What to expect at POE

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Old May 26th 2014, 3:00 am
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Default What to expect at POE

My husband is coming over on his CR1 visa in July. I (USC) will have already been in US for 2 weeks.
His visit will be for a few weeks to see family and job hunt. But then we'll all be returning to the UK. His green card will be mailed to my sister's address. If we haven't moved within 5-6 months, we will relinquish it.
What type of questions should he expect at the port of entry? We plan to be upfront if asked and say that he's over looking for jobs but will be returning to the UK. Should he expect to be asked about his current job (ie, has he resigned yet?) any similar experiences?
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Old May 26th 2014, 3:28 am
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Default Re: What to expect at POE

He's unlikely to be asked much of anything. The interview process is over when he got his visa., He will hand over his packet, be fingerprinted, and welcomed to the US. There is no need, and likely no real opportunity to be "upfront" about anything. It is just an enhanced version of a regular entry to the US.

And BTW, your husband shou;ldn't voluntarily give up the GC if you decide not to move yet. While some people can lose it fairly quickly, it is not a given that your husband will do so after only six months.
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Old May 26th 2014, 3:43 am
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Default Re: What to expect at POE

Thanks for this info, it's reassuring.

We don't want to abuse the system and jeopardize our chances of applying for another visa in the future if this move doesn't work out. I guess that's why I thought, if we use the visa, get the green card (all while living/working in the UK) and don't move to the US within 6 months, we'd be better off giving it up.

If we don't give up green card and my husband is offered a job 8 months after visa's been used, for example (again, all this time we've been living and working in UK, though I understand he'd be liable for US tax), what happens? What do we tell his employer, that he has a valid green card and all is sorted?

This area seems quite gray...which makes me uncomfortable

Thanks again
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Old May 26th 2014, 4:45 am
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Default Re: What to expect at POE

Originally Posted by vtcarter6
I guess that's why I thought, if we use the visa, get the green card (all while living/working in the UK) and don't move to the US within 6 months, we'd be better off giving it up.
You have to readjust your thinking a bit here. Once you use the Immigrant Visa to enter the USA, you ARE living in the USA. He might go back to the UK to work for a bit, but according to USCIS, he now lives permanently in the USA. And once you use the Immigrant Visa to enter the USA, you HAVE moved to the USA. Your permanent residence will be the USA, and any trips outside the USA should be seen as temporary.

If we don't give up green card and my husband is offered a job 8 months after visa's been used, for example (again, all this time we've been living and working in UK, though I understand he'd be liable for US tax), what happens?
You mean 8 months after he goes back to the UK, after having become a US PR? Then he returns to the USA and begins working.

What do we tell his employer, that he has a valid green card and all is sorted?
You shouldn't have to tell the employer anything. The employer should assume he lives permanently in the USA, and can begin work immediately.

You are right, it's a very grey area. Prepare wisely.

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