Will Visa Expire if I Don't Use It?

[JohnnyThunder 0]

Hi,

I'm in the process of trying to decide when is the best time for me to apply for my visa. I'm a UK citizen with 2 children (US citizens) living in the US and I now understand the procedure for applying and that it can take 12-18 months to get the visa.

At the moment, due to elderly relatives, I'm not sure that I will be able to move over to the US when my visa comes through, so my questions are:

1) Will it expire/lapse if I don't use it?

2) Would I be able to use it for several short trips to the US if I was still resident in the UK?

Any help with this much appreciated.

[Leatherneck 693]

A visa for immigration purposes

• will expire six months from date of medical
• is for single entry only -- use it once to enter and no more.

[aaron2020 11,651]

1. An immigration visa must be used before its expiration date. The expiration date is usually 6 months after the me medical exam.

2. Once you use the visa to enter the US, then its done. You can use your green card to leave and enter the US. Here is your problem. A green card is for permanent residency in the US. Its not something you can keep while residing in the UK. Also, we tax green card holders on their worldwide income even if nothing is earned in the US.

Google "maintaining legal permanent residency" before you make any plans.

[JohnnyThunder 0]

Thanks for the replies - I appreciate it.

So just to clarify, once I have the visa I then have 6 months to enter the USA - I assume I then have to apply for a green card? Any ideas on how long that takes to come through and am I allowed to go back to the UK during the time I'm waiting for it?

[Harpa Timsah 13,258]

Thanks for the replies - I appreciate it.

So just to clarify, once I have the visa I then have 6 months to enter the USA - I assume I then have to apply for a green card? Any ideas on how long that takes to come through and am I allowed to go back to the UK during the time I'm waiting for it?

Your entry to the US on your spousal/parent visa will trigger your Permanent Resident Status. Your passport will be stamped with an endorsement that will serve as a temporary Greencard for one year. You could turn around that day and travel elsewhere.

It is true that once you enter the US you need to pay a fee to start production of the Greencard itself (you can also pay this before you go, I believe). But this is not exactly an application for it, you have already been approved for it; it's just the production of the physical card.

The issue of maintaining permanent residency, and the issue of the rights and responsibilities of Permanent Resident status will begin the day your first arrive.

Edit: Oh, which visa is this? Maybe a parent visa, not a kids visa. Same issues either way, though.

Edited May 14, 2014 by Harpa Timsah

[JohnnyThunder 0]

Thanks for taking time to reply. The visa I'm applying for is as a parent of 2 children that are US citizens (my ex-wife was American). I've Googled "maintaining legal permanent residency" as suggested and it appears that I would be able to go back to the UK for a period of less than 6 months in 1 year, which would be fine - I just wanted to make sure that once I was in the US I would be able to go and visit my relatives and friends for an extended period.

Thanks again for everyone's help, it would be an impossible process for me without it.

[Harpa Timsah 13,258]

That's right.

You can, in fact, leave the US for up to a year as a Permanent Resident without needing anything special, though continually doing this (say just coming back to the US for a week a year) would eventually cause you to lose your PR status.

If you need to be out more than a year, you can also apply for something called a "reentry permit" which would let you leave the US for up to two years without losing PR status.

You would be eligible for Citizenship after 5 years of being a LPR, and then you would not need to worry about maintaining residency any more.

Good luck.