POE questions

[Abby62 23]

I was wondering when I get my Visa and want to cross into the USA when can I return back to Canada?

Can I just cross into the USA, activate the Visa and then turn around and come back to Canada? I want to stay here for a bit after my approval and work and live here, but there might be times when I want to visit hubby in the USA. Can this be done, or do I have to stay in the USA after I activate it?

Thanks

[BlueBonnet 84]

Nope, your in the USA until you have greencard in hand. The K1 visa has a ONE TIME ONLY entry. Until you fulfill the requirements of the visa ... ie: marry ... if you cross over back into Canada, you have used up your ONE TIME ONLY entry and visa is over. After you have married, you will need to adjust your status, the proof of this adjustment is your greencard. Then you are free to cross both borders.

[George & Gina 29]

Nope, your in the USA until you have greencard in hand. The K1 visa has a ONE TIME ONLY entry. Until you fulfill the requirements of the visa ... ie: marry ... if you cross over back into Canada, you have used up your ONE TIME ONLY entry and visa is over. After you have married, you will need to adjust your status, the proof of this adjustment is your greencard. Then you are free to cross both borders.

No Adjustment of Status required, she's applying for an IR1/CR1 visa. She'll receive her green card in the mail approximately 3 - 6 weeks (maybe sooner)after POE. Her passport should also receive a temporary 551 stamp that will allow here to travel immediately since she is a permanent resident once she passes POE.

She does need to insure that she doesn't give the indication that she's abandoning or has abandoned her permanent resident status.

Here's a sample of the stamp.

http://www.visajourn...p_display_media

George

Edited January 7, 2011 by George & Gina

[canadian_wife 1,791]

Nope, your in the USA until you have greencard in hand. The K1 visa has a ONE TIME ONLY entry. Until you fulfill the requirements of the visa ... ie: marry ... if you cross over back into Canada, you have used up your ONE TIME ONLY entry and visa is over. After you have married, you will need to adjust your status, the proof of this adjustment is your greencard. Then you are free to cross both borders.

This works only for a K-1. The OP is entering on a CR-1 visa

I agree with George & Gina. You have 6 months to travel on your Cr-1 so you don't have to move rigth away. But also, if you aren't planning on moving until June - why did you petition so early?

You can travel on your I-551 stamp however if the CPB gets an indication that you aren't living in the US (which you aren't) they may give you hassles at the border.

Good luck

[HeatDeath 430]

When a CR-1 visa holder enters at PoE, they receive an I-551 stamp in their passport. This stamp is equivalent to a GC in all respects. You will be a GC-holding PR from the moment you activate your visa.

PR's are expected to maintain their permanent residence in the US. this will presumably be your USC spouse's current residence, so that's taken care of.

P'Rs are expected to spend at least 50% of their time in the US, but are allowed to leave the US for vacations of less than 6 months with no consequences whatsoever.

Given all of this, it is certainly possible to activate your CR-1 visa, receive your I-551 stamp, and return to Canada for at least several weeks. While it is perfectly legal, it makes the CBP officers uncomfortable if you donut in their parking lot and head back out right after they stamp you in. However, it's certainly possible to go down for a day trip, activate your visa on the way in, and go back to Canada for a few weeks, several hours later. Just remember that as far as CBP are concerned, once you activate your visa, your permanent residence is your address in the US.