IR1 visa holder travel to the US while spouse is abroad

[Ali91 5]

Can IR1 visa holder (first time) travel to the US if their spouse is not present at the moment in the US?

Also, is it advisable to apply for re-entry permit after receiving physical green card? Or we can apply for the re-entry permit while my green card is on the way? Actually I am in the middle of the contract and can't stay in the US for long time, so I am thinking to save some time and apply for re-entry permit and get it ASAP.

Thank you

[SalishSea 18,117]

1 hour ago, Ali91 said:

Can IR1 visa holder (first time) travel to the US if their spouse is not present at the moment in the US?

Also, is it advisable to apply for re-entry permit after receiving physical green card? Or we can apply for the re-entry permit while my green card is on the way? Actually I am in the middle of the contract and can't stay in the US for long time, so I am thinking to save some time and apply for re-entry permit and get it ASAP.

Thank you

Nope.  USC spouse must either already be in the US, or travel with the immigrant.

 

Green card is for living in the US-  if you are living and working elsewhere, you risk losing it. 

[Crazy Cat 42,183]

9 hours ago, Ali91 said:

Can IR1 visa holder (first time) travel to the US if their spouse is not present at the moment in the US?

Also, is it advisable to apply for re-entry permit after receiving physical green card? Or we can apply for the re-entry permit while my green card is on the way? Actually I am in the middle of the contract and can't stay in the US for long time, so I am thinking to save some time and apply for re-entry permit and get it ASAP.

Thank you

Be aware that there is at least one case where the person who requested an I-131 was denied entry into the US because she had never really lived in the US prior to the re-entry document being issued.  Something to be aware of.

[Ryan H 3,828]

Moved from Progress Reports to Process & Procedures.

[pushbrk 13,087]

Very risky idea.  If you don't already have the IR1 visa, it would be best to postpone the interview, so your contract is over before you enter.  Your plan plays fast and loose with the rules, even if the US Citizen is in the USA or enters with you. If the US Citizen is not ahead of you or with you, you will likely be denied entry.  You can try entering again before the visa expires, but trying to do things against the rules is a crazy risk.  Play it straight or don't play, is my advice.

 

[Ali91 5]

On 1/19/2025 at 9:10 AM, pushbrk said:

Very risky idea.  If you don't already have the IR1 visa, it would be best to postpone the interview, so your contract is over before you enter.  Your plan plays fast and loose with the rules, even if the US Citizen is in the USA or enters with you. If the US Citizen is not ahead of you or with you, you will likely be denied entry.  You can try entering again before the visa expires, but trying to do things against the rules is a crazy risk.  Play it straight or don't play, is my advice.

 

Thank you for your advice, However, I already received my IR1 visa which is too late for that. Also, I cannot leave in the middle of the contract, otherwise all my struggle in my career will be washed out. My current employer will of course not provide positive recommendation for my future jobs, I have seen it. And each time, my future job is more likely depends on the last employer recommendation. Just last question, how likely it will affect me if I abandon my green card now and apply for it again in the future? Will that be a 100% affected or if I provide my job reason I can apply again to get it?

[OldUser 7,400]

6 hours ago, Ali91 said:

Thank you for your advice, However, I already received my IR1 visa which is too late for that. Also, I cannot leave in the middle of the contract, otherwise all my struggle in my career will be washed out. My current employer will of course not provide positive recommendation for my future jobs, I have seen it. And each time, my future job is more likely depends on the last employer recommendation. Just last question, how likely it will affect me if I abandon my green card now and apply for it again in the future? Will that be a 100% affected or if I provide my job reason I can apply again to get it?

You're from Pakistan? What if new administration puts a ban for travel in the next few days?

The choice is yours, I'd think hard before abandoning IR-1

[mam521 2,165]

9 hours ago, Ali91 said:

Thank you for your advice, However, I already received my IR1 visa which is too late for that. Also, I cannot leave in the middle of the contract, otherwise all my struggle in my career will be washed out. My current employer will of course not provide positive recommendation for my future jobs, I have seen it. And each time, my future job is more likely depends on the last employer recommendation. Just last question, how likely it will affect me if I abandon my green card now and apply for it again in the future? Will that be a 100% affected or if I provide my job reason I can apply again to get it?

Maybe this sounds harsh, but what is more important?  Your partner or your job?  If your job is a priority over your life with your partner, you got your greencard under false pretenses to begin with.  

[appleblossom 3,030]

2 hours ago, OldUser said:

What if new administration puts a ban for travel in the next few days?

 

 

https://www.whitehouse.gov/presidential-actions/2025/01/protecting-the-united-states-from-foreign-terrorists-and-othernational-security-and-public-safety-threats/

 

Countries haven’t been announced yet but if I was the OP, I’d be getting to the US asap rather than risking it personally. 

[SalishSea 18,117]

10 hours ago, Ali91 said:

Thank you for your advice, However, I already received my IR1 visa which is too late for that. Also, I cannot leave in the middle of the contract, otherwise all my struggle in my career will be washed out. My current employer will of course not provide positive recommendation for my future jobs, I have seen it. And each time, my future job is more likely depends on the last employer recommendation. Just last question, how likely it will affect me if I abandon my green card now and apply for it again in the future? Will that be a 100% affected or if I provide my job reason I can apply again to get it?

You're not worried about another muslim ban?

[pushbrk 13,087]

12 hours ago, Ali91 said:

Thank you for your advice, However, I already received my IR1 visa which is too late for that. Also, I cannot leave in the middle of the contract, otherwise all my struggle in my career will be washed out. My current employer will of course not provide positive recommendation for my future jobs, I have seen it. And each time, my future job is more likely depends on the last employer recommendation. Just last question, how likely it will affect me if I abandon my green card now and apply for it again in the future? Will that be a 100% affected or if I provide my job reason I can apply again to get it?

You don't have a green card to abandon. You have an immigrant visa that will expire and be meaningless, if you don't use it.  You are dealing with this too late, to save any value to this visa process, unless you go ahead and immigrate.  Abandoning the current immigration process, means only that the petitioner will need to file a new petition and start over at a later date.  Expect the process to take about the same time this one did.

 

On the other hand, an employer in the USA, is very likely to accept that the reason you left your previous job was to immigrate to the USA. Any future job will be in the USA, not Pakistan.  People get new jobs in the USA frequently, without positive recommendations from their former employer, particularly if they have good reason to leave.   You do have good reason.  But still, your US Citizen Spouse must enter the USA before you, or with you.  They can leave again, but you need to maintain your permanent resident status.  That doesn't mean you can travel internationally.  See here about maintaining.  https://www.uscis.gov/green-card/after-we-grant-your-green-card/maintaining-permanent-residence

 

Edited 10 hours ago by pushbrk

[Unluckiest 0]

22 minutes ago, pushbrk said:

You don't have a green card to abandon. You have an immigrant visa that will expire and be meaningless, if you don't use it.  You are dealing with this too late, to save any value to this visa process, unless you go ahead and immigrate.  Abandoning the current immigration process, means only that the petitioner will need to file a new petition and start over at a later date.  Expect the process to take about the same time this one did.

 

On the other hand, an employer in the USA, is very likely to accept that the reason you left your previous job was to immigrate to the USA. Any future job will be in the USA, not Pakistan.  People get new jobs in the USA frequently, without positive recommendations from their former employer, particularly if they have good reason to leave.   You do have good reason.  But still, your US Citizen Spouse must enter the USA before you, or with you.  They can leave again, but you need to maintain your permanent resident status.  That doesn't mean you can travel internationally.  See here about maintaining.  https://www.uscis.gov/green-card/after-we-grant-your-green-card/maintaining-permanent-residence

 

 

3 hours ago, mam521 said:

Maybe this sounds harsh, but what is more important?  Your partner or your job?  If your job is a priority over your life with your partner, you got your greencard under false pretenses to begin with.  

Well said.