CR1 visa - leaving the US while waiting for green card?

[JRoo 3]

Hello everyone, my husband's CR1 visa was just approved. We are moving from the UK to the US and applied through direct consular filing. He is a British citizen. We are both still in the UK (I did not move over before him)

 

After he enters the US and validates the CR1 visa, does he need to stay in the country until he receives his green card? We want to move in two trips which would look like this:

 

1. We enter the US on 6th Dec, he validates the visa and we apply for the green card to be sent

2. We leave the US 14 Dec to come back to the UK and finish organising our stuff to move (green card not yet received)

3. We return to the US on 17th Jan 

 

Thank you!

Edited November 29, 2023 by JRoo

[Crazy Cat 39,268]

8 minutes ago, JRoo said:

does he need to stay in the country until he receives his green card?

No.  When he enters the US, CBP will stamp (endorse) his immigrant visa.  That will act as a full-fledged Green Card for a year or until the plastic one arrives.  He can actually enter, then immediately exit the US.

Edited November 29, 2023 by Crazy Cat

[JRoo 3]

22 minutes ago, Crazy Cat said:

No.  When he enters the US, CBP will stamp (endorse) his immigrant visa.  That will act as a full-fledged Green Card for a year or until the plastic one arrives.  He can actually enter, then immediately exit the US.

Thanks so much!

[OldUser 4,824]

7 hours ago, JRoo said:

Thanks so much!

For N-400 purposes(I know it's far away) you may need to consider Jan 17 2024 as start of residency or the start of Green Card whichever later.

Edited November 29, 2023 by OldUser

[Dashinka 23,251]

A little off topic, but since the thread was titled CR1, I am just curious, how long away is your second wedding anniversary date?  If close, I suggest planning to enter the US after that date to avoid the I751 process.

 

Good Luck!

 

[JRoo 3]

23 minutes ago, Dashinka said:

A little off topic, but since the thread was titled CR1, I am just curious, how long away is your second wedding anniversary date?  If close, I suggest planning to enter the US after that date to avoid the I751 process.

 

Good Luck!

 

 

What's the I751 process? we just got married in August

[Chancy 6,233]

*** Moved from IR1/CR1 Process & Procedures to Moving to the US forum, where similar topics about processes after visa issuance and US entry are discussed ***

 

[Dashinka 23,251]

12 minutes ago, JRoo said:

 

What's the I751 process? we just got married in August

I751 is also called Removal of Conditions.  Since you only married in August (I assume 2023), your husband will receive a 2 yr conditional green card after he enters to the US, so in two years less 90 days from his date of entry, he will need to file the I751 form to remove conditions and get a 10yr green card.  It is not relevant right now so I apologize for bringing it up, but I have seen many folks enter the US on a CR1 very close to their 2nd wedding anniversary date which is the cut-off between a 2yr GC and 10yr GC.

 

Good Luck!