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Zayed Khan

Petitioner is in Home Country, can the applicant travel to US for first time alone.

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Filed: FB-2 Visa Country: India
Timeline

Hi All,

I am a applicant for family based immigration (unmarried sons & daughters of US citizens over 21). Have received my passport with immigrant visa after the Immigrant interview. However my petitioner father is still in India and wants to go back to US after few months.

But I would like to go visit US once after a week for 5-10 days atleast, my brothers are in the US on H1 visas. Can I travel alone to US and visit my brothers or friends now ?

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Filed: Citizen (apr) Country: Ireland
Timeline

How long has your father been abroad?

Is he domiciled in the USA (does he have a home there, job waiting for him, how does he file his taxes etc)?


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.

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Filed: IR-1/CR-1 Visa Country: Barbados
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If you received your visa, you can travel to US.


Met - March 28, 2013

Married - May 28, 2014

NOA1 - June 16, 2014

NOA2 - November, 26, 2014

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NVC Received - December 15, 2014

Case # Issued - January 20, 2015

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Filed: FB-2 Visa Country: India
Timeline

How long has your father been abroad?

Is he domiciled in the USA (does he have a home there, job waiting for him, how does he file his taxes etc)?

How long does the law allows for him to be out side the country, he is a US citizen ?

He has filed for his latest taxes, which were seen by the Officer at the Interview before approving the visa.

I told the Interview Officer that my dad is in home country and has come for some personal reasons, currently is not on a job. And also he will go back after few months when the weather is better.

But neither did the Interview Officer told me anything about a condition to travel along with the petitioner back to the US nor I got any other communication indicating the same. So I dont want to spend unnecessarily on tickets and stay in both the cases ?

Dad wants to stay for some more months, hence I will have to travel alone to US for a short visit. Is that ok as per immigration policies etc ?

Do Advice ?

Also can someone redirect me to any online resources / links related to this topic would be great ?

Thanks

Edited by Zayed Khan

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Filed: Citizen (apr) Country: Ireland
Timeline

For himself, he can be out of the country forever and remain a US citizen.

The issue is that he petitioned for you, and visas are for family re-unification, so the petitioner is supposed to be domiciled inside the USA, not living abroad )see the wording of the I-864 as an example)- because it is not re-uniting a family if you, as beneficiary, are leaving your dad and moving to the USA. This usually means that the petitioner is supposed to return to the USA before or at the same time as the beneficiary. However, if your dad has been abroad only a short time, and he still maintains domicile in the USA (files taxes as resident, owns or rents a home etc), then it can be argued he is just visiting abroad.


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

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Filed: FB-2 Visa Country: India
Timeline

I am asking about the law or guidelines about this, If I can go to the US alone ?

Are there any one with similar case like mine, can you share your experiences ?

One more question I have is, I have written one NY address for my Green Card delivery, it is my siblings address. However I would like to do POE at my friends place CA live there for a short period like 1-2 weeks and return back to my home country. I have however not made plans where I have to stay on long term later.

Is it ok to do Port of Entry at another city than mentioned in the forms etc, is there any law / rule / Guidelines as such related to this matter ?

Please adivce.

Edited by Zayed Khan

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Filed: Citizen (apr) Country: Ireland
Timeline

You can POE whereever you want, and also change your address if needed.

The law states the petitioner needs to be domiciled in the USA on or before the date you arrive. That doesn't mean he needs to be inside the USA on the exact date you arrive- travel is allowed- but if he has been outside the USA for some time, you may be asked for proof that he still lives in the US (tax filings as a resident, lease or ownership of home, job he will go back to etc). It sounds like they were already suspicious about this issue at the interview, as they asked about your father and how long he will stay abroad. This means there is a high likelyhood they will check up on this when you arrive in the US or shortly after. How much longer does your father intend to stay abroad? Visas are usually good for 6 months, it might be easier and safer for you to simply wait and travel to the US when he is ready.


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

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Filed: FB-2 Visa Country: India
Timeline

You can POE whereever you want, and also change your address if needed.

The law states the petitioner needs to be domiciled in the USA on or before the date you arrive. That doesn't mean he needs to be inside the USA on the exact date you arrive- travel is allowed- but if he has been outside the USA for some time, you may be asked for proof that he still lives in the US (tax filings as a resident, lease or ownership of home, job he will go back to etc). It sounds like they were already suspicious about this issue at the interview, as they asked about your father and how long he will stay abroad. This means there is a high likelyhood they will check up on this when you arrive in the US or shortly after. How much longer does your father intend to stay abroad? Visas are usually good for 6 months, it might be easier and safer for you to simply wait and travel to the US when he is ready.

Thanks for your response.

Regarding the suspicious thing, it is not about being suspicious. It is a natural and standard question to ask about the petitioner. They will get to know where he is by click of a button about his travel history to the USA. I told that he plans to go to the US after 3-4 months.

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