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Visa issued but need to go back

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So my sister and her husband were successful in their family based immigration process and will be in the US before Dec 10th.

But 6 months is not enough time for them to wrap up all their business and take care of things in India before making the move.

I have heard that new immigrants can go back to their homeland after they get their passports stamped at the US port of entry and can stay outside the US for upto a year.

 

Has anyone done this and can outline the process?

 

thanks much for any direction.

 

D

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Posted (edited)

Yes. There is no “process”, they enter and leave again.... Preferably don’t stay out longer than 6 months, but you are allowed up to a year out without losing your green card. Don’t do it repeatedly, one long absence to tie things up is understandable. That said, if it is a family based visa they must have known for ages it was coming (unlike say a diversity visa where everything happens pretty fast). Strange they still need so much time to tie things up? Anyway...

Remember they are green card holders from the day they enter on their immigrant visas so if they do any work etc during their time back it must be declared on their next irs tax return. Similarly, any gains made on assets sold after they become LPRs must be declared on irs return and are potentially taxable depending on tax treaty, different tax rates etc (I’m assuming they have assets to sell if they need so long to tie things up)

Edited by SusieQQQ

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Thanks SusieQQQ

TBH...we had no updates for almost a year and a half after the final documents were submitted and approved and then everything from the interview call, the medical and the the visa acceptance happened in a matter of weeks.

 

Not sure why you had to mention the IRS thing. Well aware of what their responsibilities are and they dont plan to cheat the system.

 

Thank you for your help.

 

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SusieQQQ...one more question if you can help...

Once my sister has entered the US and got her passport stamped, does she have to wait to get the actual green card before she can travel outside the country?

 

thank you 

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5 minutes ago, dss said:

does she have to wait to get the actual green card before she can travel outside the country

No she can travel on the Visa stamp


March 2, 2018  Married In Hong Kong

April 30, 2018  Mary moves from the Philippines to Mexico, Husband has MX Permanent Residency

June 13, 2018 Mary receives Mexican Residency Card

June 15, 2018  I-130 DCF Appointment in Juarez  -  June 18, 2018  Approval E-Mail

August 2, 2018 Case Complete At Consulate

September 25, 2018 Interview in CDJ and Approved!

October 7, 2018 In the USA

October 27, 2018 Green Card received 

October 29, 2018 Applied for Social Security Card - November 5, 2018 Social Security Card received

November 6th, 2018 State ID Card Received, Applied for Global Entry - Feb 8,2019 Approved.

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17 minutes ago, dss said:

SusieQQQ...one more question if you can help...

Once my sister has entered the US and got her passport stamped, does she have to wait to get the actual green card before she can travel outside the country?

 

thank you 

No, her stamped immigrant visa becomes a temporary green card valid for a year and she can use that to re-enter. (Read the small text at the bottom of the visa.)

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