Immigrant Visa (Family Based) Received - Port of Entry Question

[rehmanfayyaz 0]

Hello,

I hope I am posting to the correct forum. If not please correct me.

Background:

My sister & her husband recently got a Immigrant visa by means of their daughter (the petitioner) who is a US citizen apply for them. The petitioner does not currently live in US but she is a US citizen. During the interview, they asked when will the petitioner move back to USA. The petitioner is out of USA because her husband's job is overseas. The job plans to send them back to USA within 6 months or so. They had to send the consulate doing the interview a letter from company where husband of petitioner works which says that the company will send them back to USA in about 3 months or so.

Question:

My sister & her husband plan to travel to USA before the petitioner moves back to USA. Is it going to be a problem with immigration at port of entry if they enter the USA for first time with their Immigrant visa but the petitioner is not present in USA? Please advise in details any issues or questioning that might be expected at port of entry?

Thank You.

[Penguin_ie 6,002]

It may be, yes. The petitioner is supposed to be resident in the USA before or at the same time as the beneficiary, and this doesn't sound the case here.

[Billi1234 0]

Hello,

I hope I am posting to the correct forum. If not please correct me.

Background:

My sister & her husband recently got a Immigrant visa by means of their daughter (the petitioner) who is a US citizen apply for them. The petitioner does not currently live in US but she is a US citizen. During the interview, they asked when will the petitioner move back to USA. The petitioner is out of USA because her husband's job is overseas. The job plans to send them back to USA within 6 months or so. They had to send the consulate doing the interview a letter from company where husband of petitioner works which says that the company will send them back to USA in about 3 months or so.

Question:

My sister & her husband plan to travel to USA before the petitioner moves back to USA. Is it going to be a problem with immigration at port of entry if they enter the USA for first time with their Immigrant visa but the petitioner is not present in USA? Please advise in details any issues or questioning that might be expected at port of entry?

Thank You.

As far i know. It may be yess. YOur petitioner should be there once you reach there.

For how long you visa is valid i mean how many months?

[rehmanfayyaz 0]

Thanks for the replies. The visa is valid for 5 months. That is that they can enter the USA within 5 months from now. However, the petitioner is not going to be able to come back to USA within that time. So that is why wanted to find out if it is legally required that they petitioner be in the USA when the beneficiary arrived at port of entry?

As a common man thinking, I think that the petitioner is expected to be in USA but I was wondering if by law do they have to be when the beneficiary arrives? Such that does the port of entry immigration gives a hard time or ask for the Petitioner?

Thank You

[Penguin_ie 6,002]

Yes they can, and ask for the petitioner's address and so on. They may not, but if they do, the visa could be canceled and/ or them refused entry for the time being. This is especially the case as they were already questioned closely about this at interview, so there is pre-existing suspicion.

At interview, the petitioner stated they'd be back in 3 months- what is the hold up now? Maybe the husband can work remotely from the USA, or the wife/ petitioner move back a month or two before him?

[rehmanfayyaz 0]

Thanks for the advise. I'll advise the beneficiary to arrive just after the petitioner has arrived in 3-4 months. That seem like the safe thing to do & avoid potential unnecessary issues.

[KierenHby 900]

Background:

The job plans to send them back to USA within 6 months or so.

They had to send the consulate doing the interview a letter from company where husband of petitioner works which says that the company will send them back to USA in about 3 months or so.

Question:

My sister & her husband plan to travel to USA before the petitioner moves back to USA.

Of those above, which is true?

Looks like the company letter didn't state the truth since whatever the letter stated is not happening.. according to you. There are inconsistencies in the whole thing.

[rehmanfayyaz 0]

Hello KierenHby

Thanks for the reply. No inconsistency. With due respect, you are reading into it a little wrongly or I wrote a little wrongly. The company of Petitioner was expecting them to send back to USA in about 6 months or so (give or take - not confirmed date). But when consulate asked & we asked for a letter stating this, they (the company of Petitioner) wrote a letter saying that they will move them back to USA in 3 months.

The question is though: Is it required by law that the Petitioner be present in USA at the time when the Beneficiary enters the USA for the first time holding a valid Immigrant (family based) visa? Can the Immigration officer at port of entry deny them in this case?

Thanks

[KierenHby 900]

Hello KierenHby

Thanks for the reply. No inconsistency. With due respect, you are reading into it a little wrongly or I wrote a little wrongly. The company of Petitioner was expecting them to send back to USA in about 6 months or so (give or take - not confirmed date). But when consulate asked & we asked for a letter stating this, they (the company of Petitioner) wrote a letter saying that they will move them back to USA in 3 months.

The question is though: Is it required by law that the Petitioner be present in USA at the time when the Beneficiary enters the USA for the first time holding a valid Immigrant (family based) visa? Can the Immigration officer at port of entry deny them in this case?

Thanks

Again, there is a disconnect here..

The company's letter said "the company will send them back to USA in about 3 months or so."

You're saying "My sister & her husband plan to travel to USA before the petitioner moves back to USA."

So, as Penguin_ie noted above.. "the petitioner stated they'd be back in 3 months- what is the hold up now?"