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Expert James
Expert James, Immigration Attorney
Category: Immigration Law
Satisfied Customers: 11535
Experience:  Write FOR JAMES to get my help!
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My Ecuadorian wife has received her immigration visa to the

Customer Question

My Ecuadorian wife has received her immigration visa to the USA. She has until March 8th to enter the country: 3-part auestion:a. Is there any process to extend this entry date?
b. After entering the country is there a minimum stay required before she can return to EC without invalidating her visa.?
c. Are we required to report to the destination address given in our application?
Submitted: 1 year ago.
Category: Immigration Law
Expert:  Expert James replied 1 year ago.

Hello! Thank you for using Just Answer. My name is***** will be assisting you. Please view this as a casual conversation. We will chat back and forth until I have all of the necessary information I need to give you a thorough answer.

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Please answer the following:

When you say she has until March 8, are you referring to the petition validity? Or are you saying she got the immigrant visa already, but it expires on March 8?

Why can't she travel by that time? Due to circumstances beyond her control? Or because she does not want to?

Which destination address? The one you referred to as the home address?

If so, why is she not going there? Have you moved?

Customer: replied 1 year ago.
1. She has her visa. It expires 3/8
2. She can travel but there are financial considerations involved...we are owed money here. It may not be forthcoming.
3. Yes, home address and mailing address for green card. We intend to locate on St. Simon's Island, GA where we have employment opportunities. Made clear in our petition.
Expert:  Expert James replied 1 year ago.

OK, thank you very much. Kindly remember to give me a positive rating before leaving this site today. I do not get a salary here, so your positive rating is the only way I am rewarded for doing my job. If that does not happen, it is as if I never worked, which I am sure you agree would not be an ideal outcome. So please do not forget to give me 3 or more stars, or any smiling faces, in order to help me get credit for doing my job. Thank you!

QUESTION 1: a. Is there any process to extend this entry date?

ANSWER: It depends. In this case, I do not believe she would be eligible.

According to the foreign affairs manual, "An immigrant visa may be replaced under the original number during the fiscal year in which the original visa was issued for an immigrant who establishes to the satisfaction of the consular officer that he was unable to use the original immigrant visa during the period of its validity because of reasons beyond his control and for which he was not responsible... provided that the immigrant is found by the consular officer to be eligible for an immigrant visa and the immigrant pays again the statutory fees for an application and an immigrant visa."

Being owed money, in my experience, will not be a basis for a finding that circumstances beyond her control did not allow her to come to the US within the validity dates of the visa. Sure it is not ideally for her to do so, but that does not make it a circumstance beyond her control. It would be something more along the lines of a medical emergency or the like.

QUESTION 2: After entering the country is there a minimum stay required before she can return to EC without invalidating her visa.?

ANSWER: No. But she should get the I-551 stamp at the port of entry, as temporary proof of her resident status, so that she can leave the US and return, without issue. The green card itself will take 4 to 6 weeks to arrive, after her arrival in the US.

She should not remain outside of the US for more time than she is in the US, in any given year. Otherwise, they can question her intent to be a permanent resident.

QUESTION 3: Are we required to report to the destination address given in our application?

ANSWER: No. But a change of address MUST be filed with the USCIS within 10 days of the change becoming effective. The USCIS needs to know where she lives at all times.

I know this can be confusing. If you want a 30 minute phone call to discuss this or anything else, let me know. I can send you an offer for that.

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Expert:  Expert James replied 1 year ago.

Hi, I’m just checking in to see how things are going and to confirm that you received my answers.

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