Question about I551 temp visa

[Elliott & Dora 6]

Hi,

I am currently working as a US Gov employee in South Korea. My wife and step children were recently issued the I551 temp visa’s in their passports. I understand most of the implications that affect her green card status while residing with me here but I am confused if they are required to enter the US to start the green card issue process. I have already payed the immigration fee and the interviewer at the consulate was fully aware of my status here and that I would not depart for a few years. Should I contact USCIS to make sure they are aware of my current situation and not to expect the family members to enter the US till the end of my tour here? Will any of this delay the issuance of green cards?

 

TIA

Elliott&Dora

[Crazy Cat 39,591]

What is the expiration date on the actual visas?  Are there some kind of special rules which state they don't have to enter the US prior to the expiration date?  

Edited July 16, 2023 by Crazy Cat

[Elliott & Dora 6]

The visas expire in Dec 2023. From what I have been reading if I am working overseas for an US entity then requirement that states a green card holder cannot leave the US for more than 1 year doesn’t apply. I am very interested in what starts the process. Are they required to enter? I am thinking of sending an inquiry to USCIS and the embassy and await an response.

[SteveInBostonI130 3,328]

You are probably confusing the statement at the bottom of their IR1/CR1 and IR2/CR2 visas that state "upon endorsement this serves as a temporary I-551 for one year".

 

They have IR1/CR1 and IR2/CR2 visas.  Those will not turn into temporary I-551 until they travel to the US and CBP endorses them.

 

They have until the expiration of their visas to travel to the US.  Afterwards, their visas will be void and you/they will have to start again from scratch.

 

There was a way for you to delay their visas and coordinate the timing to about when you return to the states by not submitting the required documents at the NVC stage.  But that's in the past.

 

Your options now are:

 

1)  Check to see if your employment condition qualifies as being domiciled in the US.  Certain cases, like family deployment orders, allow the family to be considered as US residents even though they are in another country.  If yes, then pay the immigration fees, travel with your family to "activate" their visas and get them LPR status.  File for SSN for both if you did not select that option, or just go to SSA even if you did.  Get the SS card and GCs, or have family/friends get them and send them to you in Korea (I would recommend you wait to get them yourselves).

 

2)  Pay the immigration fees, travel with your family to "activate" their visas and get them LPR status.  File for SSN for both if you did not select that option, or just go to SSA even if you did. File re-entry permits for both, wait for biometrics, and then return to Korea.  Or, you can return right away and they wait for the biometrics before travelling to join you.  Have family or close friends get their physical GCs (if it takes a while to get) and re-entry permit and send them to you in Korea.  Re-entry is good for up to 2 years.

 

3)  Let the visas expire and start all over.  File I-130s for your wife and step-child.  This time, when the I-130s are approved, do not pay the AOS and IV fees at NVC.  Wait until about 6-8 months before your anticipated return to US date, then pay and complete the NVC steps.

[Crazy Cat 39,591]

13 minutes ago, Elliott & Dora said:

The visas expire in Dec 2023. From what I have been reading if I am working overseas for an US entity then requirement that states a green card holder cannot leave the US for more than 1 year doesn’t apply. I am very interested in what starts the process. Are they required to enter? I am thinking of sending an inquiry to USCIS and the embassy and await an response.

@SteveInBostonI130 explained it extremely well.  They have to enter WITH YOU.  Upon entry, CBP will stamp (endorse) the visas making them legal residents.  They MUST ENTER PRIOR TO THE EXPIRATION DATES.  Good luck. 

[Lil bear 3,842]

1 hour ago, Elliott & Dora said:

Hi,

I am currently working as a US Gov employee in South Korea. My wife and step children were recently issued the I551 temp visa’s in their passports. I understand most of the implications that affect her green card status while residing with me here but I am confused if they are required to enter the US to start the green card issue process. I have already payed the immigration fee and the interviewer at the consulate was fully aware of my status here and that I would not depart for a few years. Should I contact USCIS to make sure they are aware of my current situation and not to expect the family members to enter the US till the end of my tour here? Will any of this delay the issuance of green cards?

 

TIA

Elliott&Dora

As others have stated .. its not quite as simple as you are thinking.. but there is a way around that is workable.  If you cannot manage the  process, then let their visas lapse and start new applications 18 months prior to your intended return to the US  

 

1. Pay the GC fees and enter the US all together prior to the visa expiry date   Use the address of a trusted family member/friend as your US address.. the CBP officer needs to enter this into the system when you enter. 

2. get SSN, drivers licences etc as soon as you can 

3. apply for reentry permits for all of them. Request they be sent to the US consulate in the country where you are living ( do this on the I131 form) 
4 You can return immediately but they must wait in the US until they complete the biometrics process OR more likely are notified that biometrics already in the system are being reused. They do not need to live at the address given to the CBP. Have a fun vacation !! They can then leave the US 

5 Once the reentry permit is approved,  it holds their LPR status for 2 years from the approval date. If this isn't ling enough they will need to apply for it again .. they must renter the US before it expires and apply as before from within the US   Stay until biometrics are completed again. 
 

 

[Dashinka 23,355]

This may be helpful.  If you qualify, your spouse may be able to file for naturalization almost immediately after activating their LPR status.

 

E. Exception to Continuous Residence and Physical Presence Requirements

Spouses of U.S. citizens who are regularly stationed abroad under qualifying employment may be eligible to file for naturalization immediately after obtaining LPR status in the United States. Such spouses are not required to have any prior period of residence or specified period of physical presence within the United States in order to qualify for naturalization.^[19]

 

^{https://www.uscis.gov/policy-manual/volume-12-part-g-chapter-4}

[Elliott & Dora 6]

1 hour ago, SteveInBostonI130 said:

You are probably confusing the statement at the bottom of their IR1/CR1 and IR2/CR2 visas that state "upon endorsement this serves as a temporary I-551 for one year".

 

They have IR1/CR1 and IR2/CR2 visas.  Those will not turn into temporary I-551 until they travel to the US and CBP endorses them.

 

They have until the expiration of their visas to travel to the US.  Afterwards, their visas will be void and you/they will have to start again from scratch.

 

There was a way for you to delay their visas and coordinate the timing to about when you return to the states by not submitting the required documents at the NVC stage.  But that's in the past.

 

Your options now are:

 

1)  Check to see if your employment condition qualifies as being domiciled in the US.  Certain cases, like family deployment orders, allow the family to be considered as US residents even though they are in another country.  If yes, then pay the immigration fees, travel with your family to "activate" their visas and get them LPR status.  File for SSN for both if you did not select that option, or just go to SSA even if you did.  Get the SS card and GCs, or have family/friends get them and send them to you in Korea (I would recommend you wait to get them yourselves).

 

2)  Pay the immigration fees, travel with your family to "activate" their visas and get them LPR status.  File for SSN for both if you did not select that option, or just go to SSA even if you did. File re-entry permits for both, wait for biometrics, and then return to Korea.  Or, you can return right away and they wait for the biometrics before travelling to join you.  Have family or close friends get their physical GCs (if it takes a while to get) and re-entry permit and send them to you in Korea.  Re-entry is good for up to 2 years.

 

3)  Let the visas expire and start all over.  File I-130s for your wife and step-child.  This time, when the I-130s are approved, do not pay the AOS and IV fees at NVC.  Wait until about 6-8 months before your anticipated return to US date, then pay and complete the NVC steps.

Thanks for the clarification and I guess we will be taking a small vacation to “activate” the visa’s. I don’t believe I need to do reentry permits due to my employment status of US entity.

 

42 minutes ago, Dashinka said:

This may be helpful.  If you qualify, your spouse may be able to file for naturalization almost immediately after activating their LPR status.

 

E. Exception to Continuous Residence and Physical Presence Requirements

Spouses of U.S. citizens who are regularly stationed abroad under qualifying employment may be eligible to file for naturalization immediately after obtaining LPR status in the United States. Such spouses are not required to have any prior period of residence or specified period of physical presence within the United States in order to qualify for naturalization.^[19]

 

^{https://www.uscis.gov/policy-manual/volume-12-part-g-chapter-4}

Yes I am aware of this and that is my next step as soon as she has her green card.

[Crazy Cat 39,591]

14 minutes ago, Elliott & Dora said:

I don’t believe I need to do reentry permits due to my employment status of US entity.

Do you have a reference for that?  I don't see any exceptions. 

[Elliott & Dora 6]

1 hour ago, Crazy Cat said:

Do you have a reference for that?  I don't see any exceptions. 

8 CFR § 211.1
 

(6) A Form I–551, whether or not expired, presented by a civilian or military employee of the  United States Government who was outside the  United States pursuant to official orders, or by the spouse or child of such employee who resided abroad while the employee or serviceperson was on overseas duty and who is preceding, accompanying or following to join within 4 months the employee, returning to the  United States; or

[Crazy Cat 39,591]

23 minutes ago, Elliott & Dora said:

8 CFR § 211.1
 

(6) A Form I–551, whether or not expired, presented by a civilian or military employee of the  United States Government who was outside the  United States pursuant to official orders, or by the spouse or child of such employee who resided abroad while the employee or serviceperson was on overseas duty and who is preceding, accompanying or following to join within 4 months the employee, returning to the  United States; or

That does not concern the need for a re-entry permit.   Good luck.  I hope you find all the answers you need..