POE-Our Understanding vs. What the CO said

[HuberKimFamily 29]

Hello All~

 

I hope that everyone is doing well! So, my husband was able to secure a medical exam and go to his interview today in Bern, Switzerland. He texted me what they told him about POE. 

 

We are by no means ready to move to the USA yet. Therefore, I was going to go over in April and June to help my husband purge out our stuff in Zurich and enter together in June. Afterwards, we wait for the green card and social security card together. 

 

However, the CO told him to process his POE papers next week (business trip and dropping our son off to me), continue his business trip, and go back to Zurich. And he can still enter in June because of the valid visa (6 months). The CO said to not be abroad for more than a year. Is this really OK? 

 

Thanks in advance!

 

 

 

 

[B&C2017 123]

This seems weird to me. I thought the IR1 visa is a one entry visa which becomes invalid once he enters. 

 

By the way: Exciting to see some swiss people moving to the US. Where are y’all going to live?

 

Me and my husband plan to move back to the US in December 2020 - hopefully 🙏🏻

[LilyJ 1,258]

Yes. He will enter on his IR1 when he goes to visit the US and go through immigration processing. This doesn’t mean that he has to move to the US at that time, though. He can enter, activate his visa (and now will be an LPR so visa validity is no longer in the equation), then can leave and move whenever you are ready to, and he will remain an LPR after entering the US as long as he is not outside the US for more than a year. Which, since he’s moving in June, shouldn’t be a problem 

[HuberKimFamily 29]

11 hours ago, B&C2017 said:

This seems weird to me. I thought the IR1 visa is a one entry visa which becomes invalid once he enters. 

 

By the way: Exciting to see some swiss people moving to the US. Where are y’all going to live?

 

Me and my husband plan to move back to the US in December 2020 - hopefully 🙏🏻

Yea, it sounded weird to me too.

 

Well, it depends on his job. Right now I am in VA. Maybe CA or Boston?! 

What about you guys?!

 

10 hours ago, LilyJ said:

Yes. He will enter on his IR1 when he goes to visit the US and go through immigration processing. This doesn’t mean that he has to move to the US at that time, though. He can enter, activate his visa (and now will be an LPR so visa validity is no longer in the equation), then can leave and move whenever you are ready to, and he will remain an LPR after entering the US as long as he is not outside the US for more than a year. Which, since he’s moving in June, shouldn’t be a problem 

Thank you so much for the clarification! Ok, then that is great. I was worried that after all this work we were screwing ourselves over! 

 

[LilyJ 1,258]

41 minutes ago, HuberKimFamily said:

Thank you so much for the clarification! Ok, then that is great. I was worried that after all this work we were screwing ourselves over! 

Nope you will be totally fine! His visa will be activated once he enters for his business trip and from then on is a permanent resident

[pushbrk 12,087]

Often people use the wrong words, or misinterpret the correct words.  If the visa is in his passport, it will be used upon entry and a stamp next to it substitutes for his green card.  Just take the green card to him when you go to sort things out in Switzerland.

 

 

[B&C2017 123]

9 hours ago, HuberKimFamily said:

Well, it depends on his job. Right now I am in VA. Maybe CA or Boston?! 

What about you guys?!

 

We'll be moving to Texas to be close to my husbands family ☺️
 

[Hank_ 9,171]

On 1/9/2020 at 5:48 AM, HuberKimFamily said:

Hello All~

 

I hope that everyone is doing well! So, my husband was able to secure a medical exam and go to his interview today in Bern, Switzerland. He texted me what they told him about POE. 

 

We are by no means ready to move to the USA yet. Therefore, I was going to go over in April and June to help my husband purge out our stuff in Zurich and enter together in June. Afterwards, we wait for the green card and social security card together. 

 

However, the CO told him to process his POE papers next week (business trip and dropping our son off to me), continue his business trip, and go back to Zurich. And he can still enter in June because of the valid visa (6 months). The CO said to not be abroad for more than a year. Is this really OK? 

 

Thanks in advance!

 

 

 

 

 

Yes it is.   Upon initial entry at POE he would receive an I-551 stamp in his passport (green card equivalent) valid for 1 year.    If the Immigration fee has been paid to USCIS his physical green card processing would be initiated.

 

 

[saladboye 166]

On 1/9/2020 at 4:48 AM, HuberKimFamily said:

Hello All~

 

I hope that everyone is doing well! So, my husband was able to secure a medical exam and go to his interview today in Bern, Switzerland. He texted me what they told him about POE. 

 

We are by no means ready to move to the USA yet. Therefore, I was going to go over in April and June to help my husband purge out our stuff in Zurich and enter together in June. Afterwards, we wait for the green card and social security card together. 

 

However, the CO told him to process his POE papers next week (business trip and dropping our son off to me), continue his business trip, and go back to Zurich. And he can still enter in June because of the valid visa (6 months). The CO said to not be abroad for more than a year. Is this really OK? 

 

Thanks in advance!

 

Sort of, you need to break it down in steps

 

1. Once a visa is issued on the passport that is valid for 6 months from date of issue. Say for example it expires on June 10 2020
2. Since your spouse is coming on visitor visa to drop off kid and a business trip, chances are the CBP offical will see the IR1 and stamp it for IR1 which is the best one for you.
3. Once he enters, he is now a LPR and part of requirement to maintain LPR is to not live outside the USA for more than 6 months in a given 12 month period. This is what he meant
4. But since he doesnt have his green card, he can use the visa on his passport till June 10, after that he will need to use the green card.

 

So if he flies back to swizerland in Feb 10 he can:

• reenter USA befire June 9 with his passport visa stamp or greencard if you can mail it to him or take it with you in april/june assumuing you get it
• reenter USA before July 9 with his green card only and he must return before this date to maintain his LPR status.

 

 

 

[pushbrk 12,087]

6 hours ago, saladboye said:

Sort of, you need to break it down in steps

 

1. Once a visa is issued on the passport that is valid for 6 months from date of issue. Say for example it expires on June 10 2020
2. Since your spouse is coming on visitor visa to drop off kid and a business trip, chances are the CBP offical will see the IR1 and stamp it for IR1 which is the best one for you.
3. Once he enters, he is now a LPR and part of requirement to maintain LPR is to not live outside the USA for more than 6 months in a given 12 month period. This is what he meant
4. But since he doesnt have his green card, he can use the visa on his passport till June 10, after that he will need to use the green card.

 

So if he flies back to swizerland in Feb 10 he can:

• reenter USA befire June 9 with his passport visa stamp or greencard if you can mail it to him or take it with you in april/june assumuing you get it
• reenter USA before July 9 with his green card only and he must return before this date to maintain his LPR status.

 

 

 

4. above is incorrect.  He can use the combination of the visa and stamp next to it to enter the US for a year.  Once used, the visa expiration is irrelevant. 

2.  Since the spouse has an immigrant visa, he is NOT coming on a visitor visa.

1.  Visas are valid for 6 months from the completion of the medical, not from the issue dates.

[Hank_ 9,171]

19 hours ago, saladboye said:

Sort of, you need to break it down in steps

 

1. Once a visa is issued on the passport that is valid for 6 months from date of issue DATE OF MEDICAL. Say for example it expires on June 10 2020
2. Since your spouse is coming on visitor visa HE WOULD BE ENTERING WITH THE IMMIGRANT VISA (no option to do otherwise) to drop off kid and a business trip, chances  are the CBP offical will see the IR1 and stamp it for IR1 which is the best one for you.
3. Once he enters, he is now a LPR and part of requirement to maintain LPR is to not live outside the USA for more than 6 months in a given 12 months period. This is what he meant
4. But since he doesnt have his green card, he can use the visa on his passport till June 10, after that he will need to use the green card.  UPON ENTRY INTO THE USA (POE) THE VISA WOULD BE INVALID, THE CBP AGENT WOULD STAMP THE PASSPORT WITH AN I-551 STAMP WHICH IS VALID FOR 1 YEAR.  ONCE CLEARING POE HIS PHYSICAL GREEN CARD WOULD BE ORDERED (IF THE IMMIGRATION FEE HAS BEEN PAID)

 

So if he flies back to swizerland in Feb 10 he can:

• reenter USA befire June 9 with his passport & I-551 visa stamp or greencard if you can mail it to him or take it with you in april/june assumuing you get it
• reenter USA before July 9 with his green card only and he must return before this date to maintain his LPR status.

 

 

 

 

"A general guide used is whether you have been absent from the United States for more than a year."

 

https://www.uscis.gov/green-card/after-green-card-granted/international-travel-a-permanent-resident

 

The 6 months absence is only a factor in regards to Naturalization requirements;

 

"Additionally, absences from the United States of six months or more may disrupt the continuous residency required for naturalization. "

 

 

[pushbrk 12,087]

10 hours ago, Hank_ said:

 

"A general guide used is whether you have been absent from the United States for more than a year."

 

https://www.uscis.gov/green-card/after-green-card-granted/international-travel-a-permanent-resident

 

The 6 months absence is only a factor in regards to Naturalization requirements;

 

"Additionally, absences from the United States of six months or more may disrupt the continuous residency required for naturalization. "

 

 

Correct, but note that all entries are a judgment call.  No guarantees.

[Hank_ 9,171]

1 hour ago, pushbrk said:

Correct, but note that all entries are a judgment call.  No guarantees.

Yup that is always true    

[Hank_ 9,171]

CBP agent =   

  

[CMJuilland 484]

I think you received good answers above, so no need for me to repeat what others have said a lot better and more concise than I could have. 

However, I did want to say congrats on the visa, and I am very happy for you that it all worked out with the medical and the visa.  Wishing your husband a good flight on Thursday!