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DCFers. How soon can one leave after entry

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DCFers. How soon can one leave after entry

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Old Feb 10th 2005, 10:46 am
  #16  
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Default Re: DCFers. How soon can one leave after entry

switiksangel wrote:

    >>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.
    >
    >
    > 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.

My wife's greencard was sent to her in the UK by my parents after we
left the US with the I-551 stamp in her passport. This was not a
requirement, however, it's just what we decided to do

    > ,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.

There is no need to wait for the card, the stamp is sufficient to reenter
 
Old Feb 11th 2005, 1:46 am
  #17  
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Default Re: DCFers. How soon can one leave after entry

Originally Posted by Rete

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.
I have read about, and seen the check box in the form DS-230 for a SSN. I have read that those who go the Consular way, dont need to file for a SSN as it has been requested already.

wondering if this is true.
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Old Feb 11th 2005, 1:58 am
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Default Re: DCFers. How soon can one leave after entry

Originally Posted by Folinskyinla
#1 -- this is not a legal question -- it is one of airline schedules.
) okay let me rephrase that, How soon can I leave the country after entering on a CR-1 Visa, without any legal repercussions and negative consecuences such as " you left before you could, you can not be allowed to reenter" when I return?

Originally Posted by Folinskyinla
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.
I know you said you are not too knowledgeable on this subject, but what would you mean by timing? am a resident of spain, on the same sort of agreement with Spain as those who work in embassies (agreements based on the Vienna convention). a bit more insight could help, and hey if it means saving money, I´ll look into it further here.

Originally Posted by 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.

Definetely not to long. Am actually hoping I can settle matters even before I leave and residence will definetively be in the US. Which is why I am dilly dallying with the submition of the checklist to the embassy. However, I dont want to take toooooooooo long.

UNLESS::::Not unless I get a new job offer/contract, dated after my entry stamp in the US, as I work for an International Organization with which the USA has a treaty with, (I have forgotten what the FAM number is LOL). Technically then, I would still be residing in the USA. but that bridge shall be crossed when I get to it. should it ever come my way later on.

Thanks for all your input. THAT GOES FOR EVERY ONE.

Last edited by switiksangel; Feb 11th 2005 at 2:04 am. Reason: had to correct qoute brackets
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Old Feb 11th 2005, 3:06 am
  #19  
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Default Re: DCFers. How soon can one leave after entry

Originally Posted by switiksangel
) okay let me rephrase that, How soon can I leave the country after entering on a CR-1 Visa, without any legal repercussions and negative consecuences such as " you left before you could, you can not be allowed to reenter" when I return?



I know you said you are not too knowledgeable on this subject, but what would you mean by timing? am a resident of spain, on the same sort of agreement with Spain as those who work in embassies (agreements based on the Vienna convention). a bit more insight could help, and hey if it means saving money, I´ll look into it further here.
Ask a tax accountant or the IRS at the US Consulate.

As said as soon as you can board a plane and leave. You will enter the US, you will be issued CR-1 status upon entry, the status will be noted on your passport with the I-551. With the I-551 you can leave the country, as both Mr. F and I said, as soon as you leave the secondard office, board a plane and fly off. There are no repercussions. Legally you are able to be outside of the US as a resident for up to one year without a re-enter permit. Most attorneys caution you should not be gone for more than six months to be on the safe side. If you think your business in Spain will take longer than six months to complete you can apply for a re-entry permit when you land in the US the first time (the I-131 must be applied for from the US but you don't have to be here for its issuance).


Definetely not to long. Am actually hoping I can settle matters even before I leave and residence will definetively be in the US. Which is why I am dilly dallying with the submition of the checklist to the embassy. However, I dont want to take toooooooooo long.

UNLESS::::Not unless I get a new job offer/contract, dated after my entry stamp in the US, as I work for an International Organization with which the USA has a treaty with, (I have forgotten what the FAM number is LOL). Technically then, I would still be residing in the USA. but that bridge shall be crossed when I get to it. should it ever come my way later on.

Thanks for all your input. THAT GOES FOR EVERY ONE.
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Old Feb 11th 2005, 3:07 am
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Default Re: DCFers. How soon can one leave after entry

Originally Posted by switiksangel
I have read about, and seen the check box in the form DS-230 for a SSN. I have read that those who go the Consular way, dont need to file for a SSN as it has been requested already.

wondering if this is true.

Yes and No. It can go either way. Some have had success with it and others have not.

If you have not received the SS# after 10 days from entering the US go to the nearest SSA office and request your status. You might not even be in the system and will have to reapply. Doesn't hurt to check the box but don't count on it being the only thing you have to do.
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Old Feb 11th 2005, 4:05 am
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Default Re: DCFers. How soon can one leave after entry

Originally Posted by switiksangel
)
I know you said you are not too knowledgeable on this subject, but what would you mean by timing? am a resident of spain, on the same sort of agreement with Spain as those who work in embassies (agreements based on the Vienna convention). a bit more insight could help, and hey if it means saving money, I´ll look into it further here..
Hi:

On the taxation issue -- rule of thumb -- once you are admitted to LPR, you are a US resident for tax purposes and your WORLDWIDE income is subject to US income tax, including capital gains. I am NOT up on the exceptions.

I am aware of one movie "star" who is married to a US citizen who has NOT obtained a green card, enters the US as a visitor or, if coming to work on an "O-1" visa, is the parent of US citizen children, makes sure to spend no more than 180 days per year in the US -- in order to avoid being subject to US taxation on non-US income.

I once obtained approval of an "extraordianry ability" I-140 for an Olympic Gold Medalist and we never filed for adjsutment because his CPA said he was nuts to do so since the majority of his income came from European endorsement contracts.
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Old Feb 11th 2005, 9:08 pm
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Default Re: DCFers. How soon can one leave after entry

Originally Posted by Folinskyinla
Hi:

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.
What's the difference between the 'stamp' and the 'visa'? The visa that my husband just got is a fancy shmancy sticker with raised embossed shiny stuff and his photo as well as lots of other security stuff. But it's not stamped anywhere. Does that happen at the POE? It says it is valid for one year but it 'expires' on 1August2005, six months from now. Does that just mean he must travel to the US before then, and the visa will be replaced by the plastic card some people mentioned here? And what's the "A" number?

Last of all, from what I've read here it sounds like we don't have to go through what you guys call AOS? We will get the GC in the mail, right?
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Old Feb 11th 2005, 9:59 pm
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Default Re: DCFers. How soon can one leave after entry

Originally Posted by DustyTraveller
What's the difference between the 'stamp' and the 'visa'? The visa that my husband just got is a fancy shmancy sticker with raised embossed shiny stuff and his photo as well as lots of other security stuff. But it's not stamped anywhere. Does that happen at the POE? It says it is valid for one year but it 'expires' on 1August2005, six months from now. Does that just mean he must travel to the US before then, and the visa will be replaced by the plastic card some people mentioned here? And what's the "A" number?

Last of all, from what I've read here it sounds like we don't have to go through what you guys call AOS? We will get the GC in the mail, right?
Hi:

Yes, the visa is good for travel within 6 months and then it will be evidence of status for year after entry.

BTW, since you do missionary work, look into the provisions for preserving residence for naturalization purposes if there is be more missionary work outside the US after having been present in the US for a year.

On the pedantic side, the term "visa" is commonly misused -- but all it is a document issued by a CONSULAR OFFICER which gives permission to travel to the US to then APPLY for "admission" at the port of entry.

As I mentioned, the immigrant visa is that sticker in the passport -- this is a NEW thing. It is good for six months to leave INDIA to commence continuous travel to the US. [e.g. if he comes by ship and leaves India on 8/14 and the voyage to the US takes 3 weeks, he is fine. These days, its more like if he runs into adverse weather in Frankfurt and is delayed].

All permanent residents are issued an "alien registration card" which is a high security card. It is commonly known as the "green card" because old versions of the I-151 card were green. The card is now green but it was not green for 40 years but now is again predominately green and is now issued on form I-551. [The I-151 was not particular secure and was replaced by the I-551 with security features in about 1980. The first versions of the I-551 were white, had no expiration date and are still good. The subsequent salmon colored versions introduced expriry dates].

When an immigrant lands at the POE, she goes through an inspection and is generally admitted as a permanent resident [sometimes subject to 2 year condition] at that point. The POE people put in an admission stamp which notes that they are being processed for the I-551 card and the stamp serves as temporary evidence of status and permission to work. This stamp has been in use for years and is now used in the new process of endorsing the visa to be evidence of admission to permanent residence for one year.

The "A" number is a number given to aliens in the United States with permanent personal files. It is an EIGHT digit number usually express in the following convention Axx-xxx-xxx. However, for the past few years, to avoid a possible "Y2K" thing, an extra place has been added on many computer generated forms to place a zero place holder at the beginning of a nine-digit number.

On the one new style IV I've seen, there was a nine digit number in the upper right hand corner of the data fields. But it has no "A" preceeding the number. However, the I-551 stamp at the POE, which DOES have the "A" number written by hand by the inspecting officer, had a number which matched the number on the visa.
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Old Feb 11th 2005, 10:22 pm
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Default Re: DCFers. How soon can one leave after entry

Originally Posted by Folinskyinla
Hi:.
On what basis to they decide on the '2 year conditon' for permanent residence? I've heard it sometimes has something to do with how long you've been married at the time. If so, and we've been married only 6 months upon arrival, we might have that condition, correct? If there is a '2 year condition' what do you have to do at the end of the 2 years? Is that the AOS interview?
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Old Feb 12th 2005, 12:19 am
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Default Re: DCFers. How soon can one leave after entry

Originally Posted by DustyTraveller
On what basis to they decide on the '2 year conditon' for permanent residence? I've heard it sometimes has something to do with how long you've been married at the time. If so, and we've been married only 6 months upon arrival, we might have that condition, correct? If there is a '2 year condition' what do you have to do at the end of the 2 years? Is that the AOS interview?

If you have the I-130 visa from the US Consulate or have your AOS interview stateside and are approved prior to your second wedding anniversary you will be a conditional permanent resident.

A conditional permanent resident must file for removal of conditions 90 days prior the expiration of the two year green card. At present you would file the I-751 at the appropriate service center. Usually there is no interview for removal. However, USCIS will randomly choose to send some I-751s to the district office for interviewing as a matter of quality control as I've heard it phrased or if they feel by the evidence submitted there might be fraud involved. If one does get chosen for an I-751 interview do not assume it is because they suspect fraud. More likely than not it is simply because you had the misfortune to have your petition pulled.

The AOS interview is the interview at the district office for the original green card.
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Old Feb 12th 2005, 4:42 am
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Default Re: DCFers. How soon can one leave after entry

Many thanks Mr.F (once again) for your "BTW" on a possible tax issue with selling property after entering with CR-1. Just another thing I never considered! Jill
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Old Feb 12th 2005, 6:14 am
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Default Re: DCFers. How soon can one leave after entry

Originally Posted by DustyTraveller
On what basis to they decide on the '2 year conditon' for permanent residence? I've heard it sometimes has something to do with how long you've been married at the time. If so, and we've been married only 6 months upon arrival, we might have that condition, correct? If there is a '2 year condition' what do you have to do at the end of the 2 years? Is that the AOS interview?
Hi:

You will have the 2-year condition. The green card is "permanent" but subject to the "condition" that an I-751 has to be filed to remove the condition within the 90 day period preceding ADMISSION. There are certain exceptions to the rule, but we need not go into that now.
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