Integrity Legal - Law Firm in Bangkok | Bangkok Lawyer | Legal Services Thailand Back to
Integrity Legal

Legal Services & Resources 

Up to date legal information pertaining to Thai, American, & International Law.

Contact us: +66 2-266 3698

info@integrity-legal.com

ResourcesVisa & Immigration LawUS Immigration LawHow Soon Can A Thai Wife Leave The US After Arriving On A IR-1/CR-1 Visa?

How Soon Can A Thai Wife Leave The US After Arriving On A IR-1/CR-1 Visa?

Transcript of the above video:

As the title of this video suggests, we are discussing IR-1 and CR-1 Visas in the context of a Thai spouse. So this is the spouse of an American citizen or Lawful Permanent Resident for that matter, processing through the US Embassy here in Bangkok and then going to the United States.

The question posed is "how long does that spouse have to remain in the United States, like can they just immediately turn around and leave again after they have come in? Do they have to go through a process similar to the K-1 where they have to wait to get a Green Card?" The short answer is as I have discussed in other videos, those who enter the United States on an Immigrant Visa are basically issued their I-551 stamp. It's temporary, it is a one-year stamp; they are basically issued it at entry. So in theory, I guess I shouldn't say in theory, I should say hypothetically, if one wanted to travel into the United States in IR-1 or CR-1 status, be stamped in; now they are a Lawful Permanent Resident in the United States; they could turn around and leave and come back. Generally speaking though I don't advise that that is the best idea. I think it's a good idea to wait for your issued 551, your issued Green Card, the actual card before coming and going from the USA, just because clarity is always the best thing especially more importantly than dealing with any Immigration apparatus, it is dealing with airlines. They get really jumpy if documentation isn't perfectly in order. 

So for this reason while it's again possible to immediately turn around and leave the US after arrival, I think it's a better idea to wait, get your Green Card issued and if you are looking at travelling a lot, seriously consider a Re-Entry Permit as well so as to optimally preserve one's Immigrant Visa status, one's Lawful Permanent Residence status, if one's travelling abroad a great deal.

That said, it is not a requirement; it's theoretically possible to leave immediately after arrival, but I think it's a better idea to go ahead and wait it out, get your Green Card, even perhaps look into getting a Re-Entry permit before departing the USA again.