Visa in passport but emergency strikes

[dnoblett]

That sucks!!! The visa should not be issued when they got the blue slip. How can it?

Could have been considered "Approved pending AR" the blueslip was just notice that required additional review, but the visa was considered to be approved.

 

11. What happens if I can¡¯t travel within six months of when I receive my visa?

 

Immigrant and fianc¨¦/e visas cannot be extended. If the visa is not used within its period of validity, you must bring it and the visa packet to our office for cancellation, along with a statement explaining the reasons why the visa was not used. It is possible that you will be eligible to receive a new visa, although this is not certain and depends on the circumstances of your case. Payment of an additional visa application fee may be required.

This is from the Consulate at Guangzhou.

Yes medical emergency may be considered reason to re-issue as well as the expectation that the visa would be valid for 6 months after the outcome of the blue slip, NOT the date of interview.

 

Other option would to make a trip to the USA activate visa get I-551 stamp at POE and return to China. I-551 = green-card.

Do you happen to know if there is a requirement as to how long he must stay in the US before exiting the country? Last night I was brainstorming and thought this might be the best option since we could just book a round trip ticket and once matters are resolved he can reenter the US (hoping hoping things turn out ok). I need to read up on any entry/exit requirements though it seems...

 

It really seems like NOT using the visa is going to cause at LEAST 1/2 year delay....if it gets re-issued, of course.

You could turn around and take the next plane to China, the I-551 stamp = a green-card valid for 1 year, there is NO residency restriction, however it is best to not stay away from USA for more than 6 months.

 

I've never heard of a visa expiring that fast. I would contact the consulate and see if you can get it extended.

Yep, I too would be looking into this, contact the Embassy in Beijing, they may be able to do this there rather than having to travel all the way to Guangzhou.

 

I think they make the visa valid starting with the date when you take your medical exams. My visa is only good for 5 and half month because I got my checkups 2 weeks before the interview.

 

I have a similar situation as yours, I have contacted the GUZ office, they suggest me returning my visa and the packet. I will need to apply again in GZ since they will retain all our documents there when we are ready. We might stay in China for another year or so. I don't know if this info helps.

This too was a mistake on the part of the consulate, Med is considered valid for ONE YEAR, the visa should not have been set valid for 6 months after medical date either.

 

My wife got her medical exam done right before her interview (two days) and her visa is good for around five months. I think Kat's explanation is very plausible.

Again VO is wrong on this, medical is valid for 1 year.

 

My wife's visa states " upon endorsement serves as temporary I-551 Evidencing permanent residence for 1 year."

 

Therefore, I say it can be used upon endorsement.

 

Sanity check: Does the visa itself get stamped in the passport? Is that the proof of endorsement? Or is it something else that needs to get carried around in addition to the passport. His visa says the same thing as you have listed..w/o the actual endorsement of course.

 

So, w/ such an endorsement, would re-entry into the US be acceptable without actually having the green-card in hand at a later date, possibly a few months later? I am thinking it would probably be best if he comes to the US for a few days and then fly back out and continue to tend to family matters and then the green card would still be mailed to us at my address. If he really needs it I could send it to him in China I suppose....but ideally I wouldn't want to mail something like that..ughh

 

Well, at least it initially appears as though entering and exiting the US is a viable option. I'll relay it to him tonight and hopefully it will help him at least take this visa stuff off his mind:(

The passport gets an I-551 stamp, the visa is considered VOIDED upon usage, it is the I-551 stamp and passport that servers as a GREEN-CARD

 

And YES, the I-551 stamp allows for future re-entries.

 

You will receive a permanent green-card in the mail a few weeks after entry to the USA, but the I-551 stamp WILL allow travel BEFORE getting the actual card in the mail.

Yes and yes. The visa inside the Chinese passport will serve as a temp GC - good for one year. It may be worthwhile to take the approval letter with you as well.

Note, the VISA is VOID upon first use it does not serve as a temp green-card, it is the I-551 stamp that does. Approval letter not a requirement to travel, just the I-551 stamp is.

[chilton747]

The stamp is actually put in the passport in a way that it overlaps the visa a little. I believe this is the "endorsement."

[baobeizhu]

The stamp is actually put in the passport in a way that it overlaps the visa a little. I believe this is the "endorsement."

 

Question, have all of your SO's arriving on CR-1 received the stamp w/o requesting it? i.e. will the officer at POE automatically put it in the passport?

 

Have any of your SO's traveled solely on the stamp?

Edited January 4, 2010 by baobeizhu (see edit history)

[chilton747]

The stamp is actually put in the passport in a way that it overlaps the visa a little. I believe this is the "endorsement."

 

Question, have all of your SO's arriving on CR-1 received the stamp w/o requesting it? i.e. will the officer at POE automatically put it in the passport?

 

Have any of your SO traveled solely on the stamp?

 

It was not requested. They put it in without question.

 

I can't see why there would be a problem traveling on a stamp. That is what it's for as well as working in the US. It IS a temporary green card with all of the green card benefits.

[baobeizhu]

The stamp is actually put in the passport in a way that it overlaps the visa a little. I believe this is the "endorsement."

 

Question, have all of your SO's arriving on CR-1 received the stamp w/o requesting it? i.e. will the officer at POE automatically put it in the passport?

 

Have any of your SO traveled solely on the stamp?

 

It was not requested. They put it in without question.

 

I can't see why there would be a problem traveling on a stamp. That is what it's for as well as working in the US. It IS a temporary green card with all of the green card benefits.

 

Ok, good, got it. Thanks again.

The stamp perfectly makes sense since not everyone may receive the greencard in the mail asap....

 

I don't think he will have to stay in China over 6 months, but if he does we'll just have to plan ahead and file the appropriate paperwork it seems...hopefully it doesn't come to that though~

[Kyle]

I don't think he will have to stay in China over 6 months, but if he does we'll just have to plan ahead and file the appropriate paperwork it seems...hopefully it doesn't come to that though~

 

I think only staying for longer than one year, do you need to file for a reentry permit.

 

Any stay longer than six months, however, will put the burden on the green card holder, to show that they have not given up the intent to immigrate.

 

Although a reentry permit isn't required for stays less than one year, an LPR can still lose their status (trips for 6 mo + but less than 1 yr) if they cannot adequately prove that they have kept their intent to immigrate as well as lose time eligibility requirements for naturalization.

Edited January 4, 2010 by Kyle (see edit history)

[baobeizhu]

I don't think he will have to stay in China over 6 months, but if he does we'll just have to plan ahead and file the appropriate paperwork it seems...hopefully it doesn't come to that though~

 

I think only staying for longer than one year, do you need to file for a reentry permit.

 

Any stay longer than six months, however, will put the burden on the green card holder, to show that they have not given up the intent to immigrate.

 

Although a reentry permit isn't required for stays less than one year, an LPR can still lose their status (trips for 6 mo + but less than 1 yr) if they cannot adequately prove that they have kept their intent to immigrate as well as lose time eligibility requirements for naturalization.

 

Ok, good to know. These are all the worst case scenarios, but it's good for us to consider all of this in advance indeed!

 

I am basically looking into bringing him to the US as planned but on a round trip ticket instead. Also, once he enters at least his SSN paperwork, GC, etc will get rolling...

 

At least in terms of entering the US this visa business isn't looking as disasterous as we originally thought, so at least there is some good news

[shanghaigale]

One other thing to think about. If there is a chance he could be out of the USA over the one year time limit after getting his 551 stamp. You should definitely file for the reentry permit and remember that it has to be filed before he exits to go back to China, he can't do it after he has left! We did that with my wife because we had to go back to China for another 15 months before permanently returning to the USA. We exited to China again after 11 days in the USA. We had the reentry permit forwarded to the consulate in Shanghai where I was working. It took almost 6 months before it showed up. He would also want to contact the consulate and make sure to watch for it and give them contact information as to how to get in touch with him.

Gale

 

I don't think he will have to stay in China over 6 months, but if he does we'll just have to plan ahead and file the appropriate paperwork it seems...hopefully it doesn't come to that though~

 

I think only staying for longer than one year, do you need to file for a reentry permit.

 

Any stay longer than six months, however, will put the burden on the green card holder, to show that they have not given up the intent to immigrate.

 

Although a reentry permit isn't required for stays less than one year, an LPR can still lose their status (trips for 6 mo + but less than 1 yr) if they cannot adequately prove that they have kept their intent to immigrate as well as lose time eligibility requirements for naturalization.

 

Ok, good to know. These are all the worst case scenarios, but it's good for us to consider all of this in advance indeed!

 

I am basically looking into bringing him to the US as planned but on a round trip ticket instead. Also, once he enters at least his SSN paperwork, GC, etc will get rolling...

 

At least in terms of entering the US this visa business isn't looking as disasterous as we originally thought, so at least there is some good news

Edited January 4, 2010 by dnoblett (see edit history)

[baobeizhu]

One other thing to think about. If there is a chance he could be out of the USA over the one year time limit after getting his 551 stamp. You should definitely file for the reentry permit and remember that it has to be filed before he exits to go back to China, he can't do it after he has left! We did that with my wife because we had to go back to China for another 15 months before permanently returning to the USA. We exited to China again after 11 days in the USA. We had the reentry permit forwarded to the consulate in Shanghai where I was working. It took almost 6 months before it showed up. He would also want to contact the consulate and make sure to watch for it and give them contact information as to how to get in touch with him.

Gale

Thank you for this information. As it turns out (since everyday brings about more questions and concerns), this is the exact issue that I need to look into today. I don't want his having to stay abroad to negatively impact his status in the US, so I think I may indeed have to prepare that re-entry permit in advance in order to send it out before he exits the US.

 

I'll look at this paperwork a bit more and will probably post some related follow-up questions.

 

Thanks again everyone. You've been very helpful~

Edited January 5, 2010 by baobeizhu (see edit history)