Jumping the gun a bit?

[Atmi 0]

Hello all,

This is my first post, yet I must say that my wife and I have learned so much from reading the VJ forums over the last month.

I think my wife and I have somewhat of a unusual situation. My wife (USC) and I (Canadian) live in France together (1.5 years) and were fortunate enough to have our case processed rapidly through DCF at the embassy in Paris. Our interview is at the beginning of July and if all goes well we are told that we will have my passport with visa in hand a week after that (mid-July). This process happened more rapidly than we anticipated and even what the CO told us, so rapidly in fact, that we wish to wait an additional 3 months before moving back to the USA (within the 6 month window afforded) because of work and other obligations (rental contracts, etc...). This plan seemed ideal as our 2 year anniversary in August and therefore we will be able to obtain a IR-1 visa directly upon arrival (please correct me if I am wrong).

Now we have a bit of a twist (a good one mind you). I have started applying for jobs in the US and recently was offered a rare on-site interview with a top company in my field. They are aware of my visa situation, but want to fly me in from Paris and interview me ASAP, if and when I can once again travel to the USA. I have been fortunate enough that they are willing to wait until July for my interview. I have a feeling the offer may be gone if I wait until August.

My question is, let us assume that I have been approved early July and have the spousal immigrant visa in my passport already. When I arrive in the US for my interview in mid or late July can I request to the POE agent that although I can legally enter the country as an immigrant at this point, I am only here for an interview (perhaps enter on a tourist visa) and would like to make my official entry in 1-2 months time (when my wife will return with me and I will be actually moving)? Or will I be required to enter on my immigration at that point?

Thank-you for your time in reading this and I look forward to response from all,

Chris

[VisaJourneyLady 33]

No, you can't do that. Once the visa is issued, you enter as an immigrant. If you don't want to enter the country on the CR-1, then ask the Parisian embassy to delay issuance of the visa until you return from this trip. It's not an unusual request at all.

Have they already got your passport? If they haven't, then when they request it, you can tell them that you have some imminent travel plans, and you will send it to them when you get back. If they have it, you need to contact them asap.

[Todd-Leah 0]

It's alright to travel in and out of the US after you entered with the CR1/IR1 and/or have greencard in hand. It is not necessary to tell officers at the POE that you are leaving soon, isn't it?

Leah

[VisaJourneyLady 33]

Yes it is fine to enter the country, but the visa will be activated.

[mendeleev 67]

I don't understand the issue. The CR/IR-1 visa would activate on first entry. But you can come and go as you need to.

It the desire is to avoid activating it until after your second wedding anniversary, you'll need to weigh the pros and cons of needing to remove conditions versus the job opportunity. Maybe, if it turns out to be a good job, and you need to remove conditions because they wanted you to interview so quickly, you can negotiate with them to pay for and take care of the removal of conditions.

[Krikit 1,163]

Myself, and some others, were able to enter the US without using the visa. All I did was let them know I would be using it at a later date because I had a job to resign from and a house to sell first. I never had a problem. When I was at my interview I asked this question of the consular officer. He said there is no policy stating the visa has to be used upon entry, however it was entirely up to the CBP officer whether or not they will force you to do so. He offered me the option of sending in my passport when I was ready to use the visa so that I wouldn't have any problems. They approve the visa at the interview, then hold the issuance of it until they receive the passport. Just another option for you to consider.

[Atmi 0]

Myself, and some others, were able to enter the US without using the visa. All I did was let them know I would be using it at a later date because I had a job to resign from and a house to sell first. I never had a problem. When I was at my interview I asked this question of the consular officer. He said there is no policy stating the visa has to be used upon entry, however it was entirely up to the CBP officer whether or not they will force you to do so. He offered me the option of sending in my passport when I was ready to use the visa so that I wouldn't have any problems. They approve the visa at the interview, then hold the issuance of it until they receive the passport. Just another option for you to consider.

Sounds like I have a lot of options. As some suggested, I think I will just wait to send my passport to the embassy in Paris, assuming all goes well, upon my return to France from the job interview.

Thanks to you and the others who answered my query.

[Ontarkie 13,916]

is there a reason you cant travel now to the US. If not you could always do the job interview before your visa interview then you dont run the risk of activating the visa.

[VisaJourneyLady 33]

I guess the problem is that you can't rely on the officer not to activate the visa. Personally though, if I had a great job to go to, I would choose that over avoiding removal of conditions.