Jump to content
Sign in to follow this  
Immy

POE while wife is not in US?

19 posts in this topic

Recommended Posts

Hi VJers,

This is my first post on VJ. Hopefully, some one can provide guidance. I got my CR-1 visa stamped from Islamabad in December, 2010. At the time of immigration petition, my wife was living in US. However, as the approval process was taking so long, she moved to Pakistan until I got the visa. Now we are planning to move to US, however, she can't travel due to pregnancy complications.

My IR-1 visa is expiring in June, 2010. I am concerned if I travel to US when she is not there I might get my admission denied at POE. Some people are suggesting that the requirement of spouse being present only applies to DCF cases. Does anyone have any idea here if I can enter US on IR-1 while my wife is still in Pakistan?

Regards,

Immy

Share this post


Link to post
Share on other sites
Filed: IR-1/CR-1 Visa Country: China
Timeline

Many ppl do POE without the spouse.


Sometimes my language usage seems confusing - please feel free to 'read it twice', just in case !
Ya know, you can find the answer to your question with the advanced search tool, when using a PC? Ditch the handphone, come back later on a PC, and try again.

-=-=-=-=-=R E A D ! ! !=-=-=-=-=-

Whoa Nelly ! Want NVC Info? see http://www.visajourney.com/wiki/index.php/NVC_Process

Congratulations on your approval ! We All Applaud your accomplishment with Most Wonderful Kissies !

 

Share this post


Link to post
Share on other sites

Many ppl do POE without the spouse.

Darnell, thanks for your reply. Yes indeed a lot of people do POE without spouses but the spouse is atleast in the US. My concern is if the immigration officer asks me... how long has it been since you have seen your wife or where is you wife right now? What will I say?

Share this post


Link to post
Share on other sites
Filed: Citizen (apr) Country: Canada
Timeline

You'll tell the truth. However, the POE is not an interview. They'll likely check your documents and allow you entrance into the US.

Good luck.


USCIS
August 12, 2008 - petition sent
August 16, 2008 - NOA-1
February 10, 2009 - NOA-2
178 DAYS FROM NOA-1


NVC
February 13, 2009 - NVC case number assigned
March 12, 2009 - Case Complete
25 DAY TRIP THROUGH NVC


Medical
May 4, 2009


Interview
May, 26, 2009


POE - June 20, 2009 Toronto - Atlanta, GA

Removal of Conditions
Filed - April 14, 2011
Biometrics - June 2, 2011 (early)
Approval - November 9, 2011
209 DAY TRIP TO REMOVE CONDITIONS

Citizenship

April 29, 2013 - NOA1 for petition received

September 10, 2013 Interview - decision could not be made.

April 15, 2014 APPROVED. Wait for oath ceremony

Waited...

September 29, 2015 - sent letter to senator.

October 16, 2015 - US Citizen

Share this post


Link to post
Share on other sites

how far along is your wife?

based on my experience as a flight attendant, your wife can still fly until her 8th month given that you have a doctor's certificate giving your wife permission to fly and the pregnancy is normal. things that have to be taken into consideration are: if it's single or multiple pregnancy and also the flight. i'm assuming it's a long haul flight from india. check with your airline.


Met August 8, 2007 through a common friend
Officially a couple October 2, 2007
Married November 2008
------------------------------------------
USCIS
02/09/2010 - Receipt date on NOA1
02/16/2010 - Notice date (NOA1)
02/24/2010 - Received NOA1 in mail
04/20/2010 - Notice date (NOA2) APPROVED PETITION!
04/27/2010 - Received NOA2 in mail

NVC
04/28/2010 - AOS Bill generated
05/06/2010 - Received AOS Bill and DS-3032 in mail (New York)
05/20/2010 - Sent DS-3032 via email
05/21/2010 - Received DS-3032 form in mail (Philippines)
05/21/2010 - Paid AOS fee online
05/25/2010 - AOS fee shows PAID
05/25/2010 - NVC acknowledges DS-3032 email
05/26/2010 - IV fee generated
05/31/2010 - Paid IV fee
06/02/2010 - IV fee shows PAID
08/17/2010 - Sent AOS and DS-230 papers via 3-day air
08/25/2010 - NVC received the documents as per NVC IVR
09/18/2010 - Received checklist for I-864 forms
10/22/2010 - Sent RFE response
11/04/2010 - NVC received checklist response letter
11/14/2010 - SIF!!!! Yaaayyy!!
11/22/2010 - CC as per AVR
11/30/2010 - Received appointment letter
12/07/2010 - Medicals Day 1
12/08/2010 - Medicals Day 2 - PASSED!!!
01/04/2011 - Interview...APPROVED!!!
01/07/2011 - Received VISA
01/19/2011 - CFO Seminar
01/24/2011 - POE JFK =)

Share this post


Link to post
Share on other sites

how far along is your wife?

based on my experience as a flight attendant, your wife can still fly until her 8th month given that you have a doctor's certificate giving your wife permission to fly and the pregnancy is normal. things that have to be taken into consideration are: if it's single or multiple pregnancy and also the flight. i'm assuming it's a long haul flight from india. check with your airline.

She is only 6 months now but there is a potential complication in the pregnancy. Hence, the doctor is advising to travel after the delivery. Ideally, I would like to travel by myself now, enter US, and come back after a week. And then move back to US after my wife delivers. I am just concerned that the officer at POE might ask about the physical location of my wife.

You'll tell the truth. However, the POE is not an interview. They'll likely check your documents and allow you entrance into the US.

Good luck.

Canadian_wife thanks for you reply. I see that you recently entered US. Did they ask you any questions about your husband such as where is he right now? How long has it been since you last saw him etc. etc.?

Share this post


Link to post
Share on other sites

Due to the recent activities that have been happening in the US, I expect the SO will get grilled very carefully, as to why is it that he is entering the US without the petitioner being physically present in the USA. I would suggest that you don't take your entrance into the USA on a marriage sponosored visa without your sponosor being physically present in the US as a piece of cake (meainig no problem). I believe you will be questioned extensively upon entering and if you should leave directly after entering, upon re-entering it will trigger a flag on your next entrance if there is a substantial amount of time before you re-enter again.

I am sure the POE's will handle your situation in the manner inwhich they have been given directions.

Share this post


Link to post
Share on other sites

Due to the recent activities that have been happening in the US, I expect the SO will get grilled very carefully, as to why is it that he is entering the US without the petitioner being physically present in the USA. I would suggest that you don't take your entrance into the USA on a marriage sponosored visa without your sponosor being physically present in the US as a piece of cake (meainig no problem). I believe you will be questioned extensively upon entering and if you should leave directly after entering, upon re-entering it will trigger a flag on your next entrance if there is a substantial amount of time before you re-enter again.

I am sure the POE's will handle your situation in the manner inwhich they have been given directions.

Yes exactly, the recent events asked for greater scrutiny especially with my Nationality. I still want to know from some one if there are any legal requirements of the sponsor being physically present? What is your sponsor is away temporarily?

Share this post


Link to post
Share on other sites

Yes exactly, the recent events asked for greater scrutiny especially with my Nationality. I still want to know from some one if there are any legal requirements of the sponsor being physically present? What is your sponsor is away temporarily?

As was stated in previously post, you need to tell them the truth if asked. The POE will follow the directions that are being given to them.

Share this post


Link to post
Share on other sites

Yes exactly, the recent events asked for greater scrutiny especially with my Nationality. I still want to know from some one if there are any legal requirements of the sponsor being physically present? What is your sponsor is away temporarily?

There are no legal requirements for the sponsor to be present when you enter the US on that visa.

By virtue of the visa, you have been granted the ability to enter the US, with immigration intent, as long as you comply with the entrance requirements of CBP (answer their questions honestly).

You should have that much of an issue.

BTW - you meant Dec 2009, not Dec 2010 (that would be in the future) - right ? huh.gif '

I haven't seen any requirements for the sponsor(spouse) to be present upon US POE for a DCF either. A visa is a visa.


My Advice is usually based on "Worst Case Scenario" and what is written in the rules/laws/instructions. That is the way I roll... -Protect your Status - file before your I-94 expires.

WARNING: Phrases in this post may sound meaner than they were intended to be. Read the Adjudicator's Field Manual from USCIS

Share this post


Link to post
Share on other sites
Filed: AOS (apr) Country: Philippines
Timeline

There are no legal requirements for the sponsor to be present when you enter the US on that visa.

By virtue of the visa, you have been granted the ability to enter the US, with immigration intent, as long as you comply with the entrance requirements of CBP (answer their questions honestly).

You should have that much of an issue.

BTW - you meant Dec 2009, not Dec 2010 (that would be in the future) - right ? huh.gif '

I haven't seen any requirements for the sponsor(spouse) to be present upon US POE for a DCF either. A visa is a visa.

Might not need to be present in the USA but domicile MUST be established. If the intending immigrant arrives BEFORE the sponsor has established or re-established US domicile the alien is inadmissable. In the OP's situation, if his sponsor wife maintained US domicile then all should be OK. If for some reason she did not then it could be problematic

Portion of TITLE 8 OF CODE OF FEDERAL REGULATIONS (8 CFR) discussing domicile.

ii) Determination of domicile . (A) If the sponsor is residing abroad, but only temporarily, the sponsor bears the burden of proving, by a preponderance of the evidence, that the sponsor's domicile (as that term is defined in 8 CFR 213a.1 ) remains in the United States, (more)

(B) If the sponsor is not domiciled in the United States, the sponsor can still sign and submit a Form I-864 so long as the sponsor satisfies the Department of State officer, immigration officer, or immigration judge, by a preponderance of the evidence, that the sponsor will establish a domicile in the United States on or before the date of the principal intending immigrant's admission or adjustment of status. The intending immigrant will be inadmissible under section 212(a)(4) of the Act, and the immigration officer or immigration judge must deny the intending immigrant's application for admission or adjustment of status, if the sponsor has not, in fact, established a domicile in the United States on or before the date of the decision on the principal intending immigrant's application for admission or adjustment of status. In the case of a sponsor who comes to the United States intending to establish his or her principal residence in the United States at the same time as the principal intending immigrant's arrival and application for admission at a port-of-entry, the sponsor shall be deemed to have established a domicile in the United States for purposes of this paragraph, unless the sponsor is also a permanent resident alien and the sponsor's own application for admission is denied and the sponsor leaves the United States under a removal order or as a result of the sponsor's withdrawal of the application for admission.


YMMV

Share this post


Link to post
Share on other sites

Might not need to be present in the USA but domicile MUST be established. If the intending immigrant arrives BEFORE the sponsor has established or re-established US domicile the alien is inadmissable. In the OP's situation, if his sponsor wife maintained US domicile then all should be OK. If for some reason she did not then it could be problematic

Portion of TITLE 8 OF CODE OF FEDERAL REGULATIONS (8 CFR) discussing domicile.

ii) Determination of domicile . (A) If the sponsor is residing abroad, but only temporarily, the sponsor bears the burden of proving, by a preponderance of the evidence, that the sponsor's domicile (as that term is defined in 8 CFR 213a.1 ) remains in the United States, (more)

(B) If the sponsor is not domiciled in the United States, the sponsor can still sign and submit a Form I-864 so long as the sponsor satisfies the Department of State officer, immigration officer, or immigration judge, by a preponderance of the evidence, that the sponsor will establish a domicile in the United States on or before the date of the principal intending immigrant's admission or adjustment of status. The intending immigrant will be inadmissible under section 212(a)(4) of the Act, and the immigration officer or immigration judge must deny the intending immigrant's application for admission or adjustment of status, if the sponsor has not, in fact, established a domicile in the United States on or before the date of the decision on the principal intending immigrant's application for admission or adjustment of status. In the case of a sponsor who comes to the United States intending to establish his or her principal residence in the United States at the same time as the principal intending immigrant's arrival and application for admission at a port-of-entry, the sponsor shall be deemed to have established a domicile in the United States for purposes of this paragraph, unless the sponsor is also a permanent resident alien and the sponsor's own application for admission is denied and the sponsor leaves the United States under a removal order or as a result of the sponsor's withdrawal of the application for admission.

Thank you for such a detailed response. I guess this answers the question. So as long as my wife has maintained US domicile, I am fine to re-enter.

The issue now is to gather evidence to show that domicile was maintained. This might be a little tricky, as she has been out of US for almost a year now. Except for the past three months, the whole time she has been out of US, she has never been in a residence status in any country. Even in Pakistan she was on a tourist visa. So I guess the first 9 months are fine. However the last 3 months are tricky. When her tourist visa ran out we got her a residence visa to avoid the hassle of renewing the tourist visa. So I guess I will need to somehow prove that she has still maintained a residence in US even though she spent the last 3 months on a residence visa in Pakistan. Seems difficult. Any ideas on what evidence I can show?

Share this post


Link to post
Share on other sites

Might not need to be present in the USA but domicile MUST be established. If the intending immigrant arrives BEFORE the sponsor has established or re-established US domicile the alien is inadmissable. In the OP's situation, if his sponsor wife maintained US domicile then all should be OK. If for some reason she did not then it could be problematic

Portion of TITLE 8 OF CODE OF FEDERAL REGULATIONS (8 CFR) discussing domicile.

ii) Determination of domicile . (A) If the sponsor is residing abroad, but only temporarily, the sponsor bears the burden of proving, by a preponderance of the evidence, that the sponsor's domicile (as that term is defined in 8 CFR 213a.1 ) remains in the United States, (more)

(B) If the sponsor is not domiciled in the United States, the sponsor can still sign and submit a Form I-864 so long as the sponsor satisfies the Department of State officer, immigration officer, or immigration judge, by a preponderance of the evidence, that the sponsor will establish a domicile in the United States on or before the date of the principal intending immigrant's admission or adjustment of status. The intending immigrant will be inadmissible under section 212(a)(4) of the Act, and the immigration officer or immigration judge must deny the intending immigrant's application for admission or adjustment of status, if the sponsor has not, in fact, established a domicile in the United States on or before the date of the decision on the principal intending immigrant's application for admission or adjustment of status. In the case of a sponsor who comes to the United States intending to establish his or her principal residence in the United States at the same time as the principal intending immigrant's arrival and application for admission at a port-of-entry, the sponsor shall be deemed to have established a domicile in the United States for purposes of this paragraph, unless the sponsor is also a permanent resident alien and the sponsor's own application for admission is denied and the sponsor leaves the United States under a removal order or as a result of the sponsor's withdrawal of the application for admission.

Thanks for the info - I agree with you.

Since the 864 must of been accepted for the visa to be given, the sponsor must of proved domicile (or will have it before the II comes to the US).

So that would be the real question.


My Advice is usually based on "Worst Case Scenario" and what is written in the rules/laws/instructions. That is the way I roll... -Protect your Status - file before your I-94 expires.

WARNING: Phrases in this post may sound meaner than they were intended to be. Read the Adjudicator's Field Manual from USCIS

Share this post


Link to post
Share on other sites
Filed: Citizen (apr) Country: Canada
Timeline

Canadian_wife thanks for you reply. I see that you recently entered US. Did they ask you any questions about your husband such as where is he right now? How long has it been since you last saw him etc. etc.?

I entered almost a year ago. There were no questions as to where my husband was, what he was doing, or what his status was in the US.

Good luck.


USCIS
August 12, 2008 - petition sent
August 16, 2008 - NOA-1
February 10, 2009 - NOA-2
178 DAYS FROM NOA-1


NVC
February 13, 2009 - NVC case number assigned
March 12, 2009 - Case Complete
25 DAY TRIP THROUGH NVC


Medical
May 4, 2009


Interview
May, 26, 2009


POE - June 20, 2009 Toronto - Atlanta, GA

Removal of Conditions
Filed - April 14, 2011
Biometrics - June 2, 2011 (early)
Approval - November 9, 2011
209 DAY TRIP TO REMOVE CONDITIONS

Citizenship

April 29, 2013 - NOA1 for petition received

September 10, 2013 Interview - decision could not be made.

April 15, 2014 APPROVED. Wait for oath ceremony

Waited...

September 29, 2015 - sent letter to senator.

October 16, 2015 - US Citizen

Share this post


Link to post
Share on other sites
Filed: Other Country: China
Timeline

Thank you for such a detailed response. I guess this answers the question. So as long as my wife has maintained US domicile, I am fine to re-enter.

The issue now is to gather evidence to show that domicile was maintained. This might be a little tricky, as she has been out of US for almost a year now. Except for the past three months, the whole time she has been out of US, she has never been in a residence status in any country. Even in Pakistan she was on a tourist visa. So I guess the first 9 months are fine. However the last 3 months are tricky. When her tourist visa ran out we got her a residence visa to avoid the hassle of renewing the tourist visa. So I guess I will need to somehow prove that she has still maintained a residence in US even though she spent the last 3 months on a residence visa in Pakistan. Seems difficult. Any ideas on what evidence I can show?

You provided your wife's current address on your DS 230 and indicated that as the address to mail the green card. If all that is still valid, I doubt there will be any questions about the present physical location of your wife. She is not required to travel with you. In most immigrant visa cases the USC spouse is waiting for the immigrant, not traveling with them. If asked, be honest.

At this point, my concern would be the delivery of the green card and how you're going to get it in your own hands.


Facts are cheap...knowing how to use them is precious...
Understanding the big picture is priceless. Anonymous

Google Who is Pushbrk?

A Warning to Green Card Holders About Voting

http://www.visajourney.com/forums/topic/606646-a-warning-to-green-card-holders-about-voting/

Share this post


Link to post
Share on other sites
 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
Sign in to follow this  
- Back to Top -


Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×
×
  • Create New...