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Not ready to move to US, what are my options?

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  #1 (permalink)  
Old 12th June 2009, 02:14 PM
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Originally from australia. Expat in usa.
Default Not ready to move to US, what are my options?

Hi,

I have got my passport back with my US green card (through the DV lottery) and it expires November 2009. I have looked over loads of threads but still have some questions.

My current situation:
I'm in a same-sex relationship (partner is English, I'm Australian) and I live in the UK (residency through partner). I applied for the lottery a few years ago while living in Australia and finally was lucky! My partner can't get a green card but can get a transfer with her company but only after staying with them in UK for 2 years.

I don't want to travel and live in the US without her but we would like to reside there permanently once she gets a transfer. I don't see any other way that she could immigrate with me, unless through work sponsorship. I'm hoping to go to the US in November and stay with a friend in Atlanta who I listed on my green card forms.

Questions:
1. Once I go through airport immigration I will apply for a SSN after 10 days, then a bank account and then possibly a drivers licence. When does the actual green card come in the post? Weeks, months, years? Is it generated from me arriving in the US or from applying for a SSN or do I need to do anything else?

2. Can I travel outside the US before I get the actual green card?

3. I was thinking about applying for a re-entry permit for 2 years so that will give us time to work in UK, then relocate to the US permanently. How long approx. will it take to get a re-entry permit? I would hope to apply once I get my SSN and possibly apply for it on my 2nd visit in December or January 2010.

4. Would working in the UK temporary and wanting to stay with my partner be grounds to be granted a re-entry permit?

I appreciate any responses, the forum has been very helpful, well done everyone!

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Old 12th June 2009, 02:36 PM
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Originally from uk. Expat in usa.
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1. Used to be in the 2 to 6 week time frame. However, USCIS have reported long delays due to renovation of the card-producing facility. The card is generated from you arriving in the US by the paperwork done by the officer in secondary inspection. If you want it to go to a different address, ensure you tell him/her at this time. Also, ensure that your name is on the mail box where it's being delivered -- Claven types in USPS have been known to return them to the sender if they think it's not your mailing address.

2. Yep. The green card is merely proof of your status. CBP will stamp the MRV in your passport which is another proof -- valid, in this case, for a year. However, don't expect those outside the immigration system (e.g. airline check-in employees, DMV drones, etc) to actually understand this. Be prepared to stand your ground.

3. You're thinking along the right lines. The area of abandonment is very tricky. I'd have a lawyer consult if I were you.

4. See above. You need to craft a case with a reasonable chance of success.

Other points. The Federal year turns on Nov 1. Don't you have to enter before then? The "I'm hoping to go to the US in November" worries me. Did you mean late October?
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Old 12th June 2009, 03:09 PM
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Originally from australia. Expat in usa.
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Quote:
Originally Posted by Fatbrit View Post
1. Used to be in the 2 to 6 week time frame. However, USCIS have reported long delays due to renovation of the card-producing facility. The card is generated from you arriving in the US by the paperwork done by the officer in secondary inspection. If you want it to go to a different address, ensure you tell him/her at this time. Also, ensure that your name is on the mail box where it's being delivered -- Claven types in USPS have been known to return them to the sender if they think it's not your mailing address.

2. Yep. The green card is merely proof of your status. CBP will stamp the MRV in your passport which is another proof -- valid, in this case, for a year. However, don't expect those outside the immigration system (e.g. airline check-in employees, DMV drones, etc) to actually understand this. Be prepared to stand your ground.

3. You're thinking along the right lines. The area of abandonment is very tricky. I'd have a lawyer consult if I were you.

4. See above. You need to craft a case with a reasonable chance of success.

Other points. The Federal year turns on Nov 1. Don't you have to enter before then? The "I'm hoping to go to the US in November" worries me. Did you mean late October?
My green card sticker in my passport expires 28 November 2009 so I assume I need to be in before this date?

So once I get stamped at the airport I can travel overseas before the actual green card arrives and shouldn't have any problems getting back into the US about a month or two later?

Thanks Fatbrit.
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Old 12th June 2009, 07:59 PM
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Quote:
Originally Posted by mfowler View Post
My green card sticker in my passport expires 28 November 2009 so I assume I need to be in before this date?
Were you DV2009?

Quote:
Originally Posted by mfowler View Post
So once I get stamped at the airport I can travel overseas before the actual green card arrives and shouldn't have any problems getting back into the US about a month or two later?
Wouldn't go as far as no problems! You'll have no problems with CBP. Airline check-in staff I can't vouch for. The new ESTA system (you don't need it!) has rather thrown a spanner in the works. Just be firm but polite if you meet one who was busy eating donuts during the training class. You are a permanent resident and the proof is the stamp on your MRV.
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Old 16th June 2009, 11:12 AM
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Originally from australia. Expat in usa.
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Quote:
Originally Posted by Fatbrit View Post
Were you DV2009?



Wouldn't go as far as no problems! You'll have no problems with CBP. Airline check-in staff I can't vouch for. The new ESTA system (you don't need it!) has rather thrown a spanner in the works. Just be firm but polite if you meet one who was busy eating donuts during the training class. You are a permanent resident and the proof is the stamp on your MRV.

Yes I was a DV 2009 winner. Green card in my passport has an expiry date 28 Nov 2009 so I assumed this is the date I need to be in the USA before. Is there anywhere I can check if that's correct? At the embassy they said I had to enter within 6 months of being granted so that date corresponds.

I will also need a new passport this year as I've only got one free page left, although I have many other spots for entry stamps. If I get a new passport once in the US will I need to get another Green Card put in it?

Is there anything other than the closed envelope I got, x-rays and proof of financial standing I will need to bring with me for immigration at the airport?

Thanks.
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Old 16th June 2009, 11:56 AM
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I am confused - what GC is stamped into your UK passport?
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Old 16th June 2009, 12:09 PM
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Originally from australia. Expat in usa.
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Originally Posted by twostep View Post
I am confused - what GC is stamped into your UK passport?
Sorry for confusing... last month I was granted a green card (Immigrant Visa) through the DV2009 lottery and I had a sticker placed in my passport, which will be a temporary I-551 once endorsed at point of entry into US.

Does that make more sense?
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Old 16th June 2009, 12:24 PM
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Originally from togo. Expat in usa.
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The stamp will say

'Processed for I-551.
TEMPORARY EVIDENCE OF
LAWFUL ADMISSION FOR
PERMANENT RESIDENCE
VALID UNTIL [date].
EMPLOYMENT AUTHORIZED'
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Old 16th June 2009, 12:32 PM
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Originally from australia. Expat in usa.
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Quote:
Originally Posted by Davis1 View Post
The stamp will say

'Processed for I-551.
TEMPORARY EVIDENCE OF
LAWFUL ADMISSION FOR
PERMANENT RESIDENCE
VALID UNTIL [date].
EMPLOYMENT AUTHORIZED'
Davis1 - that is correct.

So I've assumed I can come into the US anytime before the expiry date on the sticker. It's a little frustrating that they don't send out any useful information with your passport, just an envelope you can't open!

Can I apply for the re-entry permit as soon as I arrive in the US or do I have to wait until I have the actual green card and SSN?

Thanks guys.
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Old 16th June 2009, 01:48 PM
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Originally from togo. Expat in usa.
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Quote:
Originally Posted by mfowler View Post
Davis1 - that is correct.

So I've assumed I can come into the US anytime before the expiry date on the sticker. It's a little frustrating that they don't send out any useful information with your passport, just an envelope you can't open!

Can I apply for the re-entry permit as soon as I arrive in the US or do I have to wait until I have the actual green card and SSN?

Thanks guys.
Always best to get everything in your hand before you go to the next stage ...but not compulsory
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