Filing IR-1 For Spouse and Children - Can Spouse Enter First?

[Proximity 0]

I am filing for my spouse and two step-children, and we currently live outside of the USA. Assuming everything goes well we will relocate to the USA summer 2016, however, I would like to go with my wife first for 2-3 weeks look at places to live and schools before everyone comes in the summer. It would be very inconvenient to bring the children due the distance, expense, and taking time of from school. Is it possible to split the entry so my spouse can enter first and then a few months later the children can enter?

[aaron2020 11,652]

Yes, the children can come after your wife. You will need to file separately for them. Since each will have their own case, the only requirement is that you, the petitioner, must be in the US or enter with the immigrants. The timing of when mom and the kids enter have nothing to do with each other since each would have their own case.

[awaywego 28]

Is your wife making this trip on her B1/B2? If so, she can do it at any point, no worries.

Is your wife making this trip on her IR-1/CR-1? For the I-864, you will agree to reestablish domicile no later than the date that the beneficiary enters the United States. Be sure to figure this into your plan.

[Penguin_ie 6,000]

Visas are usually valid for 6 months. If they all get the visas at the same time, your wife can come with you right away and the kids a few months later, but be sure to check visa expiration dates when you get the passports back!

[Proximity 0]

Is your wife making this trip on her B1/B2? If so, she can do it at any point, no worries.

Is your wife making this trip on her IR-1/CR-1? For the I-864, you will agree to reestablish domicile no later than the date that the beneficiary enters the United States. Be sure to figure this into your plan.

My wife was never able to get a B1/B2, we tried quite a few times. I'm sure it's even less likely now, as now she has a CR-1 application in there is even more reason to deny a B1/B2.

However, your point about the I-864 is an issue. I'm hoping to get the visas issued in March/April, then go over with my wife only in May to look at houses and take care of over misc issues. But I don't plan on changing my domicile until August. So I would not meet the requirements there.

Maybe after the CR-1 is issued, they will be willing to issue a B1/B2. It was always denied before because my wife had too many ties to the USA and could never prove that her intent was NOT to immigrate, as the law requires B1/B2 visa applicants to demonstrate. However, anybody holding a valid immigrant visa who then applies for a B1/B2 clearly intends to be a tourist and NOT immigrate, as they already hold an immigrant visa. I guess one can try.