Hi all,

I am currently applying for a spousal visa via DCF in London. My question relates to travel AFTER the immigrant visa is issued. My understanding is that this immigrant visa is valid for 6 months and that relocation to the US must take place within this 6 month period.

However, it is likely that I would want to travel to the US for a vacation early on in this 6 month period. I would still want to return to the UK and then make proper arrangements to relocate to the US later during the 6 month period.

Does anyone know whether it is still possible to enter and leave the US on the 'visa waiver scheme' when I already have an immigrant visa in my possession? I also do not know if any complications would be caused by using my immigrant visa for the vacation, leaving the US after say only 2 weeks, and then returning to the US permanently 4 months later...

Many thanks for any advice.

Lotte9999

This won't work but you can delay the issuance of the visa.

Thanks for your help. Just a clarification: do you mean I should just mention at the interview that I would like the visa issued 1 or 2 months down the line, or is there another process for a "delayed issuance" of the visa?

That or delay the interview. You could contact the Consulate for a recommendation. Be aware, you could be denied at the POE, so bring evidence of ties to the UK sufficient to convince the CBP officer you'll return.

Hi, pushbrk. Why do you say that it won't work? Or do you just mean it wouldn't work to have the visa but enter under the visa wavier programme? If she has a US mailing address for the green card, she could enter on the visa for two weeks and then return within six months to settle permanently.

If you decide to delay the visa, it's very easy if you are before a certain point in the process. When the I-130 is approved, they will send what we call Packet 3, which contains the DS-230 Part 1 and the checklist. All you have to do is hold off on returning those for a couple months, which delays the interview and therefore the visa.

However, plenty of people enter the US to activate the visa, stay for a short period, and then return within six months to settle permanently. As long as you have a US mailing address for the green card to be sent to, I do not see any reason why you need to delay the visa.

Hi MargotDarko, thanks for the info. Unfortunately I am passed that point, having submitted both DS-230 Part 1 and the checklist. I am just waiting for the US embassy in London to give us an interview date.

However, we do have a US mailing address so from what you say, it should be no problem to activate the visa on my vacation trip, get the green card sent to our US address and then return to the UK after say 2 weeks. Then a few months down the line return to settle in the US permanently?

Am I understanding correctly?

Also, pushbrk, can you clarify which part of this you thought would cause a problem? (was it that the visa waiver scheme could no longer be used?)

Thanks again all.

Hi, lotte. Since you have a US mailing address to use, I see no reason and have heard of no reason why you can't enter on the visa for a couple weeks and then return within a few months. They stamp the visa in your passport upon arrival and it becomes your temporary green card while the real one is being processed.

The important things are to use the visa within six months of receiving it and to not spend more than six months out of the US after you've entered on the visa. I am thinking that pushbrk likely meant that once you have the visa you can't use the visa wavier programme, which is true.

Thanks for the advice MargotDarko, makes perfect sense to me. I wonder if anyone has actually done something like this (entered on visa, only to leave within a few weeks, then to return later) just for my peace of mind before trying this.