Can and IR2 enter the US before USC? (split topic)

[rhioneken 0]

hello i have an approved ir2 visa and my flight is in march 18. the embassy said that my american citizen stepfather should be in the USA on or before my arrival there. the problem is he is under contract and working at Saudi till august.

my question is are they gonna allow me to pass at the immigration even my father isn't there and only our lawyer?

[Ontarkie 14,280]

~~Split form and unrelated topic. Please start a thread of your own it can be confusing to the members trying to reply, and your question can be missed.~~

[KayDeeCee 4,893]

-Wrong info removed-

Edited January 31, 2015 by KayDeeCee

[aaron2020 11,651]

http://www.law.cornell.edu/cfr/text/22/40.1

Wrong info. You quoted info for derivative beneficiaries.

[apple21 953]

hello i have an approved ir2 visa and my flight is in march 18. the embassy said that my american citizen stepfather should be in the USA on or before my arrival there. the problem is he is under contract and working at Saudi till august.

my question is are they gonna allow me to pass at the immigration even my father isn't there and only our lawyer?

You should be fine but where's your mom?

[KayDeeCee 4,893]

Wrong info. You quoted info for derivative beneficiaries.

Oh #######, I posted about principal aliens and not a USC petitioner. Thanks for pointing out my mistake.

Sorry to the OP!

[aaron2020 11,651]

http://france.usembassy.gov/mobile//iv-faqs.html

If the sponsor establishes U.S. domicile, it is not necessary for the sponsor to go to the United States before the sponsored family members. However, the sponsor must return to the United States to live before the sponsored immigrant may enter the United States. The sponsored immigrant must enter the U.S. with or after the sponsor.

[aaron2020 11,651]

Family based immigration is about family reunification; specifically reuniting the petitioner and beneficiary.

With your stepdad in Saudi, there is no family reunification between petitioner and beneficiary in the US.

Your lawyer may not be able to help you since your petitioner does not meet one of the condition for your admission.

However, a minor may get a break. Just don't count on it.

With your stepfather in Saudi, be prepared to be denied entry.

[KayDeeCee 4,893]

http://travel.state.gov/content/visas/english/immigrate/types/family/family-preference.html#17

When traveling, the primary (or principal) applicant must enter the United States before or at the same time as family members holding visas.

[aaron2020 11,651]

http://travel.state.gov/content/visas/english/immigrate/types/family/family-preference.html#17

Wrong info again.

Primary applicant is the primary beneficiary. Other family members holding visas are the derivative beneficiaries.

A petitioner or a sponsor is never an applicant.

Edited January 31, 2015 by aaron2020

[KayDeeCee 4,893]

Wrong info again.

Primary applicant is the primary beneficiary. Other family members holding visas are the derivative beneficiaries.

A petitioner or a sponsor is never an applicant.

Just posted the link from the travel.state.gov site about immigrant family based visas. It all sort of runs together.

No, the USC stepfather is not the visa applicant, he is the USC petitioner sponsor. Not sure if they would allow the visa holder to enter the US without the USC petitioner/sponsor actually living there first(or at the same time).

[aaron2020 11,651]

Just posted the link from the travel.state.gov site about immigrant family based visas. It all sort of runs together.

No, the USC stepfather is not the visa applicant, he is the USC petitioner sponsor. Not sure if they would allow the visa holder to enter the US without the USC petitioner/sponsor actually living there first(or at the same time).

Here is the law on that.

http://france.usemba...e//iv-faqs.html

If the sponsor establishes U.S. domicile, it is not necessary for the sponsor to go to the United States before the sponsored family members. However, the sponsor must return to the United States to live before the sponsored immigrant may enter the United States. The sponsored immigrant must enter the U.S. with or after the sponsor.

What may happen to a minor at the POE may not be as harsh since CBP does have some discretion.

[KayDeeCee 4,893]

Yes, we are actually stating the same thing anyway. The part about the sponsor not needing to go to the US before the sponsored family members is about establishing and proving domicile, and not speaking about actually entering the US via the approved immigrant visa.

This from another US embassy website.

http://kabul.usembassy.gov/im_affidativ_support2.html

If the sponsor establishes U.S. domicile, it is not necessary for the sponsor to go to the United States before the sponsored family members. However, the sponsored immigrant may not enter the United States before the sponsor returns to the United States to live. The sponsored immigrant must travel with the sponsor or after the sponsor has entered the United States.

[rhioneken 0]

Yes, we are actually stating the same thing anyway. The part about the sponsor not needing to go to the US before the sponsored family members is about establishing and proving domicile, and not speaking about actually entering the US via the approved immigrant visa.

This from another US embassy website.

http://france.usemba...e//iv-faqs.html

If the sponsor establishes U.S. domicile, it is not necessary for the sponsor to go to the United States before the sponsored family members. However, the sponsor must return to the United States to live before the sponsored immigrant may enter the United States. The sponsored immigrant must enter the U.S. with or after the sponsor.

What may happen to a minor at the POE may not be as harsh since CBP does have some discretion.

Oh #######, I posted about principal aliens and not a USC petitioner. Thanks for pointing out my mistake.

Sorry to the OP!

You should be fine but where's your mom?

my mom is working at a us company based on kuwait

-these info y'all send is helpful,thank you.

I secured an appointment to the USCIS regarding thisto be sure.

i just hope we will be allowed since my father has a representative and he really is going to the US after his contract is done

[KayDeeCee 4,893]

Good luck. I hope it works out for you.