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Ely
Ely, Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 101731
Experience:  US immigration attorney licensed in state and federal court.
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Leaving the USA before green card is received

Resolved Question:

I’m living in the UK with my wife (a US citizen) and I recently received a CR1 spouse visa that expires April 9th 2015. I intend to move to the US with my wife on July 1st 2015.

Can I simply go to NY weekend trip before April to initiate the process and have my green card mailed to a family member within the US who can then mail it to me back in the UK?

I know the delivery date green card is roughly 6 weeks and I would ideally like to be in the UK during that period so that I can continue to work.

Is this 100% safe and in keeping with US immigration laws? Can I openly tell the US border agency all of my intentions as I hand them my visa packet when I arrive?

Submitted: 2 years ago.
Category: Immigration Law
Expert:  Ely replied 2 years ago.
. My name is ***** ***** welcome to JustAnswer. Please note: (1) this is general information purposes only and not legal advice, and, (2) there may be a slight delay between your follow ups and my reply.
Can I simply go to NY weekend trip before April to initiate the process and have my green card mailed to a family member within the US who can then mail it to me back in the UK?
Do you mean you wish to enter formally on your greencard, and then leave again while documentation in the mail?
Or you wish to enter on a VWP and then enter later on a greencard?
Or, something else?
This is not an answer, but an Information Request. I need this information to answer your question. Please reply, so I can answer your question. Thank you in advance.
Customer: replied 2 years ago.

Ely, I have received a CR1 visa in my passport and an embassy sealed envelope. This CR1 visa expires April 9th. Once I arrive in the US (before April 9th) I present my envelope to the border agency and once they stamp my visa, I am issued a green card that is valid residency. However this green card is mailed to a US address that I specify upon arriving. This takes about 6 weeks to arrive in the mail.

My current employment in the US is due to expire July 1st and my wife and I intend to move to the US then.

I read on an online forum that someone in a similar situation visited the US weekend trip and had the green card mailed to a family member in the US. Then they traveled back to their home country (without their green card) and had their family member mail their green card to them. They then entered the US again, this time with their green card.

I intend to do the same - fly to NY weekend in March and initiate the green card. Have it sent to my sister in NY. Return to the UK. Have my sister mail me the green card and officially move to the US with my wife July 1st.

I would like to know if this is allowed and 100% okay to do so. It is not a possibility to extend the CR1 visa as that requires reapplying - a process I don't wish to do again!

Thanks help!

Tom

Expert:  Ely replied 2 years ago.
T,
Thank you.
Yes, this is permissible to do. safety, one should request an entry stamp in their home country's passport just in case.
Otherwise, this is an acceptable practice.
Good luck.
I hope this helps and clarifies. Gentle Reminder: Use the reply button to keep chatting, or please rate and submit your rating when we are finished. You may always ask follow ups at no charge after rating. Kindly rate my answer as one of the top three faces/stars and then submit, as this is how I get credit time with you. Rating my answer the bottom two faces/stars does not give me credit and reflects poorly on me, even if my answer is correct. I work very hard to formulate an informative and honest answer ; please reciprocate my good faith.
Ely, Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 101731
Experience: US immigration attorney licensed in state and federal court.
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