Arrival at the Border

[...Jay... 1]

Good afternoon Everyone, 

 

I hope you are all well, i have a question i'm hoping somebody may be able to offer some guidance on. 

 

to give some background to the question.. 

 

i'm Jay (the beneficiary) and a british citizen from birth

 

my Wife is Christina and a US Citizen from birth. We filed our application on London as we currently live in the UK (Christina has a 30 Month Resident permit) 

 

We are currently going through our Visa process ( with my Visa Medical in 2 weeks time) July 2018, we are hoping that our Final Visa interview will follow this medical but be before the start of October 2018. 

 

We currently have a holiday planned for the end of October where we travel to America for a family wedding and then on to Jamaica for 10 Days before returning back to the UK. 

 

If my Visa is approved before we travel for our holiday it should be recognised at the border as we enter America (October 2018) and be converted to a Green card for my permanent residents status. we are trying to confirm if returning to England after our holiday will cause any issues with my Visa Status as we are hoping to return to sell our house/ cars and close our bank accounts etc etc as well as wait for our final 'one way' journey to America which should be around April 2019 (we are hoping to travel on a cruise ship rather than fly as we will be taking our Dog with us and felt this would be a less stressful method of travelling rather than putting him in a crate in the hold of an airplane. 

 

Ive read through the US Customs and Border protection website and this seems to suggest that a permanent lawful resident can leave and re-enter the united states as they wish as long as they are not outside of the united states for a period of more than one year. 

 

Can anybody force any issues that we may face with our current plan of action? 

 

Thanks in advance. 

 

Jay, Christina and Ollie Dog. 

[Abies 1,713]

4 minutes ago, ...Jay... said:

Good afternoon Everyone, 

 

I hope you are all well, i have a question i'm hoping somebody may be able to offer some guidance on. 

 

to give some background to the question.. 

 

i'm Jay (the beneficiary) and a british citizen from birth

 

my Wife is Christina and a US Citizen from birth. We filed our application on London as we currently live in the UK (Christina has a 30 Month Resident permit) 

 

We are currently going through our Visa process ( with my Visa Medical in 2 weeks time) July 2018, we are hoping that our Final Visa interview will follow this medical but be before the start of October 2018. 

 

We currently have a holiday planned for the end of October where we travel to America for a family wedding and then on to Jamaica for 10 Days before returning back to the UK. 

 

If my Visa is approved before we travel for our holiday it should be recognised at the border as we enter America (October 2018) and be converted to a Green card for my permanent residents status. we are trying to confirm if returning to England after our holiday will cause any issues with my Visa Status as we are hoping to return to sell our house/ cars and close our bank accounts etc etc as well as wait for our final 'one way' journey to America which should be around April 2019 (we are hoping to travel on a cruise ship rather than fly as we will be taking our Dog with us and felt this would be a less stressful method of travelling rather than putting him in a crate in the hold of an airplane. 

 

Ive read through the US Customs and Border protection website and this seems to suggest that a permanent lawful resident can leave and re-enter the united states as they wish as long as they are not outside of the united states for a period of more than one year. 

 

Can anybody force any issues that we may face with our current plan of action? 

 

Thanks in advance. 

 

Jay, Christina and Ollie Dog. 

What you read on the CBP website is very correct 

[Boiler 46,353]

I would have slowed things down, used the VWP for the holiday and looked for an appointment late this year.

[Amadia 711]

As a GC holder, you can stay outside the US for up to 6 months but not exceed 9 months. Also, you must be prepared to explain to the officer (should the question arise) the reason behind your trip/stay overseas.

[Amadia 711]

3 minutes ago, Dee elle said:

A stay over 12 months is what will trigger possible questioning of your status and should be avoided wherever possible. Under 6 months , unless repeated absences with short gaps, is ok, 6 to 12 months ( not 9 months ) will commonly result in a reminder / warning at POE 

I understand what is stated on a website or forum about this but I am making my statement to the OP based on experience from family members who frequently travel, stay the max 6 months and are questioned by officers in FLL. The officer told my aunt to avoid staying past 6mths otherwise her GC would be revoked the next time it happens.

 

She goes to Trinidad to visit a sick relative who has cancer and helps take care of her. The officer at FLL suspected my aunt of having employment in Trinidad and questioned her thoroughly about her visit and why she does it frequently, etc.

[...Jay... 1]

We were hoping to move earlier but the only cruise line that have kennels are fully booked for our preferred dates. In an ideal world we would of slowed the process down. Is our current supposed suggestion against any rules / regulations that you can see? It doesn’t seem to be to me but just wanted to get other peoples take on it. 

[Nitas_man 3,100]

7 hours ago, ...Jay... said:

Good afternoon Everyone, 

 

I hope you are all well, i have a question i'm hoping somebody may be able to offer some guidance on. 

 

to give some background to the question.. 

 

i'm Jay (the beneficiary) and a british citizen from birth

 

my Wife is Christina and a US Citizen from birth. We filed our application on London as we currently live in the UK (Christina has a 30 Month Resident permit) 

 

We are currently going through our Visa process ( with my Visa Medical in 2 weeks time) July 2018, we are hoping that our Final Visa interview will follow this medical but be before the start of October 2018. 

 

We currently have a holiday planned for the end of October where we travel to America for a family wedding and then on to Jamaica for 10 Days before returning back to the UK. 

 

If my Visa is approved before we travel for our holiday it should be recognised at the border as we enter America (October 2018) and be converted to a Green card for my permanent residents status. we are trying to confirm if returning to England after our holiday will cause any issues with my Visa Status as we are hoping to return to sell our house/ cars and close our bank accounts etc etc as well as wait for our final 'one way' journey to America which should be around April 2019 (we are hoping to travel on a cruise ship rather than fly as we will be taking our Dog with us and felt this would be a less stressful method of travelling rather than putting him in a crate in the hold of an airplane. 

 

Ive read through the US Customs and Border protection website and this seems to suggest that a permanent lawful resident can leave and re-enter the united states as they wish as long as they are not outside of the united states for a period of more than one year. 

 

Can anybody force any issues that we may face with our current plan of action? 

 

Thanks in advance. 

 

Jay, Christina and Ollie Dog. 

We activated an immigrant visa in March, left in April, returned at the end of June.  There were no issues when we returned after two months out.

You'll get seriously eyeballed with more than 6 months out of the country.   Although our experience was that even an 11-month absence earned us grumbling and a lecture and a note in the passport back in 2009 but the officer finally let my wife through.  She was carrying a green card and you will not be. 

You're playing with fire leaving on a visa only for more than 6 months.  I would advise against it.

Edited July 15, 2018 by Nitas_man

[pushbrk 13,240]

I don't see any issues with your plan.  The truth is that ANY entry by other than a citizen is a judgment call.  I agree that the trigger to avoid is at six months but usually the first six months absence is not a problem.  There are no hard and fast rules other than getting a re-entry permit before leaving, if you are expecting to be gone more than a year.  

 

If questioned, I expect your answer will be perfectly acceptable.

[Teemo 252]

4 hours ago, Nitas_man said:

We activated an immigrant visa in March, left in April, returned at the end of June.  There were no issues when we returned after two months out.

You'll get seriously eyeballed with more than 6 months out of the country.   Although our experience was that even an 11-month absence earned us grumbling and a lecture and a note in the passport back in 2009 but the officer finally let my wife through.  She was carrying a green card and you will not be. 

You're playing with fire leaving on a visa only for more than 6 months.  I would advise against it.

What visa? He's talking about getting a permanent resident stamp on his passport when he enters the US. That's as good as a green card for permanent residency purposes. 

[pushbrk 13,240]

6 minutes ago, Teemo said:

What visa? He's talking about getting a permanent resident stamp on his passport when he enters the US. That's as good as a green card for permanent residency purposes. 

It's "immigrant visas" that get the stamp you mention.  The issue being discussed is avoiding losing that status by such a short stay followed by long absence before finally actually MOVING to and living in the USA.

[Teemo 252]

2 minutes ago, pushbrk said:

It's "immigrant visas" that get the stamp you mention.  The issue being discussed is avoiding losing that status by such a short stay followed by long absence before finally actually MOVING to and living in the USA.

Yes but OP is talking about an immigrant visa, no? I understand the issue being discussed. At issue is whether he could lose permanent residency. But the comment I replied to said "I did this with a green card - you should not do this with a visa." I was pointing out than an immigrant visa and a green card are effectively the same thing for the purposes of this discussion. 

[SusieQQQ 11,587]

11 hours ago, Amadia said:

As a GC holder, you can stay outside the US for up to 6 months but not exceed 9 months. Also, you must be prepared to explain to the officer (should the question arise) the reason behind your trip/stay overseas.

What?? Where on earth do you get 9 months? It’s a year.

 

OP, a relatively lengthy absence after a first entry to use an immigrant visa is not unusual among certain immigrant visa applicants, usually DV applicants who have not had the same long wait as many other immigrant visas to sort everything out. One relatively long absence (never longer than a year) at first is ok, the longer you’re out the more questions you may be asked but your explanations will be totally sensible. I had 3 family members do 11 months. Especially if you’re coming back on a one way ticket you should be ok.

 

separately, are there really cruise ships that allow pet dogs? Quite frankly, you may find a plane trip overall less stressful for the dog than the much lengthier process of going across the sea, I don’t know how it works especially if the dog can’t sleep with you (you mentioned kennels), I don’t see how that’s really different from flying? If your dog is a breed that flying is dangerous for then i guess it makes more sense.

[pushbrk 13,240]

1 hour ago, Teemo said:

Yes but OP is talking about an immigrant visa, no? I understand the issue being discussed. At issue is whether he could lose permanent residency. But the comment I replied to said "I did this with a green card - you should not do this with a visa." I was pointing out than an immigrant visa and a green card are effectively the same thing for the purposes of this discussion. 

I see.  The OP is also not planning to be gone more than six months but the green card will have been issued long before they come back and mailed to their US address of record.  It's easy enough to send the green card to the UK by courier so the entry is WITH a green card.  

 

You're right, they give the same privilege but physically are NOT the same thing.  It's a distinction that should not but CAN make a difference when an officer makes a judgment call.

[Teemo 252]

3 minutes ago, pushbrk said:

I see.  The OP is also not planning to be gone more than six months but the green card will have been issued long before they come back and mailed to their US address of record.  It's easy enough to send the green card to the UK by courier so the entry is WITH a green card.  

 

You're right, they give the same privilege but physically are NOT the same thing.  It's a distinction that should not but CAN make a difference when an officer makes a judgment call.

Yup. And agreed that he would probably have his green card in hand at that point. 

[SusieQQQ 11,587]

7 minutes ago, pushbrk said:

I see.  The OP is also not planning to be gone more than six months but the green card will have been issued long before they come back and mailed to their US address of record.  It's easy enough to send the green card to the UK by courier so the entry is WITH a green card.  

 

You're right, they give the same privilege but physically are NOT the same thing.  It's a distinction that should not but CAN make a difference when an officer makes a judgment call.

I’ve never ever heard of any issue with a temporary green card (ie the endorsed immigrant visa that becomes a temporary I551] from CBP, although there have been airline issues with staff who don’t understand it. I do agree it’s better overall to have it couriered over, but mainly to pre-empt issues with airline staff (or in this case ship staff who are probably even less familiar with them).

Edited July 16, 2018 by SusieQQQ