Can POE be done on a short trip to the US before actual move?

[sco 0]

I'm a US citizen and my wife is from Taiwan. Our case is complete at the NVC for a CR-1 visa, and we only lack the interview at the consulate in Taiwan.

We are planning on going to Guam on a five-day vacation in February 2017, which is five months before our actual move to the US (July 2017). I was wondering if we could use that trip to Guam as our official POE, or if we would be better off waiting until we actually move to the US. One advantage to getting the POE done in Guam is we could hopefully receive my wife's SSN and green card earlier than if we waited until we move to the US in July 2017. The main downside I can see in trying to do the POE in Guam is I'm not sure if the immigration officer will refuse to process the POE if we are only there for a short vacation.

Thank you for any advice on this. The answer will determine when we schedule our medical exam and interview.

[JFH 12,190]

Yes. Because she will be a permanent resident upon arrival she is free to come and go. They will stamp her passport with the endorsement that serves as a temporary green card until the fee is paid and the actual card is produced. Theoretically she can leave on the very next flight after she arrives.

Many spouses enter with the CR-1 on a short trip to "activate" it and then return home to tie up their affairs and prepare for the move. Not a problem at all. Except she should spend more time in the country than out. Five months would be close to the limit.

[teddy k 35]

Hi first nvc sends your file off to the embassy then it schedules your interview date so basically you can't fly out to Guam and use it as your poe till you get your visa packet to hand over to immigration and I don't think if that would work since it's for a vacation only

[sco 0]

Thanks to both of you. When we enter Guam I think it will be clear that we're only visiting Guam for a few days, and I think there is still some risk of the immigration officer not wanting to activate the green card at that time. I've read about some others on these forums who have had problems activating a green card earlier than their intended move date, especially when crossing from Canada to the US. I think the safest thing to do may be just to wait until July 2017 to activate our green card.

If anybody has any other advice, I'm all ears. Thank you.

[JFH 12,190]

It won't be your choice whether the CBP officer activates it or not. All other visas are cancelled when the CR-1 is issued so that visa will be activated. How else can she enter the country when all other entry methods are closed to her?

I don't recall ever seeing problems with people not being able to activate their CR-1 on a short trip. The only problem I've seen from Canada is bringing a car into the country on a short trip with a CR-1 where the officer will assume the car is being imported.

Edited August 26, 2016 by JFH

[sco 0]

Taiwan citizens can enter Guam visa free if they fly directly from Taiwan to Guam. So that's always an option for entering Guam.

I'm just afraid that if the green card is not activated during our February 2017 trip, then we'd have to make a special trip to the US before our six-month time window to activate the green card is is over since our planned move date of July 2017 would be too late.

[JFH 12,190]

But I don't see why it wouldn't be activated? What reason would there be not to do so? If the visa is valid, it will be used.

The opposite scenario us more likely. Europeans wanting to enter on the VWP and not use the visa in their passport (particularly K1 visa-holders for whom the clock ticks the minute the visa is used) and they are not then allowed to enter under any other such status with an existing valid visa in the passport.