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Can a person with CR1 immigration visa leave in few days after entering USA?

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  • Can a person with CR1 immigration visa leave in few days after entering USA?

    Hi All,

    I am a US Citizen and my wife has got Immigration visa CR1 that is expiring on 4 months i.e. Aug 01 2018. My 1 year old daughter's case is still in initial phase in NVC. So most probably my wife will have to come to USA alone leaving my daughter with my parents.

    So my questions are:
    1. In this case, can my wife come to USA, and at Port of Entry, provide all requested information, and after staying for few days, go back to the country? (So that she can take care of our daughter.) Meanwhile, after 15 days or 1 month of her entry, her GC and SSN will arrive in our address. I will keep it safe. Then, once my daughter gets her visa as well (hopefully less than six months), I go to the Country with her GC and SSN and return back with them?
    2. My wife's passport will have departure date stamped from USA which will be earlier than her GC issued date, will it cause any problem when entering at that time?

    Thank you all in advance.
    Last edited by supzepp; 04-27-2018, 09:39 PM. Reason: Grammar correction.

  • #2
    Originally posted by supzepp View Post
    Hi All,

    I am a US Citizen and my wife has got Immigration visa CR1 that is expiring on 4 months i.e. Aug 01 2018. My 1 year old daughter's case is still in initial phase in NVC. So most probably my wife will have to come to USA alone leaving my daughter with my parents.

    So my questions are:
    1. In this case, can my wife come to USA, and at Port of Entry, provide all requested information, and after staying for few days, go back to the country? (So that she can take care of our daughter.) Meanwhile, after 15 days or 1 month of her entry, her GC and SSN will arrive in our address. I will keep it safe. Then, once my daughter gets her visa as well (hopefully less than six months), I go to the Country with her GC and SSN and return back with them?
    2. My wife's passport will have departure date stamped from USA which will be earlier than her GC issued date, will it cause any problem when entering at that time?

    Thank you all in advance.
    if she does not have Advance Parole it is not recommended that she leave immediately after arriving
    This is strictly an opinion and should not be misconstrued as legal advice. The use of this information is strictly at your own risk.

    -Krypton9591

    Comment


    • #3
      Originally posted by krypton9591 View Post
      if she does not have Advance Parole it is not recommended that she leave immediately after arriving
      Thank you very much for your thoughtful reasoning and expert opinion. I will do this so that there are no loose ends.

      (All: Please feel free to reply any other answers/opinions/suggestions to the OriginalPost)

      Comment


      • #4
        Originally posted by supzepp View Post
        Hi All,

        I am a US Citizen and my wife has got Immigration visa CR1 that is expiring on 4 months i.e. Aug 01 2018. My 1 year old daughter's case is still in initial phase in NVC. So most probably my wife will have to come to USA alone leaving my daughter with my parents.

        So my questions are:
        1. In this case, can my wife come to USA, and at Port of Entry, provide all requested information, and after staying for few days, go back to the country? (So that she can take care of our daughter.) Meanwhile, after 15 days or 1 month of her entry, her GC and SSN will arrive in our address. I will keep it safe. Then, once my daughter gets her visa as well (hopefully less than six months), I go to the Country with her GC and SSN and return back with them?
        2. My wife's passport will have departure date stamped from USA which will be earlier than her GC issued date, will it cause any problem when entering at that time?

        Thank you all in advance.
        She doesn't even need to stay a few days. She can take the next flight out after arriving if she wants to.

        The moment she enters the US with her immigrant visa, she immediately becomes a US permanent resident, and as a permanent resident, she can take temporary trips abroad. The immigrant visa she used to enter automatically turns into an I-551 (equivalent to a green card) for 1 year from the date of entry (the expiration date of the visa is no longer relevant). She can use that to re-enter the US any time within the next 1 year.

        The date she becomes a permanent resident (which will be listed as the "resident since" date on her GC) will be the date she entered the US with her immigrant visa, so it will not be after the date she leaves.

        This is my personal opinion and is not to be construed as legal advice.

        Comment


        • #5
          Originally posted by supzepp View Post
          Thank you very much for your thoughtful reasoning and expert opinion. I will do this so that there are no loose ends.

          (All: Please feel free to reply any other answers/opinions/suggestions to the OriginalPost)
          Newacct is correct, my apologies, I got consular processing confused with those applying for AOS while in the US. best wishes.
          This is strictly an opinion and should not be misconstrued as legal advice. The use of this information is strictly at your own risk.

          -Krypton9591

          Comment


          • #6
            Originally posted by newacct View Post
            She doesn't even need to stay a few days. She can take the next flight out after arriving if she wants to.

            The moment she enters the US with her immigrant visa, she immediately becomes a US permanent resident, and as a permanent resident, she can take temporary trips abroad. The immigrant visa she used to enter automatically turns into an I-551 (equivalent to a green card) for 1 year from the date of entry (the expiration date of the visa is no longer relevant). She can use that to re-enter the US any time within the next 1 year.

            The date she becomes a permanent resident (which will be listed as the "resident since" date on her GC) will be the date she entered the US with her immigrant visa, so it will not be after the date she leaves.
            Originally posted by krypton9591 View Post
            Newacct is correct, my apologies, I got consular processing confused with those applying for AOS while in the US. best wishes.
            Thank you very much NEWACCT for your expert answer. And, thank you KRYPTON9591 for your reply again.

            Comment

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