NandF

Hello all,

I hope I can get some light to a couple of questions I have regarding our impending move to the US.

I just received my passport back (this morning) with my CR1 visa on it plus the sealed envelope I need to take when we fly to America in the next few weeks.
My visa is valid until December 2nd (which is exactly 6 months after my medical, back in early June) so we need to time this accordingly.

The main questions are:

1 - When first arriving in the US - I understand I have to go through secondary visa processing. Anything I need to know about this apart from presenting my passport with the visa on it, plus all the sealed envelope for the embassy / CD rom with medical results from the doctors? Do I join the usual passport stamping lines or do I need to go somewhere else? How long is this process at the airport, on average?

2 - I will have a conditional Green Card, which lasts for 2 years after granted, before I can apply for a 10 year’ Green Card (we got married only 1.5 years ago even though we have been together for 13 years); can I still work, apply for driver’s licence, travel outside the US etc, as a regular Green Card holder?

3 - We are still in the process of selling our flat in London (in order to take that ££ and reinvest in our future US home) and the whole process will not be finished before early December. As such, we are thinking about going to the States shortly, in the next couple of weeks, so I can go through Secondary, secure my Green Card, spend a few days there over Thanksgiving etc, and THEN fly back to London and finalise our flat sale, shipping personal items etc. I don't suppose it will matter at all if I am in London when my actual Green Card and SS number arrive in America, right? (this is due to arrive at my inlaws in California who should be at home during that period of time); we only plan on being in London for a few weeks before heading back to California, this time for good. Any restrictions on that at all for me leaving/reentering the US?

Any advise/info will be much appreciated!

Many thanks in advance and good day to you all.

Fred.

Pulaski

1. Join the usual line. The CBP officer will direct you from there

2. You have a green card. Full stop. There are no "degrees" of green card. You can do just about anything a USC can do, except vote. You could report to work as soon as you have cleared immigration, literally!

You must obtain a CA drivers license once you "take up residence" in CA, which from what you said will probably when you return to the US after selling your flat. CA only gives you ten days to get CA license, which is wildly unrealistic given that you will have to do a road test, but you must use your best efforts to get a CA license ASAP.

BTW you can sell your flat while in the US - we left the UK in November 2001 with our house on the market, and eventually sold it in June 2002 while living in NY.

3. What you are planning is fine, and fairly common. You won't have a problem unless "wrapping up your affairs" in the UK takes more than six months.

Noorah101

1. No. Leave about 3 hours if you have s connecting flight.

2. Yes, all the same rights.

3. Yes. A short trip of a few months back to the UK will be fine. Don't stay outside the USA longer than 6 months.

Rene

NandF

Thanks Pulaski and Noorah101 - as always, you're both very straighforward with your answers and quick replies. Much appreciated!

Pulaski

You're welcome.

ian-mstm

Keep in mind that you must pay US capital gains tax on the sale of your flat if you sell the flat after you become a PR. You don't pay that tax if you sell before you become a PR but, given your timeline, it's likely unavoidable. Anyway, just a quick heads-up on that.

Ian

Pulaski

That's not the whole story. The gain will become taxable when you become a PR, but there will only be tax payable if the gain exceeds $500,000, (i.e. the first $500k is tax free) assuming you file your taxes jointly. The tax-free gain will be half that if you file separately for some reason.

S Folinsky

By way of general comment: It should be noted that the LPR status is not "temporary." Rather it is "lawful permanent residence" subject to a "condition." In the 1986 flurry of legislation, another act DID create a species of "temporary residence" but that is not what marriage visas are about.

There are many parts of US immigration law that are related to having "lawful permanent residence" status [e.g. the residence prerequisite to qualify for naturalization]. So, the 1986 "Immigration Marriage Fraud Act" imported the contract concept of "condition." For example, lets say one signed a 10-year lease in New York's World Trade Center with the tenency starting on September 1, 2001 and a certain amount of monthly rent being due. One of the conditions of the lease [implied in this case] would be that the Port Authority would provide the office space. On September 11, 2001, the condition failed and the concomitant to the pay the October 1, 2001 rent was excused; as were the subsequent rent payments.

So, the "conditional" green card is "permanent residence" but subject to a condition that one file the application to either remove or excuse the condition.

As I mentioned, other 1986 legislation [aka IRCA"] created a class of "temporary residents." Although almost all temporary residents adjusted to "permanent residence," the period of temporary residence did not apply for naturalization eligiblity.

zzrmark

Not forgetting to add that once conditions are removed you then become a lawful permanent resident - at least, permanent for 10 years, subject to renewal of one's Green Card

Congratulations OP, I picked my passport up today too

ian-mstm

At the risk of being pedantic... once you're an LPR, you remain an LPR whether or not the card expires. The card is proof of your status, it's not the status itself.

Ian

NandF

Thank you all! Those replies answer to many of my concerns. One thing I don't get, to be honest... Why is it suggested that I *only* have 10 days to apply for a driver's licence when I first arrive? I never heard of such thing - besides, that is impossible since it appears I will need my SS card to apply for California licence and that will take about 3 weeks or so to arrive. In regards to capital gains on the sale of my London flat... I better get in touch with a good US based tax guy then! :/

Noorah101

Most immigrants find it impossible to comply with the 10 day thing. Don't worry about it. Just drive carefully on your UK license until you get your SS Card and can apply for a US license.

Rene

Pulaski

That is what the law says in California. Like many laws, this time period varies from state to state.
Which is why I said ".... you must use your best efforts to get a CA license ASAP. " In any case, unlike someone relocating from another state in the US, you will have to take a road test (), and that will likely take a couple of months to schedule.

Just carry evidence with you that you have started the prpcess, otherwise you could be ticketed for driving without a valid license. This is rather unlikely, especially if you can show you were in the process but were unable to get a license any quicker. Ian has spooked you over the capital gain. There is nothing much to worry about unless you made over $250,000/$500,000 (depending on how you file your taxes), it is quite routine and doesn't require arcane knowledge of the US tax code.

ian-mstm

Hallowe'en is practically upon us! I didn't want anyone to feel left out!

Ian

NandF

Guys, that's brilliant! Thanks so much for your time and effort in responding, as always.
The 10 days deadline in applying for a licence - I get it now, it is if I'm planning on driving as soon as I arrive, which I'm not (I will leave that privilege to the other half ) I was just concerned because it sounded like I HAVE to do it then or else will loose the right to apply for it in the future, which didn't make sense to me (I will, however, apply for a driver's licence in due course, more likely in the new year)
About the taxes on the profit of the sale of our London home: yes, it is more likely to be over the mentioned threshold so I will for sure consult with a US-based tax guy. Just to be sure we are doing the right thing.

Now.... one more question if that's ok and I won't bother you guys any more! I am trying to get this exact info online but I am struggling to get the correct answer. The idea is to arrive in LA early next month, at that point get my passport stamped where my CR1 visa is (I believe that will be a temporary residence permit, valid for 1 year); then stay there for 4 weeks in order to get things done in regards to jobs, new home etc, THEN fly back to London early December for about 3 weeks, going back to LA for good just before NYE. My Green Card will probably be arriving at my designated US address by the time I'm back in London in December. Would that be an issue? I mean, in regards to be travelling outside the US before the Green Card arrives on the mail? Should I wait for it before I travel? Or will it be ok to re-enter the US without the Green Card in hand but with my passport stamped the the temporary one? I'm about to book those flights now and suddenly thought about this issue. I presume it will be ok but I rather check before I proceed. Thanks again in advance! Fred.