QUESTION ABOUT POE IN AMERICA

[MariahVine 2]

It would probably be fine but I just meant that if his flight arrives first, you may have a small problem.

what would the problem be??

[tanithw 5]

I don't have the link to the rule - but the fact that you are the sponsor means that he is not supposed to enter the country until you are in it. There are a few scenarios, a) if your fight arrives a few hours later they may allow him to sit in secondary processing and wait, b) they may not notice and let him through, c)They accept that you will be arriving later in the same day and allow him through d) they refuse entry (given it is the same day I think this is unlikely).

You don't need to go through the poe together or be on the same flight but really your flight should arrive first.

[MariahVine 2]

Hang on there. If you are residing abroad with your husband, you had to prove that you are re-establishing US domicile and you did sign that you will re-enter US no later than your husband's entry.

If you arrive at US sooner or at the same time as your husband then it's ok. If you arrive later, it will be considered a violation of what you have attested. I would be careful if I were you. The fare saving is not worth the hassle, just travel with your husband just to be safe.

That is true.. thanks for mentioning that, I guess I kind of forgot that I did state I would re-enter the US no later than my husband's entry. We could make sure that my flight arrives earlier.. but if something went wrong with my flight and say if his then entered America before mine... then I would be in violation? What would happen then?

[tanithw 5]

Worst case scenario........ they would refuse him entry and send him home.... then you start all over again

[Apalis 3]

That is true.. thanks for mentioning that, I guess I kind of forgot that I did state I would re-enter the US no later than my husband's entry. We could make sure that my flight arrives earlier.. but if something went wrong with my flight and say if his then entered America before mine... then I would be in violation? What would happen then?

About what would happen if you violate what you have attested, I think you have to find out by yourself since I don't have experience on that so I can't say much... If I am you, I would just book the same flight for your husband just to make sure that everything is correct. You have come this far, why risking it over a few hundred dollars you can save ?

[MariahVine 2]

I don't have the link to the rule - but the fact that you are the sponsor means that he is not supposed to enter the country until you are in it. There are a few scenarios, a) if your fight arrives a few hours later they may allow him to sit in secondary processing and wait, b) they may not notice and let him through, c)They accept that you will be arriving later in the same day and allow him through d) they refuse entry (given it is the same day I think this is unlikely).

You don't need to go through the poe together or be on the same flight but really your flight should arrive first.

Wow, thanks for all of that. Do you think it's a bit risky to go on different flights to America? We could just make sure my flight arrives first or maybe even if I left Australia the day before my husband left, to make sure I arrive in the country first. Either that or pay the extra money and see if we can get on the same flight.

[MariahVine 2]

Worst case scenario........ they would refuse him entry and send him home.... then you start all over again

that would be awful!!!! do you know if that has happened to other people before? when you said we start all over again, do you mean we'd have to go through the entire process from the start.. the i-130, etc?

[tanithw 5]

If it were me I would go on the same flight rather than the day before - transport to / from airports twice will add up, along with meals etc. etc. Plus you will be able to talk to someone while waiting / on the flights.

Same day seems too much risk for me, the slightest chance of having to start over is too much.

[tanithw 5]

that would be awful!!!! do you know if that has happened to other people before? when you said we start all over again, do you mean we'd have to go through the entire process from the start.. the i-130, etc?

I've heard of people being turned away at the border - and yep i-130 onwards.

Plus if you have been refused entry you cannot use VWP for a visit and you would have to declare that on the various USCIS and NVC forms - additional scrutiny and more issues.

[MariahVine 2]

About what would happen if you violate what you have attested, I think you have to find out by yourself since I don't have experience on that so I can't say much... If I am you, I would just book the same flight for your husband just to make sure that everything is correct. You have come this far, why risking it over a few hundred dollars you can save ?

That is true, why risk it just for a few hundred dollars? And this visa process has cost us thousands of dollars extra (i had to fly from Australia to America last Sept for an interiew with Homeland Security--not part of the normal process to my understanding, no one could tell me why I was scheduled for the interview, but that if I didn't attend, I would most likely have my I-130 refused..had been waiting 9 months by the time of the interview and then approval of i-130). So I guess either we make sure we are on the same flight or just to be safe, I leave Australia a day before my husand does. Do you think that would be ok?

[tanithw 5]

Same flight / day earlier would be fine. As I said above, the day earlier will probably not work out much cheaper once you work out the logistics of getting to/from airports twice.

[MariahVine 2]

If it were me I would go on the same flight rather than the day before - transport to / from airports twice will add up, along with meals etc. etc. Plus you will be able to talk to someone while waiting / on the flights.

Same day seems too much risk for me, the slightest chance of having to start over is too much.

I have friends that live around Los Angeles so they would be able to come pick me up, I could stay at their house, go back to the airport the next day to get my husband.

I would die if something went wrong and we had to start all over from the beginning. I am not going through this process again! It has taken us a year and a half to get this visa and so many dramas, I could write a book about what we have gone through to get this visa.

[JohnR! 5,495]

I have friends that live around Los Angeles so they would be able to come pick me up, I could stay at their house, go back to the airport the next day to get my husband.

I would die if something went wrong and we had to start all over from the beginning. I am not going through this process again! It has taken us a year and a half to get this visa and so many dramas, I could write a book about what we have gone through to get this visa.

You can be on the same flight as your husband and if you are, you can accompany him to secondary and wait for him to be processed. You need not get here one day before him.

[MariahVine 2]

You can be on the same flight as your husband and if you are, you can accompany him to secondary and wait for him to be processed. You need not get here one day before him.

It's going to be a lot of extra money for us to be on the same flight. Just to make sure, I could leave for the States a day earlier and then he can catch a different airline that isn't as expensive as Qantas. I have friends in LA that i could stay with or else get a hotel nearby and get my husband from the airport the next day. Do you think that would work? Want to make sure we do everything correctly.. would hate to mess up his entry into America.

[JohnR! 5,495]

It's going to be a lot of extra money for us to be on the same flight. Just to make sure, I could leave for the States a day earlier and then he can catch a different airline that isn't as expensive as Qantas. I have friends in LA that i could stay with or else get a hotel nearby and get my husband from the airport the next day. Do you think that would work? Want to make sure we do everything correctly.. would hate to mess up his entry into America.

That would work, for you will be stateside at the time he arrives. I can understand that you are worried, but the USCIS will not check on your whereabouts as he is processed upon arrival. They will be busy getting him admitted and having him sign the card which will become the basis for the issuance of the actual green card. You are fine.