How Long to Enter USA Once Issued a Green Card

[AP530 0]

I'm currently living in Canada and am married to an American citizen.  I'm thinking about applying for a marriage green card and was just wondering how long I have before I have to enter the US once the green card is issued.  I've read that a green card holder can be out of the states no longer than one consecutive year before forfeiting their status, would the same apply in my case since I would be living in Canada when issued a green card, i.e. I have one year to the enter the US?

 

Edit: not sure if this is the right forum, but my concern comes from how long I have to find employment, while still living in Canada, once issued the green card.  I initially thought I could keep my current job and just work remote, in the US but I no longer see that as a viable option.

Edited September 13, 2022 by AP530

[powerpuff 5,910]

You won’t be issued a green card, you’ll be issued an immigrant visa (CR1 or IR1 depending on the length of the marriage). You have 6 months from the medical exam before the visa expires. Once you enter the US, you’ll be given a I-551 stamp which acts as a plastic GC until you actually receive one after paying the fee.

 

Not really sure what you meant by the employment part of your question.

[Crazy Cat 39,312]

Once a spousal visa is issued, the holder has up to 6 months from the date of the medical exam to enter the US.

Edited September 13, 2022 by Crazy Cat

[AP530 0]

4 minutes ago, powerpuff said:

You won’t be issued a green card, you’ll be issued an immigrant visa (CR1 or IR1 depending on the length of the marriage). You have 6 months from the medical exam before the visa expires. Once you enter the US, you’ll be given a I-551 stamp which acts as a plastic GC until you actually receive one after paying the fee.

 

Thanks for the info.

5 minutes ago, powerpuff said:

Not really sure what you meant by the employment part of your question.

 

That was just to justify why I put it in the Finding Work in America forum  not exactly relevant information to my question.

5 minutes ago, Crazy Cat said:

Once a spousal visa is issued, the holder has up to 6 months from the date of the medical exam to enter the US.

Thanks!

[Chancy 6,233]

19 minutes ago, AP530 said:

I'm currently living in Canada and am married to an American citizen.

 

Has your US citizen spouse filed an I-130 petition for you yet?

 

[AP530 0]

Just now, Chancy said:

 

Has your US citizen spouse filed an I-130 petition for you yet?

 

Not yet, we have started the paperwork but have not sent it in as I want to make sure we have everything in order.

[SteveInBostonI130 3,319]

2 hours ago, AP530 said:

Edit: not sure if this is the right forum, but my concern comes from how long I have to find employment, while still living in Canada, once issued the green card.  I initially thought I could keep my current job and just work remote, in the US but I no longer see that as a viable option.

 

The good news is, with a CR1/IR1 visa you will be given LPR status the day you enter the US.  You have authorization to work remotely in terms of US immigration law.  Actually being able to work remotely is between you and your employer.

 

[carmel34 3,531]

5 hours ago, AP530 said:

Not yet, we have started the paperwork but have not sent it in as I want to make sure we have everything in order.

Spousal visas are taking a very long time from Canada right now because of the huge backlog in Montreal.  From the date the initial I-130 petition is submitted by your US citizen spouse, the estimated interview date in Montreal will be about 2 years later, assuming that all goes well, no RFEs or other bumps in the road.  Don't quit your job in Canada until you have the spousal visa in hand.  Good luck!

[AP530 0]

1 hour ago, carmel34 said:

Spousal visas are taking a very long time from Canada right now because of the huge backlog in Montreal.  From the date the initial I-130 petition is submitted by your US citizen spouse, the estimated interview date in Montreal will be about 2 years later, assuming that all goes well, no RFEs or other bumps in the road.  Don't quit your job in Canada until you have the spousal visa in hand.  Good luck!

Definitely won’t be quitting my job any time soon!  I figured there was a backlog…didn’t think it was that long but I think that might actually be better for our situation.  We might send the I-130 in sooner than expected though.  Thanks for your help!

[Lil bear 3,833]

27 minutes ago, AP530 said:

Definitely won’t be quitting my job any time soon!  I figured there was a backlog…didn’t think it was that long but I think that might actually be better for our situation.  We might send the I-130 in sooner than expected though.  Thanks for your help!

Get the I 130 going asap. Once that is approved, the processing   is sent to NVC for immigrant visa processing.  You can slow down the NVC stage by taking your time submitting documents if you think that things are going to be completed too early for you .. but just be aware .. things might slow down for all sorts of reasons .. 99% out of your control.. so you may find yourself faced with a longer processing time than you want. Nothing about the timing of visa approval is convenient, manageable or controllable by us !!   . 
 

Also, the spouse visa is for family reunification in the US .. your spouse will be required to have already established domicile in the US before your interview … most couples find this means the USC spouse returns to the US when the NVC stage is complete.. the Consulate has the file.. and the interview is 3-6 months away .. Montreal is notoriously strict on this requirement.. expect 3-6 months  separation at the last stage because of this. 

 

 

 

[AP530 0]

20 hours ago, Lil bear said:

Also, the spouse visa is for family reunification in the US .. your spouse will be required to have already established domicile in the US before your interview … most couples find this means the USC spouse returns to the US when the NVC stage is complete.. the Consulate has the file.. and the interview is 3-6 months away .. Montreal is notoriously strict on this requirement.. expect 3-6 months  separation at the last stage because of this. 

Would I be able to travel to visit my husband during that time?  I assume he is able to come back to Canada for a visit since he wouldn't be under immigration review.  We have a young son and it's hard to imagine us being apart for that long.

 

Also, do you know if, say the interview goes well and I get approved for the visa, would he be able to move back to Canada after the 3-6 month period to be with us while I look for employment in the states?  I'm the breadwinner so it wouldn't be wise for us to go down there with no job prospects..

This is seeming less and less feasible 😩

[Lil bear 3,833]

1 hour ago, AP530 said:

Would I be able to travel to visit my husband during that time?  I assume he is able to come back to Canada for a visit since he wouldn't be under immigration review.  We have a young son and it's hard to imagine us being apart for that long.

 

Also, do you know if, say the interview goes well and I get approved for the visa, would he be able to move back to Canada after the 3-6 month period to be with us while I look for employment in the states?  I'm the breadwinner so it wouldn't be wise for us to go down there with no job prospects..

This is seeming less and less feasible 😩

Breathe. If its important and the right thing for your family to move to the US you can make it work. At the moment you are getting bombarded by the complexities of the process.. and it can be overwhelming. 
 

 

Yes many Canadians travel across to visit during this time. Just be aware that you cant live in the US while waiting so make sure your visits are short and not too frequent   
 

He is going to have to establish domicile in the US before the interview. Are you planning in using a joint sponsor as it sounds like his income may not meet the requirement  for the I864 Affidavit of Support. Drivers licence, bank accounts, voter registration , vehicle registration and insurance are seen as good evidence.   
 

You may find it challenging to get a job interview /offer before you are actually an LPR.. and that happens only when you enter on the spouse visa 

 

Start filling out the I 130 and gathering the required documents. Get it ready to submit. At the same time do a lot of reading in the Canada  sub  forum here and the USCIS site .. look at the NVC process at https://travel.state.gov/content/travel/en/us-visas/immigrate/the-immigrant-visa-process/step-1-submit-a-petition/step-2-begin-nvc-processing.html

 

Get your heads and hearts around what its going to “cost” to immigrate to the US.. then decide if you are going to apply 

 

Does your child have a US passport ? If the child was born outside the US, did your husband register the birth with the US Consulate and  have a CRBA certifucate in hand ? 

 

 

[AP530 0]

3 hours ago, Lil bear said:

Breathe. If its important and the right thing for your family to move to the US you can make it work. At the moment you are getting bombarded by the complexities of the process.. and it can be overwhelming. 
 

Yes many Canadians travel across to visit during this time. Just be aware that you cant live in the US while waiting so make sure your visits are short and not too frequent   
 

He is going to have to establish domicile in the US before the interview. Are you planning in using a joint sponsor as it sounds like his income may not meet the requirement  for the I864 Affidavit of Support. Drivers licence, bank accounts, voter registration , vehicle registration and insurance are seen as good evidence.   

I'm now realizing it is a bit overwhelming!  Makes me wish we had just gone forward with the K-1 visa which I got to the booking the interview stage back in 2019 but then got cold feet due to finances and so he moved up here, but ultimately I think that was the right decision at the time.

 

Yes, we are going to have his mother be the co-sponsor.  He has a potential job prospect as he is in good standing with his former boss, who has mentioned informally that if he ever moved back he would have a job, so we are hoping that when the time comes they might offer him employment.

3 hours ago, Lil bear said:

You may find it challenging to get a job interview /offer before you are actually an LPR.. and that happens only when you enter on the spouse visa 

  I'm planning on testing the waters and just see if there is any interest in my skill set from US employers, but I understand your comment, I know I wouldn't necessarily be in a desirable position to potential employers.

 

3 hours ago, Lil bear said:

Start filling out the I 130 and gathering the required documents. Get it ready to submit. At the same time do a lot of reading in the Canada  sub  forum here and the USCIS site .. look at the NVC process at https://travel.state.gov/content/travel/en/us-visas/immigrate/the-immigrant-visa-process/step-1-submit-a-petition/step-2-begin-nvc-processing.html

Awesome resources, thanks!  I haven't looked around the sub forums much but there appears to be a treasure trove of information.  I can see myself falling down a rabbit hole for sure!

 

3 hours ago, Lil bear said:

Does your child have a US passport ? If the child was born outside the US, did your husband register the birth with the US Consulate and  have a CRBA certifucate in hand ? 

Yes, our son has his US passport and CRBA certificate.

 

Thanks for the kind words!  It's nice to hear it from people who have already gone through the arduous process.  It can be done!

[Lil bear 3,833]

10 minutes ago, AP530 said:

I'm now realizing it is a bit overwhelming!  Makes me wish we had just gone forward with the K-1 visa which I got to the booking the interview stage back in 2019 but then got cold feet due to finances and so he moved up here, but ultimately I think that was the right decision at the time.

 

Yes, we are going to have his mother be the co-sponsor.  He has a potential job prospect as he is in good standing with his former boss, who has mentioned informally that if he ever moved back he would have a job, so we are hoping that when the time comes they might offer him employment.

  I'm planning on testing the waters and just see if there is any interest in my skill set from US employers, but I understand your comment, I know I wouldn't necessarily be in a desirable position to potential employers.

 

Awesome resources, thanks!  I haven't looked around the sub forums much but there appears to be a treasure trove of information.  I can see myself falling down a rabbit hole for sure!

 

Yes, our son has his US passport and CRBA certificate.

 

Thanks for the kind words!  It's nice to hear it from people who have already gone through the arduous process.  It can be done!

Yes it can ! Just make sure you are getting resources and info from solid reliable sources.. not youtube! .. always referring back to the instructions put put by USCIS for each form you are using.. read read and reread.. ask questions here..Go well !