Recently arrived IR1 - AOS and Travel Permit

[marcris 0]

Hello to all in this wonderful community. I am hoping to get some recommendations regarding my adjustment of status situation.

 

Please recategorize this post to whichever category it belongs.

 

My husband is a US Citizen and we got married in 2013 in Paraguay. Our daughter was born in 2014 in Paraguay where we were all living (my daughter obtained US citizenship at birth through her father). In 2020, my husband took a work opportunity in Florida and he moved back to the US. He filed the Immigrant Visa petition via form I-130 in 2020 so we could all reunite. I arrived here in Florida yesterday with my daughter. My passport contains the IR1 visa stamp. Now that we are here we face the challenge of figuring out our daughter's education.

 

She is currently enjoying her South American school's winter break and with my husband we are looking at local elementary schools. We would like her to finish her school year in Paraguay in November of 2023 while we still navigate how the school system here is.

 

Today, we went to apply for my social security card. Do we have to fill out any forms (i485 maybe?) for me to get my green card? Is it feasible for me to apply for a travel permit so that I can travel back to Paraguay with my daughter so she can properly finish her school year and if so, is it better if I apply for a travel permit at a local USCIS office? Or do I have to wait until I get the green card in the mail to make any travel plans?

 

Thank you all for your tips.

 

 

[Ontarkie 14,216]

~~Moved to General Immigration Discussion, from IR1/CR1 P&P - the OP has arrived to the US and is looking into the next steps.~~

[Crazy Cat 41,811]

2 hours ago, marcris said:

Hello to all in this wonderful community. I am hoping to get some recommendations regarding my adjustment of status situation.

 

Please recategorize this post to whichever category it belongs.

 

My husband is a US Citizen and we got married in 2013 in Paraguay. Our daughter was born in 2014 in Paraguay where we were all living (my daughter obtained US citizenship at birth through her father). In 2020, my husband took a work opportunity in Florida and he moved back to the US. He filed the Immigrant Visa petition via form I-130 in 2020 so we could all reunite. I arrived here in Florida yesterday with my daughter. My passport contains the IR1 visa stamp. Now that we are here we face the challenge of figuring out our daughter's education.

 

She is currently enjoying her South American school's winter break and with my husband we are looking at local elementary schools. We would like her to finish her school year in Paraguay in November of 2023 while we still navigate how the school system here is.

 

Today, we went to apply for my social security card. Do we have to fill out any forms (i485 maybe?) for me to get my green card? Is it feasible for me to apply for a travel permit so that I can travel back to Paraguay with my daughter so she can properly finish her school year and if so, is it better if I apply for a travel permit at a local USCIS office? Or do I have to wait until I get the green card in the mail to make any travel plans?

 

Thank you all for your tips.

 

 

If you arrived via an IR-1 visa, you are already a Green Card holder.  Your plastic Green Card will be automatically mailed to you. Until it arrives, your stamped IR-1 visa acts as a full-fledged Green Card for a year.  Unless you are planning to remain outside the US for more than a year, you do not need travel authorization to re-enter the US.   There is no need for an I-485.  

Edited July 10, 2023 by Crazy Cat

[Mike E 11,739]

56 minutes ago, marcris said:

We would like her to finish her school year in Paraguay in November of 2023 while we still navigate how the school system here is.

 

Today, we went to apply for my social security card. Do we have to fill out any forms (i485 maybe?) for me to get my green card? Is it feasible for me to apply for a travel permit so that I can travel back to Paraguay with my daughter so she can properly finish her school year and if so, is it better if I apply for a travel permit at a local USCIS office

When would you leave the U.S. and when would you return?

[marcris 0]

Essentially, my question now is if I can travel with my Immigrant Visa on my passport since it was issued in February of 2023 and expires at the end of this month. The IO told me yesterday at the POE that I would get the plastic green card in a few months. There is a note on the IV that says that “upon endorsement it serves as temporary I-551 evidencing permanent residence for 1 year”. My daughter and I have to travel next month and return at the end of November. I am not sure whether I’ll receive the plastic green card by then which is why I thought I would need a travel permit. 

[Lil bear 4,181]

44 minutes ago, marcris said:

Essentially, my question now is if I can travel with my Immigrant Visa on my passport since it was issued in February of 2023 and expires at the end of this month. The IO told me yesterday at the POE that I would get the plastic green card in a few months. There is a note on the IV that says that “upon endorsement it serves as temporary I-551 evidencing permanent residence for 1 year”. My daughter and I have to travel next month and return at the end of November. I am not sure whether I’ll receive the plastic green card by then which is why I thought I would need a travel permit. 

Your stamped visa in your passport is now your permanent resident documentation. It is valid for 12 months from your date of entry .. during which time your physical GC will arrive and that then becomes your documentation.  You do not need to do anything else… as long as you have paid the $220 GC fee.  Use the stamped visa when you reenter, apply for SSN, apply for a job, apply for a drivers licence etc 

 

Dont confuse the visa… used once to gain entry to be granted LPR status .. the visa expiry date has no bearing now you ate in the US. Its done its job .. with the STAMPED visa, which was stamped / endorsed on entry and is now a different document for USCIS purposes  I 551a to be precise 

Edited July 11, 2023 by Lil bear

[Mike E 11,739]

53 minutes ago, marcris said:

My daughter and I have to travel next month and return at the end of November

 

 

6 hours ago, marcris said:

I arrived here in Florida yesterday with my daughter.

So from the day you arrived July 9 to your day of departure (August 1), you will have been here 24 days.

 

August 2 to November 29 is 120 days.

 

This is not good. Your LPR status is for living in the U.S.  Spending 120 of 144 days outside the U.S. is not living in the U.S.  

 

You need to file I-131 to get a re-entry permit. It will not be issued before you leave. The receipt will be received and this is evidence you did not intend to abandon your LPR status. You will likely have a biometrics appointment and will need to return to the U.S. for that.

 

 

[Crazy Cat 41,811]

11 hours ago, marcris said:

Essentially, my question now is if I can travel with my Immigrant Visa on my passport since it was issued in February of 2023 and expires at the end of this month. The IO told me yesterday at the POE that I would get the plastic green card in a few months. There is a note on the IV that says that “upon endorsement it serves as temporary I-551 evidencing permanent residence for 1 year”. My daughter and I have to travel next month and return at the end of November. I am not sure whether I’ll receive the plastic green card by then which is why I thought I would need a travel permit. 

That endorsement stamp means the visa acts as a Green Card for 1 year FROM THE DATE YOU ENTERED THE US.  The expiration date printed on the visa is irrelevant once you have entered.

Edited July 11, 2023 by Crazy Cat

[Mike E 11,739]

9 hours ago, Mike E said:

You need to file I-131 to get a re-entry permit

This confuses our Central Chimpanzee. The fact is CBP has been known to pressure new LPRs who do not live in the U.S. 

[marcris 0]

Thank you all. This is a relief because we are a bit overwhelmed about my daughter’s continuing education. We’ll make sure to bring her school’s report card and other school records on our next US arrival in November. We do not expect our stay outside the US beyond 180 days. I was lectured about trips outside the US both at the embassy and Poe

[Mike E 11,739]

2 minutes ago, marcris said:

I was lectured about trips outside the US both at the embassy and Poe

What did they say?

[marcris 0]

That in any calendar year I should not remain outside the US beyond 180 days or my permanent resident status could be revoked and that it is also at the discretion of the IO at Poe to admit

[Crazy Cat 41,811]

13 minutes ago, marcris said:

and that it is also at the discretion of the IO at Poe to admit

No.  Not true.  In that situation, CBP could try to make you sign an I-407 which would voluntarily surrender your legal status.  However, you can (and should) refuse.  The only power they actually have, in that situation,  is to refer you to an immigration judge.  Only a judge can revoke your legal status. 

Edited July 11, 2023 by Crazy Cat

[Mike E 11,739]

6 minutes ago, marcris said:

That in any calendar year I should not remain outside the US beyond 180 days or my permanent resident status could be revoked and that it is also at the discretion of the IO at Poe to admit

You were misinformed.

 

There is no maximum absence of 180 days in a calendar year rule. If there was, some LPRs would do stuff like be absent September 15 - April 15 every other year. That is still an absence in excess of 180 consecutive days.

 

Legally the CBP officer at the port of entry has to admit you.

 

Actual CBP officers will look at your pattern of presence in and absence from the U.S. even if your absence is under 181 consecutive days.  If they see you spending more time absent than present (as you are planning) they might warn you. 

[Lil bear 4,181]

10 hours ago, Mike E said:

 

 

So from the day you arrived July 9 to your day of departure (August 1), you will have been here 24 days.

 

August 2 to November 29 is 120 days.

 

This is not good. Your LPR status is for living in the U.S.  Spending 120 of 144 days outside the U.S. is not living in the U.S.  

 

You need to file I-131 to get a re-entry permit. It will not be issued before you leave. The receipt will be received and this is evidence you did not intend to abandon your LPR status. You will likely have a biometrics appointment and will need to return to the U.S. for that.

 

 

Disagree. OP is both legal in this and has valid reasons to do so. Will she be questioned in secondary .. Maybe .. Will she be refused entry or given NTA. Nope