neuser

Hi,

After a long and frustrating 8 months I have just received my IR1 Immigrant Visa..!
This should be a cause for celebration.. and yet..

As I understand it I now have a maximum of six months before I have to use this visa.

I am British, my wife and children hold dual US/UK nationality.
My wife and I have been married for over three years so getting the immigrant visa was reletively painless.

We are trying to sell our house in London! In the current financial climate this could take some time..! We feel that we cannot really afford to make the move stateside without selling the house. Renting would not release the capital we need for the move.

It is my understanding that following immigration I have to reside in the US for at least six months of the year, if I fail to do this I will lose my right to a Green Card.

My wife and children are now in the States on an extended vacation, it was my intention to join them just as soon as I received my visa.. but only for a holiday.. I have no intention of staying at this time.. mainly because of my job here in London (I need to continue to pay the mortgage)

Is there a way for me to enter the US without going through immigration proceedings? ie. Visa Waiver? Thus giving me an extra six months to sell the house. Not to mention getting to see my family!!

If I enter the US now as an immigrant it is my fear that I will eventually lose my Green Card, which considering how much time and effort went into this, would be no small disaster..!

I could give my visa back to the embassy? With the intention of re-applying at a later date? If I did this would I be able to visit the US?

I promised my four year old son that I would see him in two weeks!!

Please, If anyone out there has any ideas or advise I would be very grateful.
I'm beginning to wish we hadn't bothered..!!

Thankyou,

R

Noorah101

Not exactly. There is no hard and fast rule on this. The main requirement is that you should make the USA your permanent home, and not abandon your residency in the USA.

It's better to go ahead and activate your PR status, then apply for a re-entry permit before you head back to the UK. The re-entry permit helps establish that you do not intend to abandon your PR status, and it allows you to be outside the USA for up to 2 years.

You could turn your visa back in, never use it, and reapply at a later date...but it's not worth it in my opinion. Then your wife would have to file in the USA, you'd wait another 8 to 10 months for your visa, re-pay all the fees, re-do all the paperwork, attend another interview...

No problem! Go to the USA, activate your PR status, spend time with your family, apply for the re-entry permit, and then come back to the UK to try to sell the house. Many people do just exactly that.

Best Wishes,
Rene

Noorah101

p.s. - I moved your thread to the appropriate marriage-based visa forum.

Rene
Moderator

neuser

Hi Rene,

Thankyou so much for your reply,
I'll look into the re-entry permit thing..

I'll be booking my flight in the morning!!

Thanks again!

R

Noorah101

www.uscis.gov, Immigration Forms, Form I-131 (used as a re-entry permit...that form has multiple uses).

You can send in the I-131, then you can go ahead and leave the USA. You don't have to have the re-entry permit in-hand before you leave.

You can either have it sent to your wife in the USA, and she can forward it to you, or you can have it mailed to the US Embassy in London for you to pick up in person.

Rene

meauxna

It's totally possible for you to arrange a bi-continental marriage and home while you are temporarily sorting out things in the UK.

Have no fear---yet!

Folinskyinla

Hi:

Sigh. Why make things difficult? Enter as the LPR then apply for ao I-131 for a re-entry permit. Immigrating and returning home to fix up loose ends is quite common. Don't make a habit of it.

neuser

Hello All,

Thankyou so much for all your great advice..
I am now in the US! having activated my Resident status..

I now need to return to the UK so that I can continue working, paying the mortgage and trying to sell our house.
My move stateside connot be completed without sellling.

My intention is to now file a form I-131 reentry permit,
As the sale of the house could well take over a year if not longer, certainly more than six months.

Some questions:

1. I was not aware that a biometric test was needed.
I won't be in the US long enough for this to take place.
Can this test take place at the US embassy in London?
and if so how do I organise this?

2. Should I file my I-131 now or wait until I reach the UK?

3. Given my circumstances, would another form be more appropriate?

4.The fee for this application is $305 plus an $80 dollar additional fee for the biometrics. What do I pay? and When?

I would be grateful for any advice or ideas you may have.

Thankyou again for providing such a great resource.

Rhys

hobbes79

1. Must be done in the US. If you get a biometric appt letter, going early rarely results in being turned away, so worth a try.

2. An I-131 can ONLY be applied for from within the US. If you apply from the UK, it will immediately be rejected.

3. Not that I know of. Though when I did it I did request the permit itself be sent to the US Embassy in London for collection... not sure if you can still do that though. If you can, it's a better option for your circumstances.

4. $385 in one cheque. Send it in with the I-131 forms filled out.

EDIT: And just some personal advice... I would consider dropping the price of the house. You can pick up some bargains over here right now, and all the signs are the strength of the dollar is increasing against the pound. What you may gain in extra sterling on the house you may lose in the exchange to dollars. Something to think about.

Noorah101

No. You must have the biometrics done inside the USA, before you leave to go back to the UK.

Since it's not possible to do biometrics overseas, you simply have to wait in the USA until you get your biometrics appointment, then you can leave as soon as it's done. Once you have the appointment notice, you can go earlier than that date, so that helps.

The I-131 MUST be filed from INSIDE the USA, before you leave. So you can't wait until you reach the UK on this one. However, you can leave the USA before you have the re-entry permit in-hand. You can request the re-entry permit be sent to your US consulate overseas, and pick it up there...or you can have it mailed to a US address and have someone in the USA send it to you in the UK (via a reliable, trackable method like Fed Ex).

No, a re-entry permit is the one you need. There isn't another form for your purpose.

You pay $385 by personal check (or whatever method is listed on the I-131 instructions - perhaps a money order or cashier's check). The funds must be in US dollars and I believe must be drawn from a US bank account (but double check the instructions). You send the check when you submit your I-131 form.

Best Wishes,
Rene

neuser

Hi Rene,

Thanks for your reply,

I'm afraid I can't wait until the Biometrics appointment, I fly on friday, and need to be back at work on Monday.

I will file the forms anyway. My 'intended date of departure' is shortly after they will receive the forms. Does this mean they will automatically turn down my request for re-entry? I can't really afford to fly back to the US for the Biometric test.

This whole process seems to be one big obstacle after another!!

What do you think i should do?

thanks,

Rhys

Noorah101

I should note here that this is not a given....but possible. Do you have any ties to the USA set up yet? A US address (even if a friend or family)? A US bank account? Those things also help to prove you are not abandoning your PR status while you stay in the UK for a few months. I wouldn't push it to the 6 months, maybe just a few months, to give work time to arrange for you to be gone for a few weeks, so you can return and have time to do the re-entry permit and biometrics.

Now that you've activated your PR status, make sure that you DO have a secure mailing address in the USA. Your green card and SS card will be showing up there in a few weeks.

Rene

Noorah101

Oh crud. I just edited my big long post....oops. Drat.

Rhys,

Your re-entry permit cannot be approved until the biometrics are complete.

The way I see it, your choices right now are:
1. Make arrangements at work to remain in the USA now until you can finish the biometrics; or
2. File the I-131 now, then make arrangements at work to return to the USA to do the biometrics; or
3. Don't file the I-131 on this trip, go back to the UK, and make arrangements at work to return to the USA in a few months and on that trip, stay long enough to file the I-131 and get the biometrics done.

Rene

neuser

Hi,

This may work?

2. File the I-131 now, then make arrangements at work to return to the USA to do the biometrics.

What do I do about the 'Date of intended departure', slot on the form? I don't want to lie. My date of departure is the 22nd. Do I put this down on the form? I could make up a later date but correct me if I'm wrong, My leaving and re-entering the US is always logged somewhere in the system. i.e. they will know that I am out of the country..

What if I make it very clear in the Part 4 'Information' slot that I intend to fly back to the States for my Biometric test? and for reasons beyond my control I cannot be in the States at this time?

What do you think?

Rhys

Noorah101

I think you're fine with your real date of departure. I doubt it will affect anything regarding the issuance of the re-entry permit. After all, you are allowed to leave the USA before you have the re-entry permit in hand, so you're not doing anything wrong. I don't even think you need the extra note of explaination. Just make sure you have someone watching your mailbox in the USA so when the biometrics appointment shows up, you can get over here in time. I believe they usually give about a 2-week notice ahead for biometrics.

Rene