Visa expiry date : enter to validate or let expire and extend?

[Helene S 14]

My IR1 visa was (finally) approved, hurrah. For various reasons I end up with a visa that expires in less than two months, at the expiry date of my medical exam, which is 3.5 months before our intended date of immigration.

We will both my husband and I relocate at the same time.

When submitting additional documents, I did submit a letter stating that I won't be able to travel before my medical exam expire and asked if the Visa could be on hold until I can book a new exam. This of course was ignored but it was worth a shot...

So from what I have read in this forum, I seem to have two options :
 

- Enter the US together before the expiry date to validate the VISA, come back to the UK then move together for real at the date we want

Will I be asked questions at the port of entry and can my entry be refused if we both clearly are coming temporarily ?

Do I have to enter in the city/state that I have stated as my place of immigration ?
 

- Let the visa expire and make a written request to the Embassy for a new visa (and a new medical exam)

What is the real prospect of this being accepted? The reason for not being able to travel until X date is due to ongoing medical treatment until that date, and notice due to my work place.

 

I see risks in both scenarios but if anyone has been through one of these I would be happy to hear
 

In addition to this, if anyone has experience of questions asked at port of entry when your visa is marked Class B req. ATTN at of USPHS at POW, I welcome this too.

 

Edited May 23, 2023 by Helene S

[Crazy Cat 39,591]

All immigrant visas expire 6 months after the medical exam.  There is no leeway.

Take option 1. If you let the visa expire, the consulate has the discretion to re-issue IF THE VISA HOLDER COULD NOT TRAVEL DUE TO CIRCUMSTANCES BEYONE HIS/HER CONTROL.  

There is no risk with option 1.  You can enter the US, then immediately leave.  You can enter & exit anywhere in the US.

Edited May 23, 2023 by Crazy Cat

[Boiler 43,692]

Option 1 all the way

[Dashinka 23,355]

I am for option 1.  I don’t foresee a lot of extra scrutiny or a refusal at POE, you are simply here scouting out places to live.

[pushbrk 12,224]

38 minutes ago, Crazy Cat said:

All immigrant visas expire 6 months after the medical exam.  There is no leeway.

Take option 1. If you let the visa expire, the consulate has the discretion to re-issue IF THE VISA HOLDER COULD NOT TRAVEL DUE TO CIRCUMSTANCES BEYONE HIS/HER CONTROL.  

 

There is no risk with option 1.  You can enter the US, then immediately leave.  You can enter & exit anywhere in the US.

Absolutely the best solution, and no risk.  No problem even telling them exactly what you are doing and why.

 

[powerpuff 5,970]

Are you prepared to start from square 1 if option 2 falls through and the consulate denies your request to re-issue the visa? If not then save yourself the headache and go with option 1.

[Helene S 14]

Thank you @Crazy Cat @Boiler @Dashinka @pushbrk and @powerpuff.

 

The “important information” paper I was issued with my passport states : You cannot travel to the US before your petitioner has travelled to establish residence. Tou must travel at the same time or after them.

 

Can we face an issue at POE because he is not actually taking up residence at this point? We will both have a return ticket.

 

Does it help if he travels a day or two before me or it makes no difference? 

 

[Dashinka 23,355]

24 minutes ago, Helene S said:

Thank you @Crazy Cat @Boiler @Dashinka @pushbrk and @powerpuff.

 

The “important information” paper I was issued with my passport states : You cannot travel to the US before your petitioner has travelled to establish residence. Tou must travel at the same time or after them.

 

Can we face an issue at POE because he is not actually taking up residence at this point? We will both have a return ticket.

 

Does it help if he travels a day or two before me or it makes no difference? 

 

Shouldn’t be an issue, and doesn’t really matter if he comes ahead by a few days.

[powerpuff 5,970]

43 minutes ago, Helene S said:

The “important information” paper I was issued with my passport states : You cannot travel to the US before your petitioner has travelled to establish residence. Tou must travel at the same time or after them.

 

Can we face an issue at POE because he is not actually taking up residence at this point? We will both have a return ticket.

 

Does it help if he travels a day or two before me or it makes no difference? 

No difference. Do not volunteer information to CBP unless they specifically ask. Keep your answers short but to the point 

[Mike E 11,726]

15 hours ago, Helene S said:

Enter the US together before the expiry date to validate the VISA, come back to the UK then move together for real at the date we want

Will I be asked questions at the port of entry and can my entry be refused if we both clearly are coming temporarily ?

Do I have to enter in the city/state that I have stated as my place of immigration ?

Possibly. Read 

This said, option 2 is inferior and could take years. Go with option 1, do not over share information at the POE, and return to the UK. That has over a 99 percent chance of success.

[Dashinka 23,355]

Just now, Mike E said:

Possibly. Read 

This said, option 2 is inferior and could take years. Go with option 1, do not over share information at the POE, and return to the UK. That has over a 99 percent chance of success.

I would argue 99.99%.   

[etrangais 927]

The immigration process is already complicated and stressful.

It is beyond me why some applicants try to complicate the process more than it is.

This is just the frustration of a petitioner whose wife's case has been stuck for more than a year now at the consulate.

 

Option 1 all the way

[Helene S 14]

1 hour ago, etrangais said:

The immigration process is already complicated and stressful.

It is beyond me why some applicants try to complicate the process more than it is.

This is just the frustration of a petitioner whose wife's case has been stuck for more than a year now at the consulate.

 

Option 1 all the way

@etrangais it is complicated and painful for everyone. This is not a particularily helpful remark, please keep your frustration and judgements to yourself as each situation is different.

Thank you for giving your view on option 1.

[etrangais 927]

3 minutes ago, Helene S said:

@etrangais it is complicated and painful for everyone. This is not a particularily helpful remark, please keep your frustration and judgements to yourself as each situation is different.

Thank you for giving your view on option 1.

I really did not mean to be judgmental or anything, I'm sorry if I came across that way.

All I'm saying is, why run the risk of adding unneeded hurdles and risks in the process? you never know what could go wrong if the visa expires and you try to extend it.

[Ellie_7 99]

Option 1.

 

As to OP's reply, "Keep frustration and judgments to yourself" the OP should keep in mind the TOS:

"By way of example, and not as a limitation, you agree that when using the Service, you will not: [...] Restrict or inhibit any other user from using and enjoying the Forums."

 

https://www.visajourney.com/terms-of-service/