enter the US, and that visa will automatically become her GC, which she then can use until the final plastic card arrives. 

 

Once in the US, she can stay a week and go back to Turkey and you don't need any permit. 

Edited March 27, 2023 by Allaboutwaiting

[Crazy Cat 41,814]

3 hours ago, CJohn said:

do we need to file an i-131 or something ?

No.  If she enters via a spousal visa, her stamped passport/visa becomes a temporary Green card until the plastic one arrives.  She can immediately leave and return the same as if she had the plastic card.

Edited March 27, 2023 by Crazy Cat

[Ban Hammer 13,329]

related topics merged

[CJohn 1]

My wife successfully got her immigrant visa printed in her passport through the IR1/CR1 process on April 12th. It says ''upon endorsement serves as temporary i-551 evidencing permanent residence for 1 year.''

 

My question is; my wife is taking care of her mother, in Turkey. Does the ''you can stay 180 days outside the USA in a single year'' rule start when she passes through the port of entry into the US or did it start on April 12th when she received her visa in her passport ?

 

Her mother is sick and we plan on her entering the US in September before her visa expires, we want her to go back and take care of her mom 4-5 more months until we can arrange someone else to do it. Would that be a problem or how can we do it legally ? 

 

We are a happily married couple going through some tough times because of all this, please help.

[CJohn 1]

Adding on to this I know spouses can apply for citizenship after spending 3 years as an LPR, and must have been physically present in the US 18 months within the 3 year period. Does that mean her 3 year period started on April 12th when she got her immigrant visa in her passport or does it start after passing the port of entry into the US for the first time ?

Edited May 17, 2023 by CJohn

[Mike E 11,739]

13 minutes ago, CJohn said:

Does the ''you can stay 180 days outside the USA in a single year'' rule start when she passes through the port of entry into the US

Yes

 

14 minutes ago, CJohn said:

Would that be a problem or how can we do it legally ?

The majority of her time needs to be spent in U.S. Or else:

 

1 minute ago, CJohn said:

Does that mean her 3 year period started on April 12th when she got her immigrant visa in her passport or does it start after passing the port of entry into the US for the first time ?

The latter

[CJohn 1]

Just now, Mike E said:

3 minutes ago, CJohn said:

Does that mean her 3 year period started on April 12th when she got her immigrant visa in her passport or does it start after passing the port of entry into the US for the first time ?

The latter

Just to be %100 clear, at the port of entry once they stamp the I551 onto her passport does that mean she can live in Turkey with her mom for another 180 days ? Her immigrant visa was on april 12th so it will already be 5 months in Turkey before she ever entered the US. The time between when she recieved the passport immigrant visa and her first port of entry do not count in the 180 day rule correct ?

[Mike E 11,739]

1 minute ago, CJohn said:

Just to be %100 clear, at the port of entry once they stamp the I551 onto her passport does that mean she can live in Turkey with her mom for another 180 days ?

You mean, like exiting the arrival hall, walking to airline check in desk and flying back that day? Russian roulette. Apply for a re-entry permit.

 

4 minutes ago, CJohn said:

The time between when she recieved the passport immigrant visa and her first port of entry do not count in the 180 day rule correct ?

Last time: no.

 

I would not book Turkish Airlines with anything less than an unexpired gc in hand.

[CJohn 1]

6 minutes ago, Mike E said:

You mean, like exiting the arrival hall, walking to airline check in desk and flying back that day? Russian roulette. Apply for a re-entry permit.

She is going to enter the US and stay for 5-6 days then leave, she has to return for her mom...She'll stay in Turkey for another 4-5 months and come back permanently to the US.  Do we need to do anything special at that point. We'll open a joint bank account with her as evidence, but still its under 180 days..

 

Also thank you Mike, I felt very anxious until I got an answer from you.

Edited May 18, 2023 by CJohn

[Mike E 11,739]

2 minutes ago, CJohn said:

Do we need to do anything special at that point

Sigh. You are not reading.

 

Again: File for  a re-entry permit.
 

Wait for the receipt before leaving

[CJohn 1]

Just now, Mike E said:

Sigh. You are not reading.

 

Again: File for  a re-entry permit.
 

Wait for the receipt before leaving

Do you know how long it takes to get a re-entry permit, we cannot leave her mom alone there for more than a week 😓