Not entering the US within 6 months?

[GeorgiaPeach 2]

Hello Everyone,

We have our interview this Friday for the green card at the London Embassy.

A few wrenches have been thrown into our plans leaving us unsure about entering the USA within the 6 month time frame. I understand that this means we would abandon the green card. My question is that if we decide at a later date to reapply, does the fact that we already applied and were (presumably) granted a green card, but did not enter the country on time, negatively impact reapplying?

I hope we don't go down this road, but I'd rather know the implications ahead of time.

Thanks for any help.

[JohnR! 5,495]

Hello Everyone,

We have our interview this Friday for the green card at the London Embassy.

A few wrenches have been thrown into our plans leaving us unsure about entering the USA within the 6 month time frame. I understand that this means we would abandon the green card. My question is that if we decide at a later date to reapply, does the fact that we already applied and were (presumably) granted a green card, but did not enter the country on time, negatively impact reapplying?

I hope we don't go down this road, but I'd rather know the implications ahead of time.

Thanks for any help.

If you do not move to the US before the expiry date it will not impact a future application one way or the other. Plans do change and you will have to go through the process again if/when you are ready.

Depending on your particular situation you may consider postponing your interview and gain some time, assuming that the extra weeks or months would make a difference in your decision, to be sure. Alternatively, if you are really sure that you will in no way be able to make the move within 6 months and that at this point you have no idea if/when/whether you will be moving to the US, the best course of action is to show up for the interview and let the interviewer know that things have changed in your life and your plans have been affected, so a note can be added to your file indicating that your visa application was not abandoned nor canceled with prejudice. It is always good to document these outcomes for they will surface if/when you decide to apply for a new visa. Better safe than sorry.

Good luck!

Edited March 18, 2013 by Gegel

[ndu26 114]

Depending on your particular situation you may consider postponing your interview and gain some time, assuming that the extra weeks or months would make a difference in your decision, to be sure.

Good luck!

[Nich-Nick 3,354]

Hello Everyone,

We have our interview this Friday for the green card at the London Embassy.

A few wrenches have been thrown into our plans leaving us unsure about entering the USA within the 6 month time frame. I understand that this means we would abandon the green card. My question is that if we decide at a later date to reapply, does the fact that we already applied and were (presumably) granted a green card, but did not enter the country on time, negatively impact reapplying?

I hope we don't go down this road, but I'd rather know the implications ahead of time.

Thanks for any help.

You are interviewing for a visa. There is no abandoning a greencard, because you don't get that unless you use the visa to enter the US.

This statement is in the London Embassy FAQs:

What if I cannot travel during the validity period of the immigrant visa?

You should return the unused visa to the Immigrant Visa Branch with a letter explaining why you were unable to travel. Depending on the reasons for you not using the visa, it may be possible to re-issue you with a new visa on payment of new visa processing fees.

http://london.usembassy.gov/mobile/faq-imm-proc.html#iv062

At your intervew, you have an opportunity to discuss your issues with the officer. Perhaps it's possible to get the approval but delay the issuance of the visa so you don't have to pay the visa fee twice. You need to ask how your medical date plays into either delay of visa or re-issue of visa. London has been issuing visas that are valid for six months from the medical date, not six months from the interview. Do you need another full medical exam or another clearance for TB only? The clock is already ticking away the six month window for your entry because you have had a medical exam.

[GeorgiaPeach 2]

Thank you, all three of you, for taking the time to reply and offer your thoughts.

This is all dependent on whether a job is or is not going to fall through, to which we will know in the next week or two. Therefore, I doubt I'd be able to say with certainty that I'll know by the time of the interview, which is this Friday. Given that we will have the chance to discuss our situation with the immigration officer, we can share our particular situation and hopefully be provided with some guidance.

Nich-Nick, thank you for all the ideas of questions to ask regarding how to potentially avoid having to do everything all over again if we find that we cannot move within the time constraints of the visa. Those are all really great suggestions. Also- thanks for clarifying my mis-use of visa/green card. Oops!

[Darnell 8,478]

well, there's moving, and then there's coming into a POE .

If it makes sense to hit a USA POE within the 6 month period and yer NOT absolutely ready to move just then - I suggest you look at that, do some computations with a calendar and financial forecasting.

[GeorgiaPeach 2]

well, there's moving, and then there's coming into a POE .

If it makes sense to hit a USA POE within the 6 month period and yer NOT absolutely ready to move just then - I suggest you look at that, do some computations with a calendar and financial forecasting.

Another interesting option to consider. Thanks for throwing the idea out there, Darnell!

[Darnell 8,478]

ya, it's not something to just jump on and do - you'll need to figure out if it makes sense to do it, both from a financial perspective (only you will know that) and a calendar perspective (as you can really only be outside of the USA after the first POE date for no longer than 6 months).

[GeorgiaPeach 2]

ya, it's not something to just jump on and do - you'll need to figure out if it makes sense to do it, both from a financial perspective (only you will know that) and a calendar perspective (as you can really only be outside of the USA after the first POE date for no longer than 6 months).

Very true. Thanks again!

[Brother Hesekiel 2,236]

You invest $1K per person, fly to the U.S. before the 6 months are up, thus become a Green Card holder, then return to England to tie up loose ends.

[mindthegap 2,590]

I cant see how you would get an extension- the visa will be valid for exactly 6 months from date of medical.

Unless you fancy doing another medical at a later date, then trying to reschedule the interview again (both of which would be possible- the i-130 approved petition is valid for 1 year I believe), your option once the visa is issued is basically use it or lose it.

One course of action is to enter the US just before it expires. You can then leave the country to sort out your affairs- as long as you are not out of the US for more than 6 months it wont affect you adversely.

Perfectly fine and legal- not everyone can drop everything within a reasonably short time to move, especially when the timeline is so unpredictable for this process.

The PR card and SSN will be sent to whichever US address you put down (family?) which they can then forward on to you- but the visa in the passport once stamped acts as a PR card for 1 year anyway, so you should have no issues.

Edited March 19, 2013 by mindthegap