How long do I have to stay in the USA for when endorsing activating my IR1?

[est11 14]

Hi 

 

I received my spouse visa and my husband and I are not ready to relocate to the USA until July 2024 however my visa expires in May 2024. We plan to do a quick trip over for 5 days ($$$) and return to Australia to wrap things up. Is there a minimum amount of time I am required to remain in the USA when activating /endorsing my green card visa that is in my passport ? I know that it acts as a PR in the interim until I receive my green card. Does anyone know roughly when I will receive my actual green card? How long I must stay? Any other useful information will help me and others with the same situation? 

 

Thank you 

Edited March 7 by est11
needed to add some extra info

[Redro 4,611]

How long do you plan on being in  Australia? Where is your green card going to be sent? 
You can leave after a day or two after landing… if you need to get your GC for whatever reason stay in the US until it arrives… 

if you want to stay in Australia for more than 6 months though I would apply for a re-entry permit so you can stay outside the US for up to two years without losing your GC. 
Although, the stamp in your passport can be used as a GC for the first year SO

1. you can leave the day after you arrive

2. if you plan on being outside the US less than 6 months you don’t have to do anything extra 

3. if you need to stay out of the US for more than 6 months apply for a reentry permit (i131) and wait for biometrics. 
ETA: I lived in Korea and some of my friends traveled to Guam to activate the visa and then returned to Korea to wrap things up. So, you don’t have to actually land in the state or city you intend to live in…. Just get that stamp and then leave. Same day is fine. 

 

Edited March 7 by Redro

[top_secret 2,458]

17 minutes ago, Redro said:

ETA: I lived in Korea and some of my friends traveled to Guam to activate the visa and then returned to Korea to wrap things up. So, you don’t have to actually land in the state or city you intend to live in…. Just get that stamp and then leave. Same day is fine. 

 

We recently had a VJ member from the Philippines do a strait same day turnaround in Guam to activate a IR1 visa before it expired and returned to the Philippines to wrap things up before going to New York to live with her spouse a few months later.  They said immigration in Guam were understanding and they didn't have the slightest issue.

[Redro 4,611]

9 minutes ago, top_secret said:

 

We recently had a VJ member from the Philippines do a strait same day turnaround in Guam to activate a IR1 visa before it expired and returned to the Philippines to wrap things up before going to New York to live with her spouse a few months later.  They said immigration in Guam were understanding and they didn't have the slightest issue.

I think Guam is used to people from Asia activating their IVs in the country. 
Good to know it’s not just Korea. 

[Dashinka 24,649]

10 hours ago, est11 said:

Hi 

 

I received my spouse visa and my husband and I are not ready to relocate to the USA until July 2024 however my visa expires in May 2024. We plan to do a quick trip over for 5 days ($$$) and return to Australia to wrap things up. Is there a minimum amount of time I am required to remain in the USA when activating /endorsing my green card visa that is in my passport ? I know that it acts as a PR in the interim until I receive my green card. Does anyone know roughly when I will receive my actual green card? How long I must stay? Any other useful information will help me and others with the same situation? 

 

Thank you 

No minimum amount of time, enter the US, get your visa endorsed and you are now a US LPR albeit with a temporary proof (endorsed visa).  The only issues I saw with that recently was when a couple entered via land and somehow insinuated to the CBP officer that they really did not plan to reside in the US.  This was a foreign spouse from Canada (sorry, I don't have the link), and it was an interesting story.  That being said, quite a few folks need more time to wrap up their lives before moving to another country permanently.

 

The only thing I will add is you USC husband needs to enter the US ahead of you or at the same time.  I saw a story where the spouses were heading to the US, but from different parts of the world and the foreign spouse with their IR1 arrived first, so keep it simple. 

 

Good Luck! 

[Dashinka 24,649]

Here is the thread about the couple that experienced issues when entering on a spouse visa.

 

 

[powerpuff 6,744]

*** Topic moved from IR1/CR1 forum to General Immigration discussion as the question is about post POE ***