Travel on ESTA with issued, valid but unactivated CR1 visa in the passport

[Hocnos 8]

Hi all. I know this might sound like a very strange question, but theoretically, if one is issued CR1 visa, could that person still travel to the US on ESTA for a visit, and not activate the residency (i551)? I know there are certain rules for multiple visa holders, but I can't find anything about this particular situation. In this scenario, the CR1 visa would be still valid. Any ideas?

Edited October 6, 2023 by Hocnos

[pushbrk 12,876]

24 minutes ago, Hocnos said:

Hi all. I know this might sound like a very strange question, but theoretically, if one is issued CR1 visa, could that person still travel to the US on ESTA for a visit, and not activate the residency (i551)? I know there are certain rules for multiple visa holders, but I can't find anything about this particular situation. In this scenario, the CR1 visa would be still valid. Any ideas?

Maybe, but why?  Why the "theoretical question"?

 

If you were allowed to enter, without having the immigrant visa endorsed then yes, the visa would remain valid until either used or it expires.  You could also, enter USING the CR1 or IR1 visa, but not stay long.  Your date of residency status would be established, and you would need to come back and start actually "residing" in the USA before within six months or so anyway.  So, again, "why"?

[Hocnos 8]

  

14 minutes ago, pushbrk said:

Maybe, but why?

 

For example: taxes. If you can postpone the start of your residency to the next year, your tax obligations would start in the next year, which might have significant financial implications.

Edited October 6, 2023 by Hocnos

[Dashinka 24,487]

It may be possible, but is at the discretion of CBP.  I found this old thread that seems to indicate land borders are more likely to allow the choice, but this a fairly rare question.  I can see the possibilities from the tax perspective,  it like I said, I believe it is ultimately up to CBP.

 

Good Luck!

 

 

[Hocnos 8]

2 hours ago, Dashinka said:

I found this old thread that seems to indicate land borders are more likely to allow the choice, but this a fairly rare question.

 

Thanks for the link to the old post, that was an interesting read. But seems the takeaway is that it won't be realistically possible. I would still be interested in knowing whether there are any official rules/guidance for CBP, or if its all just up to their interpretation.

[Amunah 62]

I would ask the cbp: Hi, I want to avoid paying taxes untill next year. Can you please not indorse my cr1? Pun intended. 
 

[JeanneAdil 6,491]

5 hours ago, Hocnos said:

  

 

For example: taxes. If you can postpone the start of your residency to the next year, your tax obligations would start in the next year, which might have significant financial implications.

SISU

 

u were apprvoed 10 /2

u can enter and not worry about tax issues

form 2555 when taxes are filed will exempt u for $112,000 of foreign  income

 

Line  37 Maximum foreign earned income exclusion. Enter $112,000 .of the form

https://www.irs.gov/pub/irs-pdf/f2555.pdf

 

Jeanne Niemi

[Chancy 6,241]

6 hours ago, Hocnos said:

if one is issued CR1 visa, could that person still travel to the US on ESTA for a visit, and not activate the residency (i551)?

 

@Family One tried something like that, but it didn't quite work out.  Not on ESTA, but on B2 --

 

 

[Boiler 45,466]

I can think of a few very viable reasons you would not want to trigger residency.

 

I can only think of going through a pre inspection site like Dublin so you can back out if needed.

[Hocnos 8]

2 hours ago, JeanneAdil said:

form 2555 when taxes are filed will exempt u for $112,000 of foreign  income

Thanks, but the tax situation is more complicated with foreign assets and investment accounts. Just considering the strategies.

 

46 minutes ago, Boiler said:

I can only think of going through a pre inspection site like Dublin so you can back out if needed.

That's an interesting idea! Perhaps explaining to CBP  the intent to just visit for holidays and postponing the final IV move to later due to timing/logistic reasons could work, but relies on CBP's understanding and discretion. I wish there would be an official guidance on this.

Edited October 6, 2023 by Hocnos

[JeanneAdil 6,491]

6 minutes ago, Hocnos said:

Thanks, but the tax situation is more complicated with foreign assets and investment accounts. Just considering the strategies.

Your plan to live in US/the foreign assets and investments will  always be a factor -no matter when u enter

[Boiler 45,466]

1 minute ago, JeanneAdil said:

Your plan to live in US/the foreign assets and investments will  always be a factor -no matter when u enter

 

Probably a timing issue, it can get complicated.

[OldUser 6,624]

No travel to the US - no CR1 activation?

I guess that's the easiest solution if taxes are important.

I don't believe you can have both (taxes advantages and ability to enter the US) at this time.