Traveling on IR1 While Awaiting Green Card

[DD/JP 0]

Hello, all. 

 

After 2.5 years since filing our I-130, my husband and I recently received a date for his interview for an IR1 visa. Now that we have a date to work with, we are attempting to make some plans, but have a question before we can get very far with that.

 

Context: Basically, my husband is in the process of moving his mom to a new home he helped her purchase back in Colombia and expects to be wrapping that up a little after the time we expect to have his visa issued (likely by the end of October). I, of course, would love for him to make his initial visit as soon as that happens, but since there will likely be movement with the home purchase in November or December, he will need to be in Colombia during that time. So my question is:

If he comes to the US as soon as he has his IR1 visa, would he be able to return to Colombia temporarily before his green card is received, if necessary? Or would he not be allowed to travel/would it interfere with the process if he is not present when the green card is issued even if he technically can travel?

 

From what we've read, it will likely take around a month after entry to receive his green card, but there's a good chance he wouldn't be able to stay that long during the first visit due to aforementioned circumstances. If he has to wait until after completing the process with his mom's home to guarantee he can stick around until his green card is received, that means another 2 to 3 months (or more) before he could come. We could, of course, get through a few more weeks like we have the last 5 years since meeting if that is the only way, but it might be understandable why I'm eager to have him visit ASAP. Plus I'd love for him to visit for the first time in fall.  

 

Anyway, thank you for reading all of that and I do appreciate any advice anyone can give. I did extensive research and have not been able to find a clear answer, but folks on VJ are always helpful. 

 

Thanks so much,

Derek 

 

 

[Crazy Cat 41,981]

Once he enters the US with a valid IR-1 visa, CBP will stamp the passport.  That will serve as a temporary Green card until the plastic one arrives.  He is free to IMMEDIATELY exit the US and return later.  No issues.

Edited August 16, 2022 by Crazy Cat

[DD/JP 0]

On 8/16/2022 at 6:38 PM, Crazy Cat said:

Once he enters the US with a valid IR-1 visa, CBP will stamp the passport.  That will serve as a temporary Green card until the plastic one arrives.  He is free to IMMEDIATELY exit the US and return later.  No issues.

Thank you so much. That's really good to hear! October in Georgia is a beautiful time of year... and just around the corner.