We got DV visas, how can we postpone travel of our infant child?

mantler

mantler

Member
Hello folks, I have a question, we just got DV visas, but our infant girl is so small that we are thinking what to do. Can I enter or my wife enter US without infant to get Green cards processed and return home - that would be ideal as I could start looking for a job remotely? Or maybe it is possible to ask Consulate for extension for 1 year until our baby is old enough for long travel? What should we do?
 
You all have to travel before the expiry dates on your visas, baby included. Many people have traveled long distance flights with small infants, it’s not easy but it’s certainly not too young. Especially as you can wait till a few months old rather than a few weeks. There is no extension of immigration visas.
 
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Thanks Susie, I thought that since in their FAQ they write after expiry travel is possible in some "case by case" scenarios, I was wondering if our scenario could work, but I definitely don't want to risk it.
One more question, are there any port of entries outside mainland US , closer to Europe? I was thinking if it is possible to cross the border closer to home
 
mantler said:
Thanks Susie, I thought that since in their FAQ they write after expiry travel is possible in some "case by case" scenarios, I was wondering if our scenario could work, but I definitely don't want to risk it.
One more question, are there any port of entries outside mainland US , closer to Europe? I was thinking if it is possible to cross the border closer to home
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After expiry - yes. So they don’t extend visas, but they way it can be done in effect is to let your visa expire and then apply for another, replacement one. This won’t work in your case for two reasons: (1) if your visa has just been issued, it will expire after fiscal year end and by law no DV22 visas can be issued after 30 September 2022, so no replacement could legally be issued to you after expiry; (2) the consulates usually want to see a good reason why you could not travel before expiry, and as I said before, many people travel with babies, thats not going to make it as a reason. anyway (2) is not even relevant in this case because (1) makes it impossible.

Are you in Europe, or is Europe closer to where you are? The only non mainland POEs i can think of off the top of my head are in the pacific (Hawaii, Guam) and Caribbean (puerto Rico, USVI)

I feel I should point out that in some ways it’s actually easier traveling with a smaller rather older baby, for example if the baby is still breastfeeding all you need is an extra blanket for privacy - you don’t have to hassle with bringing formula and/or baby food on board and trying to get it heated to the right temperature at the right time - and smaller babies tend to sleep more. Just something to consider.
 
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Thanks again Susie, we are in Israel, so I guess Washington or NYC would be closer than Hawaii, although it could have been a interesting vacation to go on an island to get our GC processed :)
Do you know if it is ok to be outside US for 10-11 month once I get my Green card or is it lottery again and decision of the officer - I might need to finish some things home like sell car, property and finish one work contract for which I need a little more time?
 
mantler said:
Thanks again Susie, we are in Israel, so I guess Washington or NYC would be closer than Hawaii, although it could have been a interesting vacation to go on an island to get our GC processed :)
Do you know if it is ok to be outside US for 10-11 month once I get my Green card or is it lottery again and decision of the officer - I might need to finish some things home like sell car, property and finish one work contract for which I need a little more time?
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Yes - there are direct flights from TLV to NY so that’s probably easiest and fastest. And honestly, that’s totally a doable flight with an infant.

You can be out the US for up to a year from the date you leave, without abandoning your green card. Many Dv winners do exactly what you plan to do (we did ourselves). I would suggest that when you return, expect to be questioned about the length of time you’ve been out (they don’t want people using green cards as some kind of super visa) so if you come back in on a one way ticket on that trip, or have other evidence of why you are making it a permanent move, that will help. Even better if your activation trip is long enough to set up a bank account, maybe get a driver license (this is probably unlikely though) so you have some ties to show as well. See these links https://www.uscis.gov/green-card/af.../international-travel-as-a-permanent-resident and https://www.uscis.gov/green-card/after-we-grant-your-green-card/maintaining-permanent-residence
One long absence is usually not a problem but repeated ones would be.
 
SusieQQQ said:
You can be out the US for up to a year from the date you leave, without abandoning your green card. Many Dv winners do exactly what you plan to do (we did ourselves). I would suggest that when you return, expect to be questioned about the length of time you’ve been out (they don’t want people using green cards as some kind of super visa) so if you come back in on a one way ticket on that trip, or have other evidence of why you are making it a permanent move, that will help. Even better if your activation trip is long enough to set up a bank account, maybe get a driver license (this is probably unlikely though) so you have some ties to show as well.
One long absence is usually not a problem but repeated ones would be.
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Thanks! But is it really possible to open a bank account if we arrive just for 2 months? I think they don't open if you rent on airbnb, do they ? Maybe Wise could work, they don't require an address, but they are not a typical bank either.
Also maybe we could file for re-entry permit during the two months and this way we can have up to 2 year absence without loosing status?
 
mantler said:
Thanks! But is it really possible to open a bank account if we arrive just for 2 months? I think they don't open if you rent on airbnb, do they ? Maybe Wise could work, they don't require an address, but they are not a typical bank either.
Also maybe we could file for re-entry permit during the two months and this way we can have up to 2 year absence without loosing status?
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I know people who have opened bank accounts on visits as tourists, requiring just passports. There is no requirement for you to be resident in the US to open a bank account. You may need to try a couple different banks, as they don’t all seem to have exactly the same requirements, and it will probably be easier if you wait for your SSN first. Should also be enough time to get a drivers license if you’re there for 2 months, though depending on state requirements lack of proof of residence might be an issue there.

Remember if you file for a re-entry permit you need to be in the US long enough to get biometrics done (the actual permit can be sent to the closest consulate to you for collection). Pre-covid 2 months would normally have been enough time for this , not sure about now, will also depend on the ASC that you are assigned to. Also remember you need permits for all of you, not just the principal.
 
We are still thinking if we can make a short trip to US first for few days only, and then return to US in 10 months to settle for long. Reasons are expensive filing fee for reentry permit, we don't plan absence for longer than year, and I have job currently which I want to finish. Could someone please comment on below travel schema if it is realistic or looks dangerous? The 6-12 months is kind of grey area, but I guess it shouldn't be a problem. I am also thinking if I can do the travel alone in between without my spouse and our infant girl, but I guess this will not mitigate the risk of them loosing the green card. What also worries me is that the fact that I am employed outside US seems to be a bad factor when officer considers our absence.

Here is a short scheme of our travel:
inside US - 3 days (first trip after LPR visa granted)
outside US - 10 months
inside US - 4-5 months
outside US - 4-5 months
inside US - 4-5 months
outside US - 4-5 months
inside US - 9 months
outside US - 3 months (summer trip)
inside US - 9 months
outside US - 3 months (summer trip)
---
pattern repeats until citizenship
 
mantler said:
We are still thinking if we can make a short trip to US first for few days only, and then return to US in 10 months to settle for long. Reasons are expensive filing fee for reentry permit, we don't plan absence for longer than year, and I have job currently which I want to finish. Could someone please comment on below travel schema if it is realistic or looks dangerous? The 6-12 months is kind of grey area, but I guess it shouldn't be a problem. I am also thinking if I can do the travel alone in between without my spouse and our infant girl, but I guess this will not mitigate the risk of them loosing the green card. What also worries me is that the fact that I am employed outside US seems to be a bad factor when officer considers our absence.

Here is a short scheme of our travel:
inside US - 3 days (first trip after LPR visa granted)
outside US - 10 months
inside US - 4-5 months
outside US - 4-5 months
inside US - 4-5 months
outside US - 4-5 months
inside US - 9 months
outside US - 3 months (summer trip)
inside US - 9 months
outside US - 3 months (summer trip)
---
pattern repeats until citizenship
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CBP is probably going to stop you with some hard questions at some point about where you are actually resident if this is your pattern, somewhere on the second or third trip most likely, and you would get the note (either in passprt or on your record) “advised residency requirements”, which is kind of a warning both to you and a flag to CBP officers to scrutinize closely on future entries,
I’m also not at all convinced an interviewing officer would grant you citizenship based on this pattern.

I think you need to decide whether you want to actually live most of the time in the US, because that is what you need to do to keep your green card. If you want to do 7 months in the US and 5 months out every year, that’s doable because it is clear that more than half your time is in the US. You can try your scheme but … it looks dodgy to me, my opinion.
 
7-5 looks better, right, we want gradually increase our presence in US, based on our current needs it seems be the best plan, thank you for your thoughts.
 
I made a revision of the plan based on your inputs and it looks like around 32 months from 5 years we are in US, which is (from what I read) enough to apply for citizenship, I am just a little worried about Year 1 , if 10 months absence would work, but you mentioned first long absence is usually pardoned:
Year 1
inside US - 3 days (first trip after LPR visa granted) OR 1-2 months
outside US - 10-11 months
Year 2
inside US - 7 months
outside US - 5 months
Year 3
inside US - 7 months
outside US - 5 months
Year 4
inside US - 9 months
outside US - 3 months (summer trip)
Year 5
inside US - 9 months
outside US - 3 months (summer trip)
--
citizenship application (32 months in US out of 5 years)
 
First long absence is ok from a green card perspective but it will break continuous residence for citizenship (over 180 days), so your 5 year clock will reset to start once you enter the US after that.
 
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