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MBM

IR1 visa arrival in US while spouse is abroad

By MBM in IR-1 / CR-1 Spouse Visa Process & Procedures

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MBM Newbie

MBM   0

Posted
Filed: IR-1/CR-1 Visa Country: India
 Timeline
Posted

Dear All,

My wife and I got married in India five years ago and we have been living in India. We decided to relocate to the US last year and I filed for an IR1 visa (since she is a US citizen) and the IR1 is granted by the embassy in India. I plan to go to the US first while she will follow me into the US at a later date once I have found a place to live there. Will I be allowed entry if I travel while she is still abroad or is there any requirement that she needs to travel with me / be in the US prior to my arrival at the port of entry?

Regards

MBM

Penguin_ie Grand Master

Penguin_ie   6,001

Posted
Filed: Citizen (apr) Country: Ireland
 Timeline
Posted

No. The visa is for family re-unification in the USA, and the petitioning sponsor is supposed to arrive before or at the same time as the spouse.

Now, they don't mind one of you going back to India for a few weeks to tie up loose ends, so what you can do is travel to the US together, start house hunting, enroll kids in school if applicable etc, then she goes back to India to finish up whatever you need to do there.

Bye: Penguin

Me: Irish/ Swiss citizen, and now naturalised US citizen. Husband: USC; twin babies born Feb 08 in Ireland and a daughter in Feb 2010 in Arkansas who are all joint Irish/ USC. Did DCF (IR1) in 6 weeks via the Dublin, Ireland embassy and now living in Arkansas.

mod penguin.jpg

speedwell Proficient

speedwell   224

Posted
Filed: IR-1/CR-1 Visa Country: United Kingdom
 Timeline
Posted

Dear All,

My wife and I got married in India five years ago and we have been living in India. We decided to relocate to the US last year and I filed for an IR1 visa (since she is a US citizen) and the IR1 is granted by the embassy in India. I plan to go to the US first while she will follow me into the US at a later date once I have found a place to live there. Will I be allowed entry if I travel while she is still abroad or is there any requirement that she needs to travel with me / be in the US prior to my arrival at the port of entry?

Regards

MBM

You are correct. She must precede you or accompany you into the US for you to enter on your immigrant visa.

I'm a dual US/Hungarian citizen (both by birth; Hungarian citizenship verification TBA), and my husband is a dual British/Irish citizen (by treaty) from Northern Ireland. We are atheists.

All advice is given pursuant to the Disclaimer that you may read at the bottom of each forum page.

LATEST STEPS:

28 Jun 2013: POE Houston

08 Jul 2013: SSN received (at SSA office)

07 Aug 2013: Green Card received

27 Feb 2014: Whoa, life happened. Planning move "back home" together to Republic of Ireland by end of April.

29 Apr 2014: POE Dublin through Heathrow

15 May 2014: Received formal residency/work permission (GNIB card with Stamp 4, one year renewable) for the ROI

For my FULL timeline, see my "About Me" page.


For small creatures such as we, the vastness is bearable only through love. (Carl Sagan)

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