Can I re-do medical to have the visa valid longer

[mallafri76 1,012]

So I had my medical on December 18th and the interview on December 21st. We are currently collecting documents to respond to a 221(g). That means at the earliest, I will have my visa some time in mid-February and then it'll only be valid for a maximum of four months, which feels a little short in finishing off everything in Sweden before a big move like this. Does anyone know if it's possible for me to re-do my medical now in February, then respond to the 221(g) and get a visa that's valid for six months from February? I mean will the embassy allow a second medical to prolong the validity if the visa?

Also, can I travel to the US to visit while having an immigration stamp in my passport or is it that once the immigration visa is issued, my next trip to the US must be to immigrate?

[IcezMan_IcezLady 582]

So I had my medical on December 18th and the interview on December 21st. We are currently collecting documents to respond to a 221(g). That means at the earliest, I will have my visa some time in mid-February and then it'll only be valid for a maximum of four months, which feels a little short in finishing off everything in Sweden before a big move like this. Does anyone know if it's possible for me to re-do my medical now in February, then respond to the 221(g) and get a visa that's valid for six months from February? I mean will the embassy allow a second medical to prolong the validity if the visa?I have never heard of an embassy accepting a "voluntary' medical exams as backup plan for applicant. Who knows, you could be the first. But I know of someone who went back to the embassy to have visa extended after issuance. It might or might not work for you.

Also, can I travel to the US to visit while having an immigration stamp in my passport or is it that once the immigration visa is issued, my next trip to the US must be to immigrate?

Any valid visa in your passport will be rendered invalid. CO will cross it out. So the only valid visa will be what you will get from this interview.

[teeak 224]

I'm not sure about the medical exam but I do know people have been successful in having their visas extended.

With regards to activating the visa -- yes, your next trip will be immigrating but since this is an IR1 visa, you can technically get back on the next plane to Sweden.

After endorsement, your visa stamp is a temporary I-551 (green card) for 1 year which you can use to enter the US after staying abroad.

[mallafri76 1,012]

Ayisi, I'm from a VWP country so I don't need a visa to visit the US. My question is can I continue to travel under the VWP whilst having an immigration visa in my passport.

[mallafri76 1,012]

I'm not sure about the medical exam but I do know people have been successful in having their visas extended.

With regards to activating the visa -- yes, your next trip will be immigrating but since this is an IR1 visa, you can technically get back on the next plane to Sweden.

After endorsement, your visa stamp is a temporary I-551 (green card) for 1 year which you can use to enter the US after staying abroad.

The thing is, we're not sure if we'll get an IR-1 or a CR-1 visa. We have been married since May 14th 2013 but our original marriage was a proxy marriage in Texas, we then renewed our vows in August 2014, when my USC husband could be present at the wedding ceremony.

My husband and I haven't seen each other for nine months now due to delays with the visa, so we wanna see each other as soon as I get my passport back. We don't want to wait till I can move over.

So no one knows if it's allowed to continue to visit under the VWP while having an approved immigration visa in the passport?

[JFH 12,189]

Why would you need to? When you enter with the CR-1or IR-1 you don't have to stay for ever. You can visit your husband for a week or two or however long you plan to and then come back home. You can then re-enter on your next trip with the temp green card stamp in your passport. As long as you don't abandon the green card by not spending enough months of the year in the US, you're good.

So, let's say you get your visa in February and you immediately want to see your husband. So you fly in February for a week. That will activate the visa and make you a permanent resident but you can go back home for a few months to tidy up your affairs there, clean your house, sell your car, pack your things and then go for good in, say, May.

[mallafri76 1,012]

Why would you need to? When you enter with the CR-1or IR-1 you don't have to stay for ever. You can visit your husband for a week or two or however long you plan to and then come back home. You can then re-enter on your next trip with the temp green card stamp in your passport. As long as you don't abandon the green card by not spending enough months of the year in the US, you're good.

So, let's say you get your visa in February and you immediately want to see your husband. So you fly in February for a week. That will activate the visa and make you a permanent resident but you can go back home for a few months to tidy up your affairs there, clean your house, sell your car, pack your things and then go for good in, say, May.

Which would work if they count our original official marriage date (the proxy marriage) as our marriage date. But if they count that we've been married since we renewed our wedding vows, then we' haven't been married for two years until August this year. So then we don't want me flying over to visit and activate the visa into a CR-1, when I won't move over until later anyways and would have gotten an IR-1. I mean we understand that US immigrations don't allow immigration on a proxy marriage but that doesn't change the fact that we've been officially married since May 2013 and hence have been married almost three years.

I tried emailing CBP, but they have like a three week response time to emails.

[JFH 12,189]

Three weeks for them to respond to an email! I'd lose my job if I took longer than 48 houses to reply to an external email with no good reason.

I see what you mean about the dates and whether it's CR- or IR-1. Timing is crucial. We have also planned it so that I will have an IR-1. Have they indicated which date they are using as your marriage date?

[teeak 224]

Maybe you can ask an immigration attorney on one of those sites which allows you to ask a free question. I think one of them is avvo.com.

Here's some answers on quora (one reply from an attorney): https://www.quora.com/Can-I-enter-the-U-S-under-the-Visa-Waiver-Program-even-if-I-have-an-approved-K-1-visa-in-my-passport

It seems as though you can but, you must make it clear that you are entering on a VWP and not on the immigrant visa.

The way I see it, is if you decide not to bring your immigration packet then they'll have no choice but to let you enter on VWP right? If they don't have the package then they can't process the immigrant visa.

[mallafri76 1,012]

Three weeks for them to respond to an email! I'd lose my job if I took longer than 48 houses to reply to an external email with no good reason.

I see what you mean about the dates and whether it's CR- or IR-1. Timing is crucial. We have also planned it so that I will have an IR-1. Have they indicated which date they are using as your marriage date?

Still better than NVC, who took three months.

Exactly, timing really is crucial. No they haven't indicated which date they're using and I forgot to ask at the interview.

Maybe you can ask an immigration attorney on one of those sites which allows you to ask a free question. I think one of them is avvo.com.

Here's some answers on quora (one reply from an attorney): https://www.quora.com/Can-I-enter-the-U-S-under-the-Visa-Waiver-Program-even-if-I-have-an-approved-K-1-visa-in-my-passport

It seems as though you can but, you must make it clear that you are entering on a VWP and not on the immigrant visa.

The way I see it, is if you decide not to bring your immigration packet then they'll have no choice but to let you enter on VWP right? If they don't have the package then they can't process the immigrant visa.

Thanks for the info. I might look around that website some more.

I wouldn't dare fly without the packet though, in case they tell me either I immigrate now or they cancel the visa. From everything I've read here on VJ and what we went through with our case, I really don't trust US immigrations.

[Ryan H 3,796]

The way I see it, is if you decide not to bring your immigration packet then they'll have no choice but to let you enter on VWP right? If they don't have the package then they can't process the immigrant visa.

CPB will still have a choice if there is no packet, they will have the choice to refuse entry and say bring the packet next time.

[teeak 224]

CPB will still have a choice if there is no packet, they will have the choice to refuse entry and say bring the packet next time.

Ahh, I see. So it's at the discretion of the CBP.

It seems as though depending on which officer you get, they may either allow entry on VWP or process your immigrant visa instead.

Edited January 26, 2016 by teeak

[JFH 12,189]

Ahh, I see. So it's at the discretion of the CBP.

It seems as though depending on which officer you get, they may either allow entry on VWP or process your immigrant visa instead.

Right. And that's a risk OP doesn't want to take.

[mallafri76 1,012]

Right. And that's a risk OP doesn't want to take.

Definitely not.

[Dave&Roza 748]

My wife's visa was valid for 6 months from the date of the interview not 6 months from the medical. The PI is one place where the visa's expiration is tied to the medical due to the health issues within that country. Being from a first world country, the visa MAY be valid for 6 months from the date it was issued.

As for being able to come using the VWP and not activating the immigration visa is anybody's guess. It really depend on who you get when you enter. For example, my wife entered on her K-1. She received her C and has travelled outside the US a few times. On her last trip with the 10-year GC the CBP puts a line thru her K-1 and writes CWOP on it. Why? She had already used the visa and showed him a GC to re-enter the US. What I am trying to show is some CBP do not look thru your passport and some go page by page. You SHOULD be able to enter using the VWP as long as your ESTA is still valid. Chances of them denying you entry are slim as you will abide by the VWP rules so you do not jeopardize your IR-1 visa, but the CBP could be a jerk and give you a very short stay. I have found the CBP to be gruff, short, not very friendly, but over-all they are professional and abide by the immigration law's of the US.

Dave