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Entering US on Immigrant Visa and Trip Abroad Before Receiving Green Card - Possible?

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Entering US on Immigrant Visa and Trip Abroad Before Receiving Green Card - Possible?

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Old May 25th 2018, 4:23 am
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Question Entering US on Immigrant Visa and Trip Abroad Before Receiving Green Card - Possible?

My wife has the visa, she has yet to do her initial entry to the US. We're living abroad on an expat assignment that'll finish soon, but given the 6-month entry requirement, possible processing time of ~2+ months to receive the green card at the US address (based on some shared experiences I've seen in forum posts here), and needing to close out affairs in our current residence abroad before moving back, it looks like we could have a situation where she'd need to make the entry visit and then leave the US before we can receive the green card. Anyone know if this is possible? Or does she need to stay in US at least until the green card shows up? If it comes down to it, I think we'll be able to make it work for her to stay put until the green card shows up, but that's gonna really throw our near-term plans for a loop if that's how it has to be done. Appreciate any comments someone could share from personal experience!
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Old May 25th 2018, 4:31 am
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Default Re: Entering US on Immigrant Visa and Trip Abroad Before Receiving Green Card - Possi

Originally Posted by Sratch
it looks like we could have a situation where she'd need to make the entry visit and then leave the US before we can receive the green card. Anyone know if this is possible? Or does she need to stay in US at least until the green card shows up?
Yes it is possible. The immigrant visa should say something like 'Upon endorsement serves as temporary I-551 for one year' - an I-551 is a green card. After it's been endorsed at the initial entry you can use it in place of a green card for a year while you wait for it to arrive.

Just be mindful of the abandonment rules if your expat assignment continues longer than expected.
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Old May 25th 2018, 4:38 am
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Default Re: Entering US on Immigrant Visa and Trip Abroad Before Receiving Green Card - Possi

You are aware that it is not six months from the date that the visa was issued but six months from the date of the medical. I'm assuming you are a USC and your wife has an Immediate Relative Visa -1 (IR-1) in her passport. Apologies if my assumption is incorrect. She cannot enter the US first. You need to enter together or the USC needs to enter and be in the US before she enters. Give an address of a friend or family member that you trust where the card can be mailed to when you enter at the POE.

The green card can take 10 days to 10 months to be manufactured and delivered via mail so there is no waiting around to get it before leaving to return to her overseas assignment. As Olly stated, she will get the I-551 stamp in her passport and that is the paper green card and good for re-entry when she wants to return to the US. Just be sure that she is not out of the US for too long a time as it can be considered an abandonment of status.

Last edited by Rete; May 25th 2018 at 4:40 am.
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Old May 25th 2018, 4:49 am
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Default Re: Entering US on Immigrant Visa and Trip Abroad Before Receiving Green Card - Possi

Originally Posted by Rete
You are aware that it is not six months from the date that the visa was issued but six months from the date of the medical. I'm assuming you are a USC and your wife has an Immediate Relative Visa -1 (IR-1) in her passport. Apologies if my assumption is incorrect. She cannot enter the US first. You need to enter together or the USC needs to enter and be in the US before she enters. Give an address of a friend or family member that you trust where the card can be mailed to when you enter at the POE.
Thanks for your comments for clarification. Yes I'm aware of the 6 months requirement being from the date of the medical exam. That was just a few weeks ago, so we've got most of the time available for us to work with. I'm a USC and I was planning to go with her for this first entry visit regardless of the timing, so that's fine. It's the question about whether it's necessary to remain in the US or not until the actual plastic card arrives that we're a bit confused about, and if there's any special filing required for traveling abroad before that card arrives. I can get the card sent to us back at our place via FedEx or similar so we'd have it for our next visit afterwards, that's no problem. Just want to make sure we don't run afoul of some kind of travel restrictions or filing requirements during that interim period.

I'm aware of the abandonment issues mentioned, that's another area I'm looking to scope out. The expat assignment has a definite end date in a few months from now, but for sure we also would appreciate any comments on experiences from those in similar situations about how to manage this period of time where she may have some extended periods outside the US while we wrap things up. The USCIS embassy office mentioned the possibility to file some forms to clarify that aspect of our status, but I don't know what that process is yet. I've got a visit to the office soon to clarify that with them, how this ought to work and what needs doing.
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Old May 25th 2018, 6:20 am
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Default Re: Entering US on Immigrant Visa and Trip Abroad Before Receiving Green Card - Possi

You don't need any special paperwork after arriving in the USA. The I-551 endorsement is enough. No need to have the plastic green card sent overseas, either. The I-551 endorsement is enough. As long as the trip back to the UK is less than 6 months long, you should be fine.

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