POE Question

[Seattle1 0]

Hi guys, 

I arrive in San Francisco next week to activate my diversity visa. I am intending on making the full move to San Francisco later on this year and I have a transfer lined up with my job here in Australia, but they (and I) aren't ready just yet to permanently move. I am wondering what I should tell the border agent when I arrive and they ask me what the purpose of my trip is. I am in San Francisco for a week and then I am in Canada for 2.5 weeks. My trip is mainly just to activate my visa and then I am only there for tourist purposes. I will be scoping out some places, but I will be leaving after 3.5 weeks. Should I directly say that I am here for tourist purposes, or should I say that I am activating my visa with intent to move. I obviously will be moving there, just not immediately. 

Any advice or links to similar situations would be greatly appreciated. Everyone on this site is always super helpful.

[EmilyW 1,222]

They won't care that you are going back to Australia to pack and get ready for a permanent move.  Most of us Diversity Lottery winners activate, return to Australia and then come back to make the final move.  What you are doing isn't anything they haven't heard before, particularly at LAX which is where many of us activate.  We activated in June 2015, had a three week holiday, went back to Oz and returned in February 2016.  Don't ever lie to a customs/immigration officer.  You are not coming in as a tourist.  You are are coming to activate your visa.  

 

What you do need to do is, once you activate, fulfill your obligations as a lawful permanent resident.  That means filing a US tax return for 2017, for example.  It's worth looking at this link as, once you activate, you are considered an LPR:  https://www.uscis.gov/green-card/after-green-card-granted/rights-and-responsibilities-permanent-resident/rights-and-responsibilities-green-card-holder-permanent-resident

 

Also, bear in mind that you have up to a year from the time you leave the US to make the permanent move, unless you have a re-entry permit that grants you a longer absence.  If you are out of the US for any longer than that, or you try the trick of visiting once a year for a few weeks to 'maintain' residency, you may find yourself in front of an immigration judge sooner than later, and being viewed as having abandoned your Green Card.

Edited February 25, 2017 by EmilyW

[Seattle1 0]

Emily you are a godsend! Thank you so much!

[EmilyW 1,222]

No problem.  Message me any time if you need.  We've been here permanently for a year now.