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Atmi

Jumping the gun a bit?

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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

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Filed: IR-1/CR-1 Visa Country: Ireland
Timeline
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.

The UK Wiki

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Filed: IR-1/CR-1 Visa Country: Malaysia
Timeline

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


USCIS

03/15/08 Mailed I-130 package

07/17 I-130 package delivered to Chicago lockbox

03/26 NOA1 received (Priority date 03/24/08)

04/18 Touched

06/05 Expedite request on humanitarian ground (medical emergency)

06/16, 06/17, 06/18, 06/19, 06/20 Touched

06/28 Received RFE dated 06/23

06/30 mailed RFE express mail to CSC

07/02, 07/03 Touched

07/08 07/09 Touched. "RFE received & processing resumed"

07/11 Congress aide found out I-130 was approved on 07/09!!!

07/17 NOA2 hardcopy dated 07/09

07/21 Approval notice hardcopy dated 07/11 I-130 was approved in 116 days from filing date (expedited).

NVC

07/15 NVC received and assigned case #

07/16 Emailed expedite request & supporting documents

07/17 DS-3032 and AOS fee bill generated, Emailed DS-3032.

07/21 Received DS-3032 & AOS fee bill hardcopy.

07/24 NVC approved expedite request

US Consulate

07/31 Package arrived at US consulate

08/01 Was told to pick up packet 3 on 08/04

08/04 Req packet 3 send by mail.

08/09 Received packet 3

08/11 Returned packet 3

08/15 Picked up packet 4 & medical check up

08/28 Submitted civil docs & paid $400 IV fee. Visa Interview & approved !!!

08/29 Visa in hand

09/30 POE IR1 visa interview took 166 days from the I-130 filing date (expedited).

10/04 Applied for SSN in married name.

11/11 Welcome notice received (dated 11/04)

11/15 Received Green card.

11/21 2nd Welcome notice received (dated 11/13)

11/24 Received SS card in maiden name.

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Filed: K-3 Visa Country: Russia
Timeline

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.


5-15-2002 Met, by chance, while I traveled on business

3-15-2005 I-129F
9-18-2005 Visa in hand
11-23-2005 She arrives in USA
1-18-2006 She returns to Russia, engaged but not married

11-10-2006 We got married!

2-12-2007 I-130 sent by Express mail to NSC
2-26-2007 I-129F sent by Express mail to Chicago lock box
6-25-2007 Both NOA2s in hand; notice date 6-15-2007
9-17-2007 K3 visa in hand
11-12-2007 POE Atlanta

8-14-2008 AOS packet sent
9-13-2008 biometrics
1-30-2009 AOS interview
2-12-2009 10-yr Green Card arrives in mail

2-11-2014 US Citizenship ceremony

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Filed: Timeline

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. :thumbs:


iagree.gif

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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. :thumbs:

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.

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Filed: Citizen (apr) Country: Canada
Timeline

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.


Spoiler

Met Playing Everquest in 2005
Engaged 9-15-2006
K-1 & 4 K-2'S
Filed 05-09-07
Interview 03-12-08
Visa received 04-21-08
Entry 05-06-08
Married 06-21-08
AOS X5
Filed 07-08-08
Cards Received01-22-09
Roc X5
Filed 10-17-10
Cards Received02-22-11
Citizenship
Filed 10-17-11
Interview 01-12-12
Oath 06-29-12

Citizenship for older 2 boys

Filed 03/08/2014

NOA/fee waiver 03/19/2014

Biometrics 04/15/14

Interview 05/29/14

In line for Oath 06/20/14

Oath 09/19/2014 We are all done! All USC no more USCIS

 

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