switiksangel

I have been sitting on the petition which was approved the same day we presented(yes, I was surprised!!!), meaning not jumping to get all documents ready ASAP, but rather, "tranquilamente" and at my pace, even putting some things off, and working on other matters.

I thought I could get things done all before I go, but it seems that there are things which will take a bit longer.
I dont want to make the consulate think funny things, about why i havent been keeping in touch about it, and have been looking for other options.

the option of leaving for the states, as soon as the visa is issued, and then come back to Spain and attend to it. I have come to understand that there are no further filings or paperwork to do for a Cr-1/IR1 (other than removal of conditions for the cr-1)..

Questions.

1. How soon after I arrive in the US can I leave?
2. Do I need to wait for the green card?, not even to go to canada?
3. How long does it usually take for DCFers to get their green card and SSN?

I have been sitting on the petition, meaning not jumping to get all documents ready ASAP, but rather, "tranquilamente" and at my pace, even putting some things off.

I know! I know! We have the chance most would kill for. We decided to go via the DCF route as it is the quickest, but Spanish government were quicker in handing my husband a residence visa here, and so the rush to get togher is no longer as pressing as before.

If I get a nice reply, next wednesday, first thing I´ll go submit the DS230 PArt I, which they say is what really gets the ball rolling, and get to work, I mean really do it, no further delays, and send in the DS2001.

Please, give me good news,

Lost in Spain

Dan725

In answer to your questions;

1. I believe you can leave as soon as you like once you have the 1-551 stamp in your passport - it is my understanding that they allow people away to get their affairs in order. I just wouldnt be gone too long.

2. As per 1.

3. I got my greencard within 3 weeks of arrival, SSN a week later. Some people get it the other way round, some get it slightly faster, others wait a little longer.

Despite what I've said above, if you can hang on until the card is in your hand it'll probably be better, purely due to the fact that immigration officials are a diverse bunch all, it seems, trained by different people and they just play their own tune. If you got a chopper on your way back in with just a 1-551 stamp in your passport you might get delayed a bit.

switiksangel

Thanks for the info. I thought i had read wrong when someone said that they had the welcome letter(ssss) and green card sent on to them by a relative.

,Advice on waiting for it is also my first option, however, it shall remain to be seen if I can wait more than a month if it doesnt come right away.

Thank you again

Rete

1. As soon as it takes to board another plane to leave the country

2. No you will have the paper equivalent in your passport (I-551 stamp). Yes Canada is a country onto itself and not an extension of the US but the I-551 stamp would be sufficient to visit Canada.

3. As long as it would for anyone else. CR-1 or IR-1 status does not confer special time privileges. Could be one week to one year.

Dan725

I'd be extremely surprised if it takes more than three months on the outside, judging by my own experience and from what others have written about coming over the DCF route. And as far as as the CR-1 and IR-1 not conferring special time privileges, I'm not sure what you mean there, as soon as you get off the plane and get your I-551 stamp in your passport you are legal to work.

I know you are the guru of all matters Rete, so chances are I misunderstood you on that last part, just wanted to clear up any confusion that might arise for anyone else...

Folinskyinla

Hi:

#1 -- this is not a legal question -- it is one of airline schedules.

#2 -- The new style immigrant visa will be endorsed with an "I-551" stamp and it will be evidence of LPR status for a year. There is no magic in the plastic I-551 card. It will come when it comes. Shouldn't be too long.

#3 -- Green card itself -- your mileage may vary, but you have that one year evidence noted above, so it really doesn't matter. The SSN will come in due course.

BTW, if the affairs to take care of in Spain involve the sale of appreciated property, you might want to look into tax consequences on timing. I'm not competent in that area, just know that it should be looked into.

Folinskyinla

Hi:

A BTW -- it is quite common to enter as an LPR and then turn right around to clear up matters at home. However, subsequently, it that takes way too long -- you can be deemed to have abandoned LPR.

The two definitive BIA cases on abandonment of LPR are "Kane" in volume 15 of I&N Decisions and "Huang" in volume 19. [They can be found at www.usdoj.gov/eoir and drilling down in the "virtual law library].

In Huang, the immigrant had entered on her Immigrant Visa and then turned right around to go back to foreign home. Although she had purchased a house here, she actually lived in Japan and made yearly visits back to US. The Immigration Judge ruled that 1) she never established permanent residence and 2) if she did, she abandoned it. The BIA **OVERRULED** finding #1 -- they held, you enter on the IV, you obtain LPR. However, the exclsuion was upheld on point #2 -- abandonment.

Rete

In terms of when the card is manufactured and delivered which is what the OP was asking.

CR-IR are not special if they come in through DCF. You got your card in 3 months. Folks here who adjusted status inside of the US have recently gotten their cards in 3 weeks.

Having the right to work has nothing to do with special time privileges. Nor does having the I-551 stamp in your passport mean that your name will be on the SAVE system when the clerk at the SSA checks for verification of your status when you apply for your social security card. Remember you need a SS# in order to work. Some employers might accept you without it and with only a filing receipt for it but others won't.

What the OP has to remember is there are NO guarantees. You get the green card and the social security card when you get it. The I-551 is good for one year usually.

Note that Mr. Folinskyinla answered almost actually as I did ;-)

Folinskyinla

Hi:

BTW, I finally saw one of the new Immigrant Visas this week. [Actually a fax -- another attorney had never seen one and since she has Filipino practice, she doesn't trust documents shown by clients. This attorney and I exchange information and mutually refer cases all the time]. The new IV which is in the passport ALREADY has the "A" number on it. So I wonder if, and I don't know, if that means it gets into SAVE quicker.

BTW, the new IV is more convincing evidence of LPR status to a lay observer than the naked I-551 stamp. I wouldn't be surprised to see CIS later go over to some type of computer generated sticker in passports to replace the I-551 stamp. The State Department MRV's in the NIV field have been printed on HP LaserJets for nearly 15 years now.

Dan725

I got my card in 3 weeks. I was just saying that on the whole people generally get them with 3 months, thats all - true the I-551 is valid for a year - but my point was chances are you'll get one sooner.

Very true about the SSN. I went straight to the Social Sy Office the day after arrival, was not on the system and they said they would have to verify manually which could take a couple of months. So I went back 10 days later, indeed I was then on the system, and got my SSN within a week. I also concede that without a SSN, chances are that you won't be able to work, I was just pointing out that technically you are legal as soon as you get your stamp.

Indeed there are no guarantees, but I would be interested in hearing from anyone who DCF'd who has been held up more than the 3 months I mentioned. I know its good to err on the side of caution on these things, however, it seems to me that from my own and others experiences it's not the "potential" bother it could be.

Dan725

About time they smartened up that Visa, the I-551 stamp was not a good example of getting your moneys worth

Folinskyinla

Hi:

The I-551 is NOT valid for just a year. It is valid for TEN YEARS, unless the LPR is on a conditional basis -- then its good until the end of the conditional period.

Folinskyinla

Hi:

The Immigrant Visa has always been a much more secure form than the NIV's, especially before the MRV's came out. It was printed on very high quality security paper and had all types of security devices on it. The alien only kept the visa [which was in the "brown envelope"] from issuance to entry. The visa was then endorsed and placed in the "A" file.

The stamp showing that the I-551 was in process was simply evidence that the visa had been used.

Dan725

The I-551 stamp in passport is valid for one year from entry. Point being you should have your greencard well before then. I'm sure it could probably be renewed if needs be, but like I keep saying I'd be very surprised if any DCF person does not get all their stuff through within 3 months.

Dan725

Yes but wouldnt it be nice to have a decent looking stamp in your passport? I had my lovely CR-1 Visa printed on high quality special paper attached to brown packet for a couple of months before I came across never to be seen again once I got here! Doesnt change the price of fish especially as Ive got my very shiny and groovy looking greencard, but that I-551 stamp looks very cheapo