Entering in the US before US Citizen on CR-1???

[birdyconfused 0]

Hi everyone

My husband is immigrating on CR-1 in a couple of months. Our plan is that he should go to the US first and then I along with kids should follow in a couple of months.

My question is whether can he travel to the US without me accompanying him or ?

Thanks

[lost_at_sea 995]

The USC is supposed to either already be in the US when the beneficiary arrives or entering with them.

I believe it's a legal requirement of the visa, but I don't recall where it's written.

Edited February 1, 2014 by lost_at_sea

[Robby999 1,024]

It is a domicile issue. The USC has to establish domicile in the US for the I-864 to be considered valid.

http://www.state.gov/documents/organization/86988.pdf

UNCLASSIFIED (U)

U.S. Department of State Foreign Affairs Manual Volume 9

Visas

9 FAM 40.41

Notes

Page

28

of

36

UNCLASSIFIED (U)

(3)

The sponsor does not have to precede the applicant to the United States

but, if he or she does not do so, he or she must at least arrive in the

United States concurrently with the applicant

Edited February 1, 2014 by Robby999

[lost_at_sea 995]

It is a domicile issue. The USC has to establish domicile in the US for the I-864 to be considered valid.

http://www.state.gov/documents/organization/86988.pdf

Thanks! That's the bit I meant.

[birdyconfused 0]

lost_at_sea and Robby99 !

Thanks for you help really appreciate.

[birdyconfused 0]

On a second note, I wonder that if my husband travels alone, would the the immigration officer have the information my domicile is not established in the US?

Moreover, if my my husband tells them that he is travelling alone to make arrangements first and then going to call me and kids. Are they going to deny him entry?

[lost_at_sea 995]

They would be well within their right to deny him entry, yes, because you have not kept up your end of the deal.

[milimelo 4,283]

There's only two options: you as the sponsor go ahead of your husband or you as the sponsor go at the same time as him. No way can he go earlier.