Travel with CR1 visa after US POE

[Cybele 0]

I saw a thread where a K-1 visa holder left the US during the AOS phase [so stupid to use 'AOS' for BOTH Affidavit of Support and Adjustment of Status] and had or will have to start all over again with the visa process, and I am a bit worried about the exact process for MYSELF and MY SPOUSE. I was under the impression that my husband, a soon-to-be CR1 visa holder , could leave to US with a green card in order to finalize personal business as long as it was a short period of time and he spent the majority of the year in the US, like no more than a month or 6 months could be spent outside of the US.

Sooooo, please carify this for me - what is needed for a CR1 visa holder to return to a foreign country for 2 days or up to a week in order to finalize the sale of property, finalize leaving a job, or collect medical records, academic records, whatever? If our interview goes well and our CR1 visa is approved, my spouse will use a majority of the 6 months to get everything completed, but he knows that he must return after the CR1 visa is expired for the sell of property and final collection of documents.

Does a CR1 spouse need to ask for a 'stamp' at POE? I read a thread saying that you should ask for the stamp and then I read that they no longer give stamps on passport at POE because green card arrives quickly. This may be the I-151, Alien Registration Receipt Card that is no longer issued.

Do we need to submit some form for permission to travel?

Will green card arriving 6-8 weeks after arrival at POE allow travel to and from US? Is Form I-155 the green card? The United States Permanent Resident Card (USCIS Form I-551), formerly Alien Registration Card?

[ER Team :) 5]

I don't know much about CR1 visas...but know some about the AOS. When you file AOS file I-131 - Advance parole. They wont charge you for I-131 if you file it together with I-485. The I-131 takes up to 3 months. It's usually valid for 1 year and your husband will be able to leave U.S for short period of time. Hope it helps!

[Cybele 0]

[quote name=ER Team ' timestamp='1299143253' post='4515982]

I don't know much about CR1 visas...but know some about the AOS. When you file AOS file I-131 - Advance parole. They wont charge you for I-131 if you file it together with I-485. The I-131 takes up to 3 months. It's usually valid for 1 year and your husband will be able to leave U.S for short period of time. Hope it helps!

Yes, I have all of those forms, I am a collective hoarder and didn't know the differences between the different visa types until recently. I think the I-485, Application to Register Permanent Residence or Adjust Status and the I-131, Application for Travel Document pertain to K1 or maybe even the IR1 visa. The I-485 is to obtain a conditional green card that is valid for two years and I think the I-131 may be for them as well.

I know I have to submit the USCIS I-751, Petition to Remove Conditions of Residence but that is 2 years from our POE date.

We'll see who replies, someone has to know.

Edited March 3, 2011 by Cybele

[pushbrk 12,897]

[quote name=ER Team ' timestamp='1299143253' post='4515982]

I don't know much about CR1 visas...but know some about the AOS. When you file AOS file I-131 - Advance parole. They wont charge you for I-131 if you file it together with I-485. The I-131 takes up to 3 months. It's usually valid for 1 year and your husband will be able to leave U.S for short period of time. Hope it helps!

Really, if you don't know, just wait for somebody that does instead of confusing issues. OK?

A CR1 visa holder doesn't adjust status. They enter the USA with the conditional resident status the married K1 visa holder would have to adjust status to obtain. The CR1 visa holder is a CR1 resident upon entry. If they wish to depart on the next plane back home, they can come back to the US whenever they want, as long as they haven't been gone more than a year.

To the OP. Your visa will be stamped with an endorsement that serves as a green card for one year. Your actual card should arrive in about a month. You're free to travel internationally as you please, provided you maintain your US permanent resident status.

[Cybele 0]

Your visa will be stamped with an endorsement that serves as a green card for one year. Your actual card should arrive in about a month. You're free to travel internationally as you please, provided you maintain your US permanent resident status.

Great! That is what I was hoping simple stamp on a passport or the green card arriving in the mail serves the purpose! Conditional Resident with the same rights as a US Resident!

I appreciate the knowledge that everyone so willingly shares!

[rodceasar 34]

ER Team is correct and very accurate on his response!

[payxibka 10,045]

ER Team is correct and very accurate on his response!

[ER Team :) 5]

My response was correct and accurate - just not in relation to CR-1- My bad! I have the whole K1 going on in my head and missed the CR1 part. If you read I-134 form, its instructions - it says that if you're a conditional resident you do not need to apply for any reentry permit(I-134) (unless you're planning to stay abroad for more than a year). It says all you need is your resident's card. Therefore pushbrk's reply was not only accurate but also very relevant in this case. Mine - wasn't. Cheers!

[pushbrk 12,897]

ER Team is correct and very accurate on his response!

Would have been accurate if it had anything to do with the question asked. It didn't. The prudent response from somebody who has not relevant information is no response at all.

[quote name=ER Team ' timestamp='1299157849' post='4516130]

My response was correct and accurate - just not in relation to CR-1- My bad! I have the whole K1 going on in my head and missed the CR1 part. If you read I-134 form, its instructions - it says that if you're a conditional resident you do not need to apply for any reentry permit(I-134) (unless you're planning to stay abroad for more than a year). It says all you need is your resident's card. Therefore pushbrk's reply was not only accurate but also very relevant in this case. Mine - wasn't. Cheers!

Your response further confused the issue because it had nothing to do with the question at hand. Again, if you don't know, just wait for those who do.

[Wayne and Claudia 40]

To add one point, the CBP agent at POE informed my wife that since her GC will be in her married name and her passport (Colombian) will be in her maiden name (visa was in her maiden name as well) to carry an original copy of marriage license. He stated that it is actually to make leaving the foreign country easier than actually re-entering the US since all that information will show up on their computers. I know my wife must have showed our marriage license 4 times before boarding the plane. It could just be a Colombia thing, not sure. Of course once she has her Colombian passport name change it won't be an issue. Just wanted to share that tidbit.

[pushbrk 12,897]

To add one point, the CBP agent at POE informed my wife that since her GC will be in her married name and her passport (Colombian) will be in her maiden name (visa was in her maiden name as well) to carry an original copy of marriage license. He stated that it is actually to make leaving the foreign country easier than actually re-entering the US since all that information will show up on their computers. I know my wife must have showed our marriage license 4 times before boarding the plane. It could just be a Colombia thing, not sure. Of course once she has her Colombian passport name change it won't be an issue. Just wanted to share that tidbit.

Was this because her airline tickets were in the married name, different from her passport?

[Wayne and Claudia 40]

Was this because her airline tickets were in the married name, different from her passport?

No, her ticket was in her maiden name. They are tough at the Bogota airport. I would not have been surprised if she would have had to show it to go to the restroom

[GaryHod 0]

Yes, I have all of those forms, I am a collective hoarder and didn't know the differences between the different visa types until recently. I think the I-485, Application to Register Permanent Residence or Adjust Status and the I-131, Application for Travel Document pertain to K1 or maybe even the IR1 visa. The I-485 is to obtain a conditional green card that is valid for two years and I think the I-131 may be for them as well.

I know I have to submit the USCIS I-751, Petition to Remove Conditions of Residence but that is 2 years from our POE date.

We'll see who replies, someone has to know.

Hi All, I'm new here, but I happend to notice this post and thought it might be helpful to elaborate on the "Application for Travel Document, I-131. The purpose of this is while the I-130 is being processed under a K1 Visa, if your fiance(e) wants to travel back to, say their country of origin for ANY reason, they must have an approved I-131, aka "Advanced Parole (AP). If they do not, and they leave the USA without this, they most likely will not be able to come back to the USA, and you may have to start the whole process all over again!!.

Note to Forum Moderator(s), can you add this form to the Downloads page? I was also reading that awesome post on comparisons of K1 vs. K3. vs. I-130 visas, where it refers to the AP as a potential issue or Minus. But, it doesn't offer the solution as to filing a I-131 at the same time that you file the K1. Might be a good idea to add that there? Hope you all don't mind my pointing all this out, being a "noob" here.

By the way, many compliments to the site owners and moderators, this is the best No-nonsence web site I've found on the subjects covered. Hats off to you all!! and Thanks!!

[pushbrk 12,897]

Hi All, I'm new here, but I happend to notice this post and thought it might be helpful to elaborate on the "Application for Travel Document, I-131. The purpose of this is while the I-130 is being processed under a K1 Visa, if your fiance(e) wants to travel back to, say their country of origin for ANY reason, they must have an approved I-131, aka "Advanced Parole (AP). If they do not, and they leave the USA without this, they most likely will not be able to come back to the USA, and you may have to start the whole process all over again!!.

The above is not applicable to a CR1 or IR1 visa holder. Also, there is not I-130 filed EVER in the case of a K1 visa holder UNLESS they marry AFTER the 90 days allowed. An I-131 is NOT applicable in CR1 or IR1 case either. Your post is entirely off topic for a spouse visa and only serves to confuse an already resolved issue.

[Hik07 11]

Really, if you don't know, just wait for somebody that does instead of confusing issues. OK?

A CR1 visa holder doesn't adjust status. They enter the USA with the conditional resident status the married K1 visa holder would have to adjust status to obtain. The CR1 visa holder is a CR1 resident upon entry. If they wish to depart on the next plane back home, they can come back to the US whenever they want, as long as they haven't been gone more than a year.

To the OP. Your visa will be stamped with an endorsement that serves as a green card for one year. Your actual card should arrive in about a month. You're free to travel internationally as you please, provided you maintain your US permanent resident status.

Can you tell me if this is still the case? My wife would like to come here for 1 month only after interview is approved and then return back to China to finish up retiring paper work at her job ect. then return back in a few weeks. I'm guessing she will not have her green card yet before she returns back to China. Will she have problem returning to US. we have filed CR1 visa.....So she goes to interview we back to US she stays for about 1 month return back to China before green card is issued for 1 month then back to US. Its all about timing and her retirement.