greymann

I'm US citizen and I have interview in one week with my wife and step-kids in the UK.

I read on travel.state.gov: "You must arrive and apply for admission in the United States no later than the visa expiration date printed on your visa. An immigrant visa is usually valid for up to six months from the date of issuance"

I also read that an application can be made to extend the visa if there's valid reason.

My questions are...

1. what happens if we can't travel before the visa expires? What process do we have to go through to move later?

2. can we visit for a short period to US within the 6 months just to finalize the immigration / green card process but then move back to the UK until we are able to move permanently?

3. If we make an application to extend the visa what are some possible "valid" reasons that they will accept?

ian-mstm

This isn't quite true. The visa used to be valid for 6 months from the date of issuance, but that's no longer true... it is now valid for 6 months from the date of your medical. This shortens the amount of time you have to get to the US.


The visa becomes invalid and can't be used.


You start over again... from the beginning.


Yes - indeed, this is what most people do. Keep in mind that once you enter the US and your visas are endorsed, you then become US permanent residents and the US becomes your permanent home. Visits back to the UK should not last more than 6 months at a time.

Be careful with the words "visit" and "move". They aren't interchangeable... you'll be moving to the US and visiting the UK - not the other way around!


Generally, you're looking at something akin to death or extreme illness requiring hospitalization. I've never heard of a visa application to extend being successful (not that I'm sure it hasn't happened, only that I haven't heard of it). I suggest you travel to the US to get the visas endorsed.

Ian

BunnyGirl

I've only seen one case on here and the visa wasn't extended but was reissued. Can't remember the circumstances now but I know it entailed redoing the medical (obviously) and I don't think it was easy.

greymann

So you're telling me that we literally have to start with 1-130's for each individual, pay all the same fees, and go through the approx. 1 year process with new background checks, medicals, etc. as if we'd never done anything?

On my number 3... I see your point. So is it that the UK would no longer recognize our status as permanent residents once the U.S. issues her green card, or just that stays over 6 months in the UK would create issues with immigration services in the U.S.?

Each of the step kids are British citizens, wife is a UK permanent resident, EU citizen.

Thanks!

md95065

The issue is that, once your wife and children become U.S. permanent residents, which will happen the moment that they enter the U.S. using their immigrant visas, the U.S. requires that they actually be "resident" in the U.S..

Generally, short trips of less than 6 months out of the U.S. are not a problem, and the first such "short trip" can, if necessary, start just as soon as they have entered the U.S. i.e. once they have been through U.S. immigration they could go and check in for the next flight back to the UK. The important thing to remember is that, as far as the U.S. is concerned, they are now U.S. residents and are just visiting the UK.

I don't know if the UK will care about this as far as your wife is concerned but, even if they do, it isn't relevant to the U.S. immigration issues.

Noorah101

Yes.

Once the wife and kids are US PRs (after they enter using their immigrant visas), they should be very careful not to spend too much time away from the USA, as that can result in abandonment of PR status. It's decided on a case-by-case basis, so the best we can say is "don't spend too much time outside the USA" in general.

By the time they have immigrant visas in-hand, they should pretty much be ready to move permanently to the USA. If there still needs to be a few things done to tie up loose ends, they can come to the USA, become US PRs, and then spend a SHORT time (i.e., a few months), back in the UK to finish up any final things. But they can't, for example, come to the USA, become US PRs, and then go spend another few years back in the UK until they're really ready to move permanently.

Rene

greymann

Makes perfect sense. I think 6 month is a reasonable window, just that, for one, they won't be able to finish schooling and one kid has his finals in the summer. I guess they figure if you really want to commit to the US you shouldn't care about small details like schooling and other last minute hitches.

Thanks for all the input. I will see what they have to say at interview on these details.

RICH

It sounds like you think the process should accommodate your needs. I suggest an attitude adjustment will make things easier to bear. There are hoops, and you must jump through them. Don't waste energy trying to avoid the hoops.

Springy6

Our visas were granted in January with an expiry of 9th July. We are planning on flying out to endorse them during the Easter holidays and then flying out for good once the school year ends. I think you're going to have to plan around something similar if you are committed to the move.

greymann

Thanks for any well-meaning advice but I think trying to figure out what you mean is an even bigger waste of energy. What hoop am I trying to avoid?

greymann

Yes, that's a great option, if needed.

RICH

Your post #1 question#1

Attitude.

Noorah101

A lot of children immigrate to the USA in the middle of a school year.

Also, attending school abroad is a very common reason for being outside the USA.

Rene

greymann

You're making an assumption. Let's not degrade the thread by getting personal. I agree keeping a positive attitude is mandatory with this kind of step.

RICH

Good Luck. Please keep us posted.