IR1 visa

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Old Jun 5th 2019, 4:41 pm
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Default IR1 visa

hello I have received my IR1 visa which was issued May 30 and expires June 13th, which is not enough time to travel to the US , my American wife that lives with me in the UK is my petitioner and has to travel at the same time to the US with me , I have contacted the US Embassy in the UK and they are saying let the visa expire and re do the medical and visa, my fears are will I be issued a new visa due to letting this one expire, it would have been simple if I was able to go the the US for a week and complete the visa and return and then move back to the US after our property in the UK had sold but I have been notified the petitioner has to be present does anyone have any advise please
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Old Jun 5th 2019, 4:48 pm
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Default Re: IR1 visa

My advice, get your and your wife's ticket and fly into the US before June 12th. Activate your visa (get it stamped), have lunch, dinner or breakfast at the airport and get on the next plane back to the UK.

The reason why your expiration date is so close to the issuance date is due to the date you had your medical. Your visa is only good for six months from the date of the medical. You must have had your medical quite some time before your interview.
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Old Jun 5th 2019, 5:33 pm
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Default Re: IR1 visa

Originally Posted by Galaxy01
hello I have received my IR1 visa which was issued May 30 and expires June 13th, which is not enough time to travel to the US , my American wife that lives with me in the UK is my petitioner and has to travel at the same time to the US with me , I have contacted the US Embassy in the UK and they are saying let the visa expire and re do the medical and visa, my fears are will I be issued a new visa due to letting this one expire, it would have been simple if I was able to go the the US for a week and complete the visa and return and then move back to the US after our property in the UK had sold but I have been notified the petitioner has to be present does anyone have any advise please
Why can you and your wife not travel to the USA within the next 8 days?

I agree with your fear of making a mess of things if you let this visa expire and try to get a new one - I would definitely NOT do that.

Your plan that you explain as "simple" is your best bet. You don't even need to stay a week. As Rete noted, all you need to do is enter the USA, make sure you have a US mailing address (to send the green card and SS card to), and then hop the next plane back. Yes, the petitioner needs to accompany you on the trip to activate your PR status. Why can't she?

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Old Jun 5th 2019, 6:08 pm
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Default Re: IR1 visa

Fly out Saturday, June 8 LHR - JFK leaving at 8:30am; return same day and arrive at LHR 6:30am Sunday.. cost about £2,000 with Virgin.
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Old Jun 6th 2019, 1:23 pm
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Default Re: IR1 visa

Thank you everyone for the advice, we have 5 children the youngest been 2 years old and we have a property to sell in the uk.
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Old Jun 6th 2019, 3:24 pm
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Default Re: IR1 visa

Originally Posted by Galaxy01
Thank you everyone for the advice, we have 5 children the youngest been 2 years old and we have a property to sell in the uk.
You're welcome. The property can be sold from outside the UK.

Are the kids USCs? If so, they don't need to make this quick trip to activate your PR status (only the USC spouse needs to accompany you).

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Old Jun 6th 2019, 5:23 pm
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Default Re: IR1 visa

You're welcome. The property can be sold from outside the UK.
While that's true, the OP should be aware of the potential for the IRS to be very interested in any capital gains from that sale if they are US tax liable at the time.
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Old Jun 6th 2019, 7:52 pm
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Default Re: IR1 visa

Originally Posted by civilservant
While that's true, the OP should be aware of the potential for the IRS to be very interested in any capital gains from that sale if they are US tax liable at the time.
Well if his wife has an interest in the property, the IRS will be interested irrespective of whether she is living in the UK, the US, or anywhere else in the world, or beyond it, As Boris Johnson found out a few years ago!

And if his wife has an interest in the property and if the property has been their home for two of the last five years, in other words if they sell within 36 months, then the US capital gains allowance of $250,000, or $500,000 if filing jointly, will apply.
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