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Wildbill

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

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Filed: Timeline

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!

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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 by Bobby_Umit

My Advice is usually based on "Worst Case Scenario" and what is written in the rules/laws/instructions. That is the way I roll... -Protect your Status - file before your I-94 expires.

WARNING: Phrases in this post may sound meaner than they were intended to be. Read the Adjudicator's Field Manual from USCIS

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Filed: Timeline

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.

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Filed: Citizen (apr) Country: Ecuador
Timeline

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 by TBoneTX

06-04-2007 = TSC stamps postal return-receipt for I-129f.

06-11-2007 = NOA1 date (unknown to me).

07-20-2007 = Phoned Immigration Officer; got WAC#; where's NOA1?

09-25-2007 = Touch (first-ever).

09-28-2007 = NOA1, 23 days after their 45-day promise to send it (grrrr).

10-20 & 11-14-2007 = Phoned ImmOffs; "still pending."

12-11-2007 = 180 days; file is "between workstations, may be early Jan."; touches 12/11 & 12/12.

12-18-2007 = Call; file is with Division 9 ofcr. (bckgrnd check); e-prompt to shake it; touch.

12-19-2007 = NOA2 by e-mail & web, dated 12-18-07 (187 days; 201 per VJ); in mail 12/24/07.

01-09-2008 = File from USCIS to NVC, 1-4-08; NVC creates file, 1/15/08; to consulate 1/16/08.

01-23-2008 = Consulate gets file; outdated Packet 4 mailed to fiancee 1/27/08; rec'd 3/3/08.

04-29-2008 = Fiancee's 4-min. consular interview, 8:30 a.m.; much evidence brought but not allowed to be presented (consul: "More proof! Second interview! Bring your fiance!").

05-05-2008 = Infuriating $12 call to non-English-speaking consulate appointment-setter.

05-06-2008 = Better $12 call to English-speaker; "joint" interview date 6/30/08 (my selection).

06-30-2008 = Stokes Interrogations w/Ecuadorian (not USC); "wait 2 weeks; we'll mail her."

07-2008 = Daily calls to DOS: "currently processing"; 8/05 = Phoned consulate, got Section Chief; wrote him.

08-07-08 = E-mail from consulate, promising to issue visa "as soon as we get her passport" (on 8/12, per DHL).

08-27-08 = Phoned consulate (they "couldn't find" our file); visa DHL'd 8/28; in hand 9/1; through POE on 10/9 with NO hassles(!).

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


Service Center : Vermont Service Center

Consulate : Bangkok, Thailand

Marriage : 2006-11-08

I-130 Sent : 2008-02-22

I-130 NOA1 : 2008-03-10

I-129F Sent : 2008-04-08

I-129F NOA1 : 2008-04-14

I-129F touched: 2008-05-06

I-130 touched: 2008-05-09

I-129F approved 2008-09-05

I-130 approved 2008-09-05

NVC received 2008-09-12

Pay I-864 2008-10-08

Pay IV bill 2008-10-08

Receive Instruction 2008-11-05

Case Complete 2008-11-18

Medical 2009-01-19/20 passed

Receive Pkt 4 2009-01-30

Interview 221g 2009-02-23

Second interview 2009-03-02 Approved

POE DFW 2009-03-07

Received SS card 2009-03-17

Received GC 2009-04-01

Done for 3 years or 10 years. Haven't decided yet.

(I'm going for the IR-1 and blowing off the K-3. Even if it takes an extra couple months, it's worth it to not have to deal with USCIS again)

"Give me your tired, your poor, your huddled masses yearning to breathe free, the wretched refuse of your teeming shore. Send these, the homeless, tempest-tost to me, I lift my lamp beside the golden door!"

Note:

Please fill out I-130, wait 6 months for approval, then 3 more months for an interview. (Unless of course we've bombed your country into the stone age, then you qualify for expedited processing.)

Welcome to the USA!!!

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Filed: Timeline

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.

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Filed: Other Country: China
Timeline
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.


Facts are cheap...knowing how to use them is precious...
Understanding the big picture is priceless. Anonymous

Google Who is Pushbrk?

A Warning to Green Card Holders About Voting

http://www.visajourney.com/forums/topic/606646-a-warning-to-green-card-holders-about-voting/

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