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lirpa11

Questions after entering on IR1 visa

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Hi

My husband was approved for the IR1 visa on April 21. He will enter the USA on June 2.

We don't have plans to travel out of the USA, but are there any rules if we need to travel overseas? As in, does he need a return visa/permit, do we let immigration know? Or can he just enter and leave freely?

Also, I know he has 3 years as a resident until he is able to apply for citizenship. When can we apply? 3 years from the visa approval date, or 3 years from when he arrives?

Thanks


IR1 - Spouse VisaPetition I-130

Posted from Australia 05/24/2014

Email receipt received 06/09/2014

Paid from Bank 06/09/2014

Approved online update on case status 06/20/2014

Received NOA1 in the post 06/22/2014

NOA2 received in post 07/10/2014

NVC

Email from NVC 8/7/2014

AoS ready for paymentDS-261 submitted 8/8/2014

AoS Fee Paid 8/12/2014

AoS and IV scan date 10/25/2014

Checklist: 12/18/2014

Posted updated packet for checklist on 2/25/2015

Received by NVC 3/2/2015

Case Complete: 3/2/2015

Interview: 4/21/2015

Approved: 4/21/2014

POE: 6/2/2015<p>

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Hi

My husband was approved for the IR1 visa on April 21. He will enter the USA on June 2.

We don't have plans to travel out of the USA, but are there any rules if we need to travel overseas? As in, does he need a return visa/permit, do we let immigration know? Or can he just enter and leave freely?

Also, I know he has 3 years as a resident until he is able to apply for citizenship. When can we apply? 3 years from the visa approval date, or 3 years from when he arrives?

Thanks

Hi,

He can travel overseas using his foreign passport. For brief trips outside the US, he will use his green card to reenter the US. He does not need to notify US immigration about his trips. He is free to leave anytime. Entering the US requires maintaining his green card. (Google "maintaining permanent residency"). If he intends to be outside the US for more than 6 months, he should get a Re-Entry Permit to maintain his green card status. Short trips are not a problem.

He can apply for US citizenship when he meets these general conditions (the 3 years means the 3 years preceding applying for US citizenship);

1. Have a green card for the last 3 years. (He gets it when he arrives. The visa approval date is not relevalant.); and

2. Been married to a US citizen for the last 3 years.; and

3. Been living with the US citizen spouse for the last 3 years; and

4. Been physically present in the US for at least half of the time in those 3 years.

5. Reside in the US for the last 3 years without a physical absence of more than 6 months.

Best of luck

Edited by aaron2020

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Just to clarify a little. The three years starts from the date of POE. So, for your husband, the 3 years starts from June 2nd.


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Just a note, he should keep track of any trips outside the USA that are 24 hours or longer. The N-400 asks about this.


You have brains in your head. You have feet in your shoes. You can steer yourself any direction you choose.  - Dr. Seuss

 

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