Once a visa is acquired, do you have to immigrate immediatly?

[Wildbill 0]

Hi,

I am just wondering how much time a person has to immigrate once a visa is obtained? If the visa is aquired and the person doesnt immigrate right away, do they lose the visa? And if so, would the person have to start the process over again if they later decided they were ready to immigrate?

This question probably sounds stupid but I ask this because we live in Ecuador and dont plan on moving soon, but would like to get started on the paperwork so that when we do decide to move, we wont have to start the process and be seperated. It would be best if the visa was approved and we could move at our leisure.

One other question, if a green card is acquired, what amount of time can be spent each year outside of the US? I ask this because if we go ahead and start the process and she is approved for a visa and she needs to move to the States so she dosent lose it, how much time could she spend here in Ecuador with me? I am a US citizen but am working here right now.

Thanks!

[Bobby+Umit 161]

Depends on the visa. Each one has an expiration date.

K-3 is usually 2 years.

K-1 is 6 months.

On the greencard, your not suppose to go past 1 year without getting special permission. (I have even seen people get in "trouble" for 6 months stints).

Most of the rule of thumbs I have come across was no more than 6 months.

It also messes up with your time count for the US citizenship requirements.

Edited July 8, 2009 by Bobby_Umit

[Chica Yeyé 41]

Exactly right. Apply for the visa when you are ready to move back. Otherwise, you would be spending a lot of time and money in something you would end up either not using; or loosing permanent residence due to not living in the US. It's called permanent residence for a reason

CR-1 visa (immigrant spousal visa) has a validity of six months.

[TBoneTX 45,540]

I concur with the posters above, with an added caveat: Count on anywhere from a couple to several extra months' delay in qualifying for the visa in the eyes of the Guayaquil consulate, which will almost certainly attempt to hose you. Avoid making any travel plans that fall too close after your interview date.

Edited July 9, 2009 by TBoneTX

[daboyz 36]

Depends on the visa. Each one has an expiration date.

K-3 is usually 2 years.

K-1 is 6 months.

On the greencard, your not suppose to go past 1 year without getting special permission. (I have even seen people get in "trouble" for 6 months stints).

Most of the rule of thumbs I have come across was no more than 6 months.

It also messes up with your time count for the US citizenship requirements.

I think K-3 is a 2 year multi entry, but you must enter for the first time within 6 months. I know my wife's IR-1 had an expiration date of 6 months, even though she would receive a 10 yr green card soon after arrival.

The difference is between first entry and length of the actual visa.

[L179 1]

is it the same for I-130?

[Wildbill 0]

Thanks for the answers, you guys are the best!

I think we will go ahead and start the application for the CR-1. It is obviously going to take 6 months to a year to obtain the visa and then she will have an extra 6 months to make the move. That sounds pretty much like the timetable we have in mind.

[pushbrk 12,979]

Depends on the visa. Each one has an expiration date.

K-3 is usually 2 years.

K-1 is 6 months.

On the greencard, your not suppose to go past 1 year without getting special permission. (I have even seen people get in "trouble" for 6 months stints).

Most of the rule of thumbs I have come across was no more than 6 months.

It also messes up with your time count for the US citizenship requirements.

I think K-3 is a 2 year multi entry, but you must enter for the first time within 6 months. I know my wife's IR-1 had an expiration date of 6 months, even though she would receive a 10 yr green card soon after arrival.

The difference is between first entry and length of the actual visa.

Actually with a K3 visa you have the full term of the visa in which to make your first US entry. For almost all countries, that's two years.

The OP sounds like the six months allowed for the CR1 or IR1 will be enough. For somebody who needs more time to enter or needs a longer period of freedom to leave for more than six months, the K3 remains viable as a K3 visa holder is not subject to the requirement to maintain permanent residence status until they acquire it.