unconventional

Hi guys,

So my husband (UK citizen) has passed his interview and been approved for his I-130 application, now having received his final brown envelope that he has to present at border control to show that he has the right to his green card.

However our move to the states has been delayed. We are going to see my parents for a week in December anyway. We probably won't make the move to the states until Jan/Feb.

Should he present his envelope at border control even though he is not intending to reside in the US (yet) and will be returning to London in a week? Or should he go in on a tourist visa?

Just want to make sure we don't mess anything up. Thanks!

Noorah101

The I-130 was just a petition to establish the marriage with USCIS. He was actually approved for his Immigrant Visa at his interview in London.

When he gets to the POE, the officer will see the immigrant visa in his passport. It will be up to the POE officer how to admit him, but be prepared to be told that he MUST activate his PR status on THIS trip to the USA. If that happens, he will get an I-551 stamp in his passport which will be proof of his PR status for 1 year, until his plastic green card arrives in the mail. It will be OK to return to the UK for a few months to finish tying up loose ends for your move in Jan/Feb. Just be aware of any tax implications if you will be selling property after he becomes a PR. Also make sure you have a stable US mailing address to give the POE agent, so his green card and SS card can arrive safely while he's back in the UK.

He can ask to be admitted as a visitor, but I'm just saying to be prepared either way. It will be up to the POE agent which way to go. Your husband should bring the brown envelope with him on this trip, in case they won't let him enter as a visitor.

Rene

unconventional

Perfect, thanks Noorah.

One other questions - my husband was told he has to activate his PR within a certain amount of time and he can't remember if it was 90 days or 180?

Noorah101

He must use the Immigrant Visa by the expiration date on the visa. Usually this is 6 months, but could be less...double check the visa.

Rene

unconventional

Yes - 6months - phew! Thanks!

meauxna

The visa sticker in his passport has an expiration date on it.. check there. They are usually valid for 6 months from issue.

It's important for you to know that your husband becomes a PR when he is admitted with that visa, with all the responsibilities that go with it. You can check online for the article Now That You Are a Permanent Resident for details.

merz

Hi,

I was also worried about 'activating' the visa before I was ready for the big move, as I was approved only a week before I was going for a pre-arranged visit.

However, all was fine, they processed me at Atlanta and didn't question me about whether or not I was now 'staying for good'. They just gave me a "Welcome to America!".

However, upon the advice of the embassy official who approved me, I was prepared to explain that YES I am here to live and stay NOT just visiting.

It was a relief to get it done also.

best of luck
Merz