Using the Visa
#1
Guest
Posts: n/a
Using the Visa
Ok, its round one, fingers on the buzzers and remember this is an elimination round so a wrong answer could have off you the show before we hit the big money prizes. My name is Bob Sparklefeet and your playing Win George W Bush's Money.
Ok, you ready? Heres the first question.....
Your an English guy married to an American Lady. You have both been living in the UK for 3 years and now want to move back to the US. You submit your I-130 petition to the consulate in London, you pass the medical and the interview. The visa is issued. You know you have 6 months in which to use it but HORROR! other circumstances dictate that you may not be able to move in the 6 months. The question is can you go over to the US for a short trip and have your visa validated etc etc. What considerations and conditions must one be aware of?
Remember...fastest finger first.
Ok, you ready? Heres the first question.....
Your an English guy married to an American Lady. You have both been living in the UK for 3 years and now want to move back to the US. You submit your I-130 petition to the consulate in London, you pass the medical and the interview. The visa is issued. You know you have 6 months in which to use it but HORROR! other circumstances dictate that you may not be able to move in the 6 months. The question is can you go over to the US for a short trip and have your visa validated etc etc. What considerations and conditions must one be aware of?
Remember...fastest finger first.
#2
Re: Using the Visa
Originally posted by darrenb:
Ok, its round one, fingers on the buzzers and remember this is an elimination round so a wrong answer could have off you the show before we hit the big money prizes. My name is Bob Sparklefeet and your playing Win George W Bush's Money.
Ok, you ready? Heres the first question.....
Your an English guy married to an American Lady. You have both been living in the UK for 3 years and now want to move back to the US. You submit your I-130 petition to the consulate in London, you pass the medical and the interview. The visa is issued. You know you have 6 months in which to use it but HORROR! other circumstances dictate that you may not be able to move in the 6 months. The question is can you go over to the US for a short trip and have your visa validated etc etc. What considerations and conditions must one be aware of?
Remember...fastest finger first.
Ok, its round one, fingers on the buzzers and remember this is an elimination round so a wrong answer could have off you the show before we hit the big money prizes. My name is Bob Sparklefeet and your playing Win George W Bush's Money.
Ok, you ready? Heres the first question.....
Your an English guy married to an American Lady. You have both been living in the UK for 3 years and now want to move back to the US. You submit your I-130 petition to the consulate in London, you pass the medical and the interview. The visa is issued. You know you have 6 months in which to use it but HORROR! other circumstances dictate that you may not be able to move in the 6 months. The question is can you go over to the US for a short trip and have your visa validated etc etc. What considerations and conditions must one be aware of?
Remember...fastest finger first.
Yes! Yes! Yes you can, phew!
You can go over there (by yourself if you want) activate the visa - while your there you could apply for your SSN and perhaps shop for some nice polyster t shirts.
What do I win, gimme Gimme, gimme!!!!
#3
Forum Regular
Joined: Apr 2002
Location: Atlanta
Posts: 132
Re: Using the Visa
Yeah, if you come in on an I-130 you can do this. You'll get your I-551 stamp in your passport and you'll be free to come and go as you please. I'm a little fuzzy on the whole residency requirements thing, but just as long as you don't stay out of the country for more than 6 months after doing this, you should be OK. Someone correct me on this if I'm way off base.....Damn you Patrick, you were too quick for me....
#4
Re: Using the Visa
Originally posted by jcsutton:
Yeah, if you come in on an I-130 you can do this. You'll get your I-551 stamp in your passport and you'll be free to come and go as you please. I'm a little fuzzy on the whole residency requirements thing, but just as long as you don't stay out of the country for more than 6 months after doing this, you should be OK. Someone correct me on this if I'm way off base.....Damn you Patrick, you were too quick for me....
Yeah, if you come in on an I-130 you can do this. You'll get your I-551 stamp in your passport and you'll be free to come and go as you please. I'm a little fuzzy on the whole residency requirements thing, but just as long as you don't stay out of the country for more than 6 months after doing this, you should be OK. Someone correct me on this if I'm way off base.....Damn you Patrick, you were too quick for me....
1. normal circumstances.
Once you have gone through Immigration and they stamp your passport with the I-551 (which is the same as the green card and has the same "power") then you are free to come and go to the UK provided you are not out of the US for more than 12 months.
The INS are quite aware of the fact that new PR's still have unfinished business in the UK that they may have to return to
deal with.
2. Thanks LD I think between all the replies I got enough advice to know what to to. I will activate the IV on the visit and apply for SSN and by the time I come over perminatly I will have a SSN and a green card and then (hopefully) will have less probs opening bank accounts and stuff.
3. You would start your clock earlier for Removal of Conditions (if you have it) and Naturalization.
Patrick
PS I still haven't received my prize yet!
#5
Guest
Posts: n/a
Re: Using the Visa
Congratulations Patrick,
your insightful knowledge of the US immigration system along with the quickest finger this world has seen since George Bush deleted Afghanistan from the offical White House Christmas Card database means you are through to the next round.
As for the rest of you....better luck next time but dont worry the lovely Cynthia McButterpants will take you back stage for a traditional Ukranian Rub down.
We'll take a break now before we head into the next round , " Take the money or marry the international honey"
Queue audience applause and Badger smoking a fat Havanna cigar.
your insightful knowledge of the US immigration system along with the quickest finger this world has seen since George Bush deleted Afghanistan from the offical White House Christmas Card database means you are through to the next round.
As for the rest of you....better luck next time but dont worry the lovely Cynthia McButterpants will take you back stage for a traditional Ukranian Rub down.
We'll take a break now before we head into the next round , " Take the money or marry the international honey"
Queue audience applause and Badger smoking a fat Havanna cigar.
#6
Guest
Posts: n/a
Re: Using the Visa
You could fly back on the next plane home if you want.
Of course, a lower priced alternative, if you don't need to go across
anyway, is to see if the consulate will revalidate the visa for a later
date.
Andy.
--
I'm not really here - it's just your warped imagination.
"darrenb" wrote in message
news:451423.1035289417@britishexpats-
.com...
> Ok, its round one, fingers on the buzzers and remember this is an
> elimination round so a wrong answer could have off you the show before
> we hit the big money prizes. My name is Bob Sparklefeet and your playing
> Win George W Bush's Money.
> Ok, you ready? Heres the first question.....
> Your an English guy married to an American Lady. You have both been
> living in the UK for 3 years and now want to move back to the US. You
> submit your I-130 petition to the consulate in London, you pass the
> medical and the interview. The visa is issued. You know you have 6
> months in which to use it but HORROR! other circumstances dictate that
> you may not be able to move in the 6 months. The question is can you go
> over to the US for a short trip and have your visa validated etc etc.
> What considerations and conditions must one be aware of?
> Remember...fastest finger first.
> --
Of course, a lower priced alternative, if you don't need to go across
anyway, is to see if the consulate will revalidate the visa for a later
date.
Andy.
--
I'm not really here - it's just your warped imagination.
"darrenb" wrote in message
news:451423.1035289417@britishexpats-
.com...
> Ok, its round one, fingers on the buzzers and remember this is an
> elimination round so a wrong answer could have off you the show before
> we hit the big money prizes. My name is Bob Sparklefeet and your playing
> Win George W Bush's Money.
> Ok, you ready? Heres the first question.....
> Your an English guy married to an American Lady. You have both been
> living in the UK for 3 years and now want to move back to the US. You
> submit your I-130 petition to the consulate in London, you pass the
> medical and the interview. The visa is issued. You know you have 6
> months in which to use it but HORROR! other circumstances dictate that
> you may not be able to move in the 6 months. The question is can you go
> over to the US for a short trip and have your visa validated etc etc.
> What considerations and conditions must one be aware of?
> Remember...fastest finger first.
> --
#7
Guest
Posts: n/a
Re: Using the Visa
Andy Platt wrote:
> You could fly back on the next plane home if you want.
> Of course, a lower priced alternative, if you don't need to go across
> anyway, is to see if the consulate will revalidate the visa for a later
> date.
Interesting idea. My wife and I never considered it (we assumed,
possibly incorrectly, that they would deny) and we did make a special
trip to validate her visa (and to visit family which we had not done in
some time)
We entered the US about 2 days before the 6 months was up last autumn
and returned to the UK 3 days later. As others have mentioned there
should be no problem at all on re-entry if you have been away less than
a year (I think it's less than 6 months if you care about maintaining
your "naturalisation timeline" but I'm not certain of that).
When my wife and I returned to the US some months after the original
entry her greencard was scanned just like a passport (it had arrived at
our US address n the interim and we had it send to us in the UK) and she
was only asked one question: "How long have you been out of the US?"
After she answered "3 months" we were on our way.
As a USC I have been asked the same question on entry to the US though I
wasn't that day. Once, I answered "about 18 months" and the INS officer
proceeded to ask me additional questions about where I lived, my job.
I'm not certain why he did this as I don't think the answers ought to
have affected by ability to enter the US in any way. Do US citizens ever
get sent to secondary inspection?
> You could fly back on the next plane home if you want.
> Of course, a lower priced alternative, if you don't need to go across
> anyway, is to see if the consulate will revalidate the visa for a later
> date.
Interesting idea. My wife and I never considered it (we assumed,
possibly incorrectly, that they would deny) and we did make a special
trip to validate her visa (and to visit family which we had not done in
some time)
We entered the US about 2 days before the 6 months was up last autumn
and returned to the UK 3 days later. As others have mentioned there
should be no problem at all on re-entry if you have been away less than
a year (I think it's less than 6 months if you care about maintaining
your "naturalisation timeline" but I'm not certain of that).
When my wife and I returned to the US some months after the original
entry her greencard was scanned just like a passport (it had arrived at
our US address n the interim and we had it send to us in the UK) and she
was only asked one question: "How long have you been out of the US?"
After she answered "3 months" we were on our way.
As a USC I have been asked the same question on entry to the US though I
wasn't that day. Once, I answered "about 18 months" and the INS officer
proceeded to ask me additional questions about where I lived, my job.
I'm not certain why he did this as I don't think the answers ought to
have affected by ability to enter the US in any way. Do US citizens ever
get sent to secondary inspection?
#8
Account Closed
Joined: Sep 2002
Posts: 16,266
Re: Using the Visa
Originally posted by darrenb:
Ok, its round one, fingers on the buzzers and remember this is an elimination round so a wrong answer could have off you the show before we hit the big money prizes. My name is Bob Sparklefeet and your playing Win George W Bush's Money.
Ok, you ready? Heres the first question.....
Your an English guy married to an American Lady. You have both been living in the UK for 3 years and now want to move back to the US. You submit your I-130 petition to the consulate in London, you pass the medical and the interview. The visa is issued. You know you have 6 months in which to use it but HORROR! other circumstances dictate that you may not be able to move in the 6 months. The question is can you go over to the US for a short trip and have your visa validated etc etc. What considerations and conditions must one be aware of?
Remember...fastest finger first.
Ok, its round one, fingers on the buzzers and remember this is an elimination round so a wrong answer could have off you the show before we hit the big money prizes. My name is Bob Sparklefeet and your playing Win George W Bush's Money.
Ok, you ready? Heres the first question.....
Your an English guy married to an American Lady. You have both been living in the UK for 3 years and now want to move back to the US. You submit your I-130 petition to the consulate in London, you pass the medical and the interview. The visa is issued. You know you have 6 months in which to use it but HORROR! other circumstances dictate that you may not be able to move in the 6 months. The question is can you go over to the US for a short trip and have your visa validated etc etc. What considerations and conditions must one be aware of?
Remember...fastest finger first.
Sorry about the lack of speed.
On extending the validity of the visa -- take a look at 221(c) of the Immigration & Nationality Act -- the visa CAN be extended but only within the fiscal year in which it was issued! So if your visa was issued before September 30, 2002, you are out of luck. If it was issued in October 2002, it can be extended. However, you would have to show reasons "beyond your control" for the delay.
To your actual question -- it is quite common for people to do precisely what you propose. They enter the US to take up their LPR and return to wind up affairs back in the home country. Note this is NOT the same as taking up LPR and then returning to the actual "home" in the home country. You may want to read a case called "Matter of Huang" wich can be found in volume 19 of the Immigration & Nationality Decisions which can be found on-line in the EOIR virtual library.
I wouldn't be surprised if your wife must accompany you on that first trip stateside in order to effectuate the I-864.
Also, there may very well be taxation issues involved. This is outside of my expertise and I do NOT know the ins and outs -- but once you are admitted on the visa -- your WORLDWIDE income becomes subject to US income tax [as has been your wife's all along as a US citizen].
Good luck.