Stack

Hello All,

I have recently secured my IR1 visa ( my wife is a USC ) and I have 6 Months to validate the visa bringing the sealed envelope with me. My question is this.

Once I head over to validate the visa (1 week stay ) my plan is to come back home and organise all the move ( house rent etc ). Does anyone know how long I can stay out of the country after I have validated the Visa? The embassy people did not have the answer.

Thanks in advance

Brian

dreamercon

You can generally stay outside the US for up to six months and come back without a problem. You can even stay up to one year but then you will break the continuity of residence for naturalization purposes and the immigration officer at entry will check more carefully if you have abandoned your residence and established a residence abroad. If you apply for advance parole, you can even stay up to two years.

However, these are just guidelines, if you keep coming to the US for a week every year or every six months year after year you may be found to have abandoned your residence.

In your case, I think a trip up to six months is almost certainly fine, and a trip up to a year is most likely fine too.

Rete

The USCIS says you must return within one year of exit. However, and it is a great big however, the border agent usually questions any stays outside of the US of six months or more. Be sure that you are not outside of the US for more than one year and be sure that you have proof that you were not abandoning your US residency by the time outside of the US.

Saying and proving that you need to square up matters in the UK before moving completely over to the US will be very helpful if questioned. \

Do you have a US address where your green card can be sent?

Rete

This is incorrect. A PR cannot apply for and receive advance parole. They can, however, use the I-131 to apply for and receive a re-entry permit which will allow them to be outside of the US for up to two years. There should also be proof that the PR did not mean to abandon residency even when using this permit.

dreamercon

You are right, it's called a reentry permit though the application is on the same form. Just woke up and still sleepy.

g1ant

I activated mine in and went back to the UK to renovate my house ready for sale and finish my Masters. I didn't finally move until almost two years after getting my green card. Came back at regular intervals (never stay out more than four months) and never had any problem at all with immigration on return.

As long as you go back at least once every six months you SHOULD be OK. YMMV.

Folinskyinla

Hi Brian:

On a pedantic note, what do you mean by "validate?" It seems that some of the responders equate that with "use" and one responder uses the term "activate."

Once the immigrant visa is issued, it is "valid" for six months and one "use" or "admission".

Now if you can't get here in six months, there is a procedure to re-validate the visa in limited circumstances, but that does not seem to be what you are asking about.

Now, if your question is whether or not you can "use" your visa and then return home to organize things -- then the answer is generally "yes" -- it is done all the time. Do note that there is case law on what is considered that "temporary" return to finish up affairs at home. Push it too far and you have abandoned PR.

As for documentation -- your visa will be endorsed with a temporary I-551 stamp at the port of entry. In due course, the I-551 will be sent to your US home of record -- and you can have someone forward it to you. The I-551 is a valid re-entry permit for up to a year from last exit from US. [BTW, do NOT assume this means you can stay outside of the US and maintain "residence" by the mere expedient of returning once a year. This happens to be a myth that doesn't want to die].

Good luck.

Stack

Thanks for the help.

When I said 'Validate' I did mean enter for the first time into the US using this PR status and hand over my sealed envelope. I will have to come back then to sort out leaving my job , selling a property and renting out another property which will all take some time.

Thanks again to you all for the help. I am Irish and did all my paperwork etc. through the American Embassy in Ireland in case anyone has any questions on this I would be happy to help out.

Brian

BritishGuy36

Not sure I agree with that, the wording on the visa clearly states "upon endorsement serves as temporary I-551 evidencing permanent residence for 1 year" - in other words it is a green card legal equivalent, hence can be used for entry into the US for up to one year from the date of validation.

Folinskyinla

Hi:

You have me confused somewhat. You properly note the language "upon endorsement serves as a temporary I-551 evidencing permanent residence for 1 year." This is entirely consistent with what I posted.

In fact, my posting had the following language:
"As for documentation -- your visa will be endorsed with a temporary I-551 stamp at the port of entry."

Why are you not "sure" that you agree with what both I and the Government write? The sticker in the passport ceases to be a "visa" and becomes an I-551.

BritishGuy36

I can't be bothered arguing pedantics today mate.

Laters....

Noorah101

No...it only serves as a 1-year temporary I-551 after it's been endorsed (upon endorsement). It doesn't get endorsed until you physically enter the USA.

The visa is valid for 6 months to enter the USA. When you enter the USA, the visa will be endorsed. Once the visa is endorsed, then it becomes temporary proof of your PR status for 1 year.

Rene

BritishGuy36

Yeah...that's what I said. You just rephrased it.

Folinskyinla

Hi:

Got it -- you now agree with what I posted, with the official language regarding the endorsement and now what Rene posted.

I'm glad the matter is now cleared up.

rwylie77

I'm in the same position, where I want to go over to validate my IR1, but need to come back to th UK for a couple of months to sort out house/job etc. However I need to validate my IR1 visa to be able to get the Social Security Number, which I need to get to be able to get a mortgage etc and I want to buy a house ahead of moving my family over.

The important question - how does this affect my tax position? I will still be earning in the UK for a couple of months after activating my IR1 - will I end up being taxed twice, and pay income tax in the UK and US while appearing to be resident in both countries?