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marcris

Recently arrived IR1 - AOS and Travel Permit

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Filed: Citizen (apr) Country: Myanmar
Timeline
12 minutes ago, Lil bear said:

Maybe .. Will she be refused entry

You imply that I of all people would suggest an LPR would be denied entry?

 

12 minutes ago, Lil bear said:

or given NTA. Nope

Another baseless inference. What I did write, in a subsequent comment is:

 

31 minutes ago, Mike E said:

they might warn you


Starting off life as an LPR with warnings from CBP is not good.

 

16 minutes ago, Lil bear said:

OP is both legal in this

Disagree. LPR status is for living in the U.S. OP is not planning to live in the U.S. Filing I-131 is insurance.

 

Even you concede the possibility of a secondary (which I did not predict).
 

Would you rather she enter that secondary with a pending re-entry permit or without a pending re-entry permit? 

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Filed: Citizen (apr) Country: Australia
Timeline

I thought wrapping up some things in the home country after activating the green card is fairly normal? Unless OP plans to habitually take long trips out of the U.S., I don't see what the issue is. 

 

There are frequently posts here about doing just that. Here's one example. 

 

K1 to AOS                                                                                   AOS/EAD/AP                                                                      N-400

03/01/2018 - I-129F Mailed                                              06/19/2019 - NOA1 Date                                              01/27/2023 - N-400 Filed Online

03/08/2018 - NOA1 Date                                                    07/11/2019 - Biometrics Appt                                   02/23/2023 - Biometrics Appt
09/14/2018 - NOA2 Date                                                    12/13/2019 - EAD/AP Approved                               04/03/2023 - Interview Scheduled

10/16/2018 - NVC Received                                              12/17/2019 - Interview Scheduled                          05/10/2023 - Interview - APPROVED!

10/21/2018 - Packet 3 Received                                      01/29/2020 - Interview - APPROVED!                  OFFICIALLY A U.S. CITIZEN! 

12/30/2018 - Packet 3 Sent                                               02/04/2020 - Green Card Received! 

01/06/2019 - Packet 4 Received                                     ROC - I-751

01/29/2019 - Interview - APPROVED!                           11/02/2021 - Mailed ROC Packet

02/05/2019 - Visa Received                                             11/04/2021 - NOA1 Date

05/17/2019 - U.S. Arrival                                                     01/19/2022 - Biometrics Waived

05/24/2019 - Married ❤️                                                    02/04/2023 - Transferred to New Office

06/14/2019 - Mailed AOS Packet                                    05/10/2023 - APPROVED!

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19 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.

 

 

You are an LPR as of the moment you entered on your IR1. As long as you paid your immigrant fee, your green card will get printed and mailed to you eventually, that's literally the fee for them to print you a green card. If you haven't paid it I believe you should be able to do so here: https://my.uscis.gov/uscis-immigrant-fee/

 

You do not need anything else right now to apply for an SSN, the endorsed IR1 visa serves as proof of permanent residency for 1 year since entry and can be used in place of a green card to get a SSN, get a driver's license, work, travel abroad, etc.

 

You could file I-131 for a re-entry permit, you just need to stay in US to do biometrics and past that are free to depart, just denote on the form that you want the re-entry permits mailed to the consulate abroad.

 

Regarding your daughter, it's summer vacation in US right now, so you have about a month and a half to get her schooling sorted here, and have the school decide how to place her, and considering that the education standard of US is low I don't think she'd struggle with the material aside any possible language barrier.

Edited by Demise

Contradictions without citations only make you look dumb.

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Filed: Citizen (apr) Country: Canada
Timeline

I'll leave the entry stuff alone as the other have already helped you there. 

 

I'm with Demise here. Summer vacation is now getting your daughter to start school with the others will be so much more easier on her then waiting until the middle of the year. Where she will be place in the middle of a semester and not know anyone. At least at the start of the year she will have other new students to relate too.  What grade is she finishing there? Should be 3rd grade in the US. Coming in the middle of 4th grade will be rough the kids will already have their BFF's and she could feel even more out of place. The school might also think as she just finished the year in November that she will be behind half the school year in the US. Personally I doubt it but not all schools test for grade school to place a child. Explore the schools now and figure out where to place her and get her started this fall. Many schools start here in August. Do her a favour and start her in the fall for the easiest transition. 

Edited by Ontarkie
Spoiler

Met Playing Everquest in 2005
Engaged 9-15-2006
K-1 & 4 K-2'S
Filed 05-09-07
Interview 03-12-08
Visa received 04-21-08
Entry 05-06-08
Married 06-21-08
AOS X5
Filed 07-08-08
Cards Received01-22-09
Roc X5
Filed 10-17-10
Cards Received02-22-11
Citizenship
Filed 10-17-11
Interview 01-12-12
Oath 06-29-12

Citizenship for older 2 boys

Filed 03/08/2014

NOA/fee waiver 03/19/2014

Biometrics 04/15/14

Interview 05/29/14

In line for Oath 06/20/14

Oath 09/19/2014 We are all done! All USC no more USCIS

 

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Filed: Citizen (apr) Country: Myanmar
Timeline
51 minutes ago, beloved_dingo said:

I thought wrapping up some things in the home country after activating the green card is fairly normal?

I saw a case where after 6 months into the “wrapping up”thing including 2 intermediate trips to the US,  CBP questioned whether the LPR was actually living in the U.S.  It got worse  on the next trip, 2 months later. 

 

No absence exceeded 180 days.

 

6 months from “resident since”  until CBP noticed surprised me, as I had bought into the Visa Journey conventional wisdom on the unwritten “wrapping up rule”, even though I have been recommending applying for a re-entry permit during “wrapping up”. 

 

Well there is no “wrapping up” rule, and OP is trying for a new record: 4.8 months.

 

 

 

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Filed: Citizen (apr) Country: Ecuador
Timeline
3 hours ago, beloved_dingo said:

wrapping up some things in the home country after activating the green card is fairly normal

This is my overwhelming impression from years of reading posts on VJ.  In fact, several members have entered purely to activate the visa, then left immediately to handle things in the previous country.

 

When the OP activates the visa, she can explain the situation and ask CBP to note the relevant details in her file.  This act on her part can avert future problems in itself.

Edited by TBoneTX

06-04-2007 = TSC stamps postal return-receipt for I-129f.

06-11-2007 = NOA1 date (unknown to me).

07-20-2007 = Phoned Immigration Officer; got WAC#; where's NOA1?

09-25-2007 = Touch (first-ever).

09-28-2007 = NOA1, 23 days after their 45-day promise to send it (grrrr).

10-20 & 11-14-2007 = Phoned ImmOffs; "still pending."

12-11-2007 = 180 days; file is "between workstations, may be early Jan."; touches 12/11 & 12/12.

12-18-2007 = Call; file is with Division 9 ofcr. (bckgrnd check); e-prompt to shake it; touch.

12-19-2007 = NOA2 by e-mail & web, dated 12-18-07 (187 days; 201 per VJ); in mail 12/24/07.

01-09-2008 = File from USCIS to NVC, 1-4-08; NVC creates file, 1/15/08; to consulate 1/16/08.

01-23-2008 = Consulate gets file; outdated Packet 4 mailed to fiancee 1/27/08; rec'd 3/3/08.

04-29-2008 = Fiancee's 4-min. consular interview, 8:30 a.m.; much evidence brought but not allowed to be presented (consul: "More proof! Second interview! Bring your fiance!").

05-05-2008 = Infuriating $12 call to non-English-speaking consulate appointment-setter.

05-06-2008 = Better $12 call to English-speaker; "joint" interview date 6/30/08 (my selection).

06-30-2008 = Stokes Interrogations w/Ecuadorian (not USC); "wait 2 weeks; we'll mail her."

07-2008 = Daily calls to DOS: "currently processing"; 8/05 = Phoned consulate, got Section Chief; wrote him.

08-07-08 = E-mail from consulate, promising to issue visa "as soon as we get her passport" (on 8/12, per DHL).

08-27-08 = Phoned consulate (they "couldn't find" our file); visa DHL'd 8/28; in hand 9/1; through POE on 10/9 with NO hassles(!).

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Filed: Citizen (apr) Country: Ecuador
Timeline
6 hours ago, Mike E said:

our Central Chimpanzee

= the superior primate on VJ   :dance: 

06-04-2007 = TSC stamps postal return-receipt for I-129f.

06-11-2007 = NOA1 date (unknown to me).

07-20-2007 = Phoned Immigration Officer; got WAC#; where's NOA1?

09-25-2007 = Touch (first-ever).

09-28-2007 = NOA1, 23 days after their 45-day promise to send it (grrrr).

10-20 & 11-14-2007 = Phoned ImmOffs; "still pending."

12-11-2007 = 180 days; file is "between workstations, may be early Jan."; touches 12/11 & 12/12.

12-18-2007 = Call; file is with Division 9 ofcr. (bckgrnd check); e-prompt to shake it; touch.

12-19-2007 = NOA2 by e-mail & web, dated 12-18-07 (187 days; 201 per VJ); in mail 12/24/07.

01-09-2008 = File from USCIS to NVC, 1-4-08; NVC creates file, 1/15/08; to consulate 1/16/08.

01-23-2008 = Consulate gets file; outdated Packet 4 mailed to fiancee 1/27/08; rec'd 3/3/08.

04-29-2008 = Fiancee's 4-min. consular interview, 8:30 a.m.; much evidence brought but not allowed to be presented (consul: "More proof! Second interview! Bring your fiance!").

05-05-2008 = Infuriating $12 call to non-English-speaking consulate appointment-setter.

05-06-2008 = Better $12 call to English-speaker; "joint" interview date 6/30/08 (my selection).

06-30-2008 = Stokes Interrogations w/Ecuadorian (not USC); "wait 2 weeks; we'll mail her."

07-2008 = Daily calls to DOS: "currently processing"; 8/05 = Phoned consulate, got Section Chief; wrote him.

08-07-08 = E-mail from consulate, promising to issue visa "as soon as we get her passport" (on 8/12, per DHL).

08-27-08 = Phoned consulate (they "couldn't find" our file); visa DHL'd 8/28; in hand 9/1; through POE on 10/9 with NO hassles(!).

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Filed: Citizen (apr) Country: Canada
Timeline
20 minutes ago, TBoneTX said:

This is my overwhelming impression from years of reading posts on VJ.  In fact, several members have entered purely to activate the visa, then left immediately to handle things in the previous country.

I know a lot of people potentially flagpole, but it makes little sense to me.  You have 6 months from the medical to "wrap up business" in your former "home".  The idea of permanent residency is you reside. Permanently. In the US.  I might understand if someone was in extended AP or something, but for the most part, the better part of half a year is plenty.  

 

I do think that a lot of people think it's ok to do because it is a commonly held misconception that it's alright.  I'm with Mike E on this one - it's really not ok.  Many people, because it's a commonly held misconception, don't realize there are implications in their home country.  I see it all of the time on threads on the Canadian forum where people don't even realize their social benefits (health care, child tax credit, GST credits) all go away (there are some small exceptions) when they activate that greencard, on top of the implications in the US.  

 

Anyway, OP needs to verify that they paid the Greencard fee.  If not, that needs to get paid to receive the physical card.  

 

I also agree that it's easier to transition the young one into school sooner than later.  The district may choose to do a placement test anyway, especially if English is a second language, irrespective of how well she speaks it.  Kid1's friend is stuck doing this yearly despite him speaking English perfectly as his 4th language and being an all AP Honors student.  

Montreal IR-1/CR-1 FAQ

 

Montreal IR-1/CR-1 Visa spreadsheet: follow directions at top of page for data to be added

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Filed: Citizen (apr) Country: Australia
Timeline
6 hours ago, Mike E said:

You imply that I of all people would suggest an LPR would be denied entry?

 

Another baseless inference. What I did write, in a subsequent comment is:

 


Starting off life as an LPR with warnings from CBP is not good.

 

Disagree. LPR status is for living in the U.S. OP is not planning to live in the U.S. Filing I-131 is insurance.

 

Even you concede the possibility of a secondary (which I did not predict).
 

Would you rather she enter that secondary with a pending re-entry permit or without a pending re-entry permit? 

Dear Mike. Many of us as new LPR s returned to our “home country “

for a period of time to finalize our lives there .. I certainly did .. was I “living “ there.. yes .. I was hiring and training my job replacement ..  i was packing out 40’ container and watching it be picked up for shipping to my home in the US. This is reasonable and accepted and one of. Did I take a new job? Buy a new car? Buy a house ?? Enter into a new lease agreement ? No.  Everything this OP has described is all about finishing and closing in a timely matter and c returning to their home in the US. 
I’m out 🤪

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Filed: Citizen (apr) Country: Myanmar
Timeline
20 minutes ago, Lil bear said:

Dear Mike. Many of us as new LPR s returned to our “home country “

And many people speed on the freeway and do not get caught.

 

22 minutes ago, Lil bear said:

was I “living “ there.. yes

You have admitted to not complying with the requirements of LPRs status:

 

Thus your argument boils to do because you and others did not get caught:

 

* OP is unlikely to get caught

* Not getting caught makes it OK.

* So go for it OP! 

 

I speed all the time. Have not been caught since the 1980s. I do not advise others to speed.

 

This thread is full of VJ T&C violations. I am out.

 

 

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Filed: Citizen (apr) Country: Ecuador
Timeline
15 minutes ago, Mike E said:

This thread is full of VJ T&C violations.

Please cite them.

06-04-2007 = TSC stamps postal return-receipt for I-129f.

06-11-2007 = NOA1 date (unknown to me).

07-20-2007 = Phoned Immigration Officer; got WAC#; where's NOA1?

09-25-2007 = Touch (first-ever).

09-28-2007 = NOA1, 23 days after their 45-day promise to send it (grrrr).

10-20 & 11-14-2007 = Phoned ImmOffs; "still pending."

12-11-2007 = 180 days; file is "between workstations, may be early Jan."; touches 12/11 & 12/12.

12-18-2007 = Call; file is with Division 9 ofcr. (bckgrnd check); e-prompt to shake it; touch.

12-19-2007 = NOA2 by e-mail & web, dated 12-18-07 (187 days; 201 per VJ); in mail 12/24/07.

01-09-2008 = File from USCIS to NVC, 1-4-08; NVC creates file, 1/15/08; to consulate 1/16/08.

01-23-2008 = Consulate gets file; outdated Packet 4 mailed to fiancee 1/27/08; rec'd 3/3/08.

04-29-2008 = Fiancee's 4-min. consular interview, 8:30 a.m.; much evidence brought but not allowed to be presented (consul: "More proof! Second interview! Bring your fiance!").

05-05-2008 = Infuriating $12 call to non-English-speaking consulate appointment-setter.

05-06-2008 = Better $12 call to English-speaker; "joint" interview date 6/30/08 (my selection).

06-30-2008 = Stokes Interrogations w/Ecuadorian (not USC); "wait 2 weeks; we'll mail her."

07-2008 = Daily calls to DOS: "currently processing"; 8/05 = Phoned consulate, got Section Chief; wrote him.

08-07-08 = E-mail from consulate, promising to issue visa "as soon as we get her passport" (on 8/12, per DHL).

08-27-08 = Phoned consulate (they "couldn't find" our file); visa DHL'd 8/28; in hand 9/1; through POE on 10/9 with NO hassles(!).

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Filed: Citizen (apr) Country: Australia
Timeline
2 hours ago, Mike E said:

And many people speed on the freeway and do not get caught.

 

You have admitted to not complying with the requirements of LPRs status:

 

Thus your argument boils to do because you and others did not get caught:

 

* OP is unlikely to get caught

* Not getting caught makes it OK.

* So go for it OP! 

 

I speed all the time. Have not been caught since the 1980s. I do not advise others to speed.

 

This thread is full of VJ T&C violations. I am out.

 

 

Incorrect. I completely complied with all requirements for maintaing LPR status. 
1. Maintaining domicile and Residency in US

2. Intent and purpose of overseas travel being temporary

3. No absence greater than 180 days

4. No pattern of travel which could be construed or interpreted as abandonment of LPR status. 
 

Done. 😁. PS. I do not speed either 🤪

 

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Filed: Citizen (apr) Country: Australia
Timeline
On 7/11/2023 at 5:26 PM, Mike E said:

And many people speed on the freeway and do not get caught.

 

You have admitted to not complying with the requirements of LPRs status:

 

Thus your argument boils to do because you and others did not get caught:

 

* OP is unlikely to get caught

* Not getting caught makes it OK.

* So go for it OP! 

 

I speed all the time. Have not been caught since the 1980s. I do not advise others to speed.

 

This thread is full of VJ T&C violations. I am out.

 

 

  • Leaving the U.S. as an LPR is not illegal
  • Visiting your home country as an LPR is not illegal
  • Even extended absences (6+ months) are not illegal, but can possibly cause LPRs issues

Straight from a CBP article: 

If you are a lawful permanent resident (green card holder), you may leave the United States multiple times and reenter, if you do not intend to stay outside the United States for 1 year or more.

If you intend to stay outside the United States for 1 year or more, you must apply for a re-entry permit with the U.S. Citizenship and Immigration Service (USCIS) prior to leaving the United States.

https://help.cbp.gov/s/article/Article-820?language=en_US

 

Another CBP article:

Lawful Permanent Residents (LPR) of the U.S. must present a Permanent Resident Card ("Green Card", Form I-551), a Reentry Permit (if gone for more than 1 year), or a Returning Resident Visa (if gone for 2 years or more) to reenter the United States.

 

LPRs who are out of the U.S. for more than 180 days are subject to new immigrant inspection procedures as per 8 USC 1101.

https://help.cbp.gov/s/article/Article-1191?language=en_US

 

ANNND here's another one:

Legal Permanent Resident (LPR) Frequently Asked Questions

What will happen if I am out of the United States for more than six months?
Staying outside the United States for more than 6 months but less than one year will subject you to additional questioning when you return to the United States but you are not required to have a Reentry Permit. 

https://help.cbp.gov/s/article/Article1687?language=en_US
 

No one here has being speaking about leaving for over a year, and even then it is not "illegal". There is nothing illegal about taking one 4-5 month trip back to the home country after becoming an LPR. Even longer absences are not "illegal", there are just additional steps to take to avoid problems - otherwise we wouldn't even have options like a Reentry Permit or a Returning Resident Visa. Your speeding analogy is not relevant. 

Edited by beloved_dingo

K1 to AOS                                                                                   AOS/EAD/AP                                                                      N-400

03/01/2018 - I-129F Mailed                                              06/19/2019 - NOA1 Date                                              01/27/2023 - N-400 Filed Online

03/08/2018 - NOA1 Date                                                    07/11/2019 - Biometrics Appt                                   02/23/2023 - Biometrics Appt
09/14/2018 - NOA2 Date                                                    12/13/2019 - EAD/AP Approved                               04/03/2023 - Interview Scheduled

10/16/2018 - NVC Received                                              12/17/2019 - Interview Scheduled                          05/10/2023 - Interview - APPROVED!

10/21/2018 - Packet 3 Received                                      01/29/2020 - Interview - APPROVED!                  OFFICIALLY A U.S. CITIZEN! 

12/30/2018 - Packet 3 Sent                                               02/04/2020 - Green Card Received! 

01/06/2019 - Packet 4 Received                                     ROC - I-751

01/29/2019 - Interview - APPROVED!                           11/02/2021 - Mailed ROC Packet

02/05/2019 - Visa Received                                             11/04/2021 - NOA1 Date

05/17/2019 - U.S. Arrival                                                     01/19/2022 - Biometrics Waived

05/24/2019 - Married ❤️                                                    02/04/2023 - Transferred to New Office

06/14/2019 - Mailed AOS Packet                                    05/10/2023 - APPROVED!

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