Travel while waiting for medical clearance

[J&Cmay2016 4]

My husband has to wait until at least Oct 15 for his medical clearance bc he had to do the sputum test to rule out Tb. He has scars on his lungs from a previous infection, not Tb, which we provided documentation for. I am currently 25 weeks pregnant and we want to have the baby in the US. I can't fly after Nov 3, and we are worried his visa won't arrive in time for me to still travel safely. So we were wondering if he could fly with me to the US Oct 1st when I'm 31 weeks on his tourist visa he already has and then return for the medical results and interview, as long as we maintain residency here? Thanks for any help. 

[JFH 12,189]

If having the baby in the USA is important to you, there's nothing to stop you getting on a plane and going by yourself. 

 

He will struggle to be admitted with a tourist visa with a USC spouse, a baby about to be born here and very obvious immigration intent. 

[Jojo92122 1,924]

1 hour ago, J&Cmay2016 said:

My husband has to wait until at least Oct 15 for his medical clearance bc he had to do the sputum test to rule out Tb. He has scars on his lungs from a previous infection, not Tb, which we provided documentation for. I am currently 25 weeks pregnant and we want to have the baby in the US. I can't fly after Nov 3, and we are worried his visa won't arrive in time for me to still travel safely. So we were wondering if he could fly with me to the US Oct 1st when I'm 31 weeks on his tourist visa he already has and then return for the medical results and interview, as long as we maintain residency here? Thanks for any help. 

No.  He can not use his tourist visa to move to the US early and then go back for his immigration visa.  That's how CBP will view it.  

[J&Cmay2016 4]

32 minutes ago, Jojo92122 said:

No.  He can not use his tourist visa to move to the US early and then go back for his immigration visa.  That's how CBP will view it.  

As I said he's not moving there he will only be traveling with me for my comfort. We will maintain residency here in Manila until he gets his visa and can follow me permanently. While he's there we would also work on the domicile requirement for the interview, which I've seen other people do in this forum. My only question is if the pending medical clearance will affect his admittance. 

[Jojo92122 1,924]

Just now, J&Cmay2016 said:

As I said he's not moving there he will only be traveling with me for my comfort. We will maintain residency here in Manila until he gets his visa and can follow me permanently. While he's there we would also work on the domicile requirement for the interview, which I've seen other people do in this forum. My only question is if the pending medical clearance will affect his admittance. 

That's your POV.  To CBP, it will look like he is using his tourist visa to move to the US early with you and then return for his immigration visa.

His pending medical clearance will not affect his admittance.  

It's not the medical that's the problem.  It's the intent to immigrate that's the problem.  

 

Essentially, you are looking at the tourist visa for him to come to the US to live with you for a while before he needs to go back to get his immigration visa.  That's not allowed.  Has zero to do with his medical clearance.  

[Crazy Cat 39,172]

Put yourself in the place of the CBP officer considering whether to allow your husband's entrance. There would be an automatic (and legal)  presumption that husband 's intent is to enter the US, stay until after the baby is born, and adjust status. Why would he want to go back when he can bypass the rest of the process?  

I agree that is about immigrant attempt, not the medical.

 

38 minutes ago, J&Cmay2016 said:

While he's there we would also work on the domicile requirement for the interview,

This sounds like he wants to set up residence in the US prior to receiving the appropriate visa to do so.

[databit 328]

Are you 100% sure that his TB has not returned? The treatment is usually 9 full months, but many people feel better after a number of months and don't complete the whole treatment. A small bit left of TB won't show on an x-ray but can reignite into another infection, which is why the sputum test is so important. Do you want to risk your baby?

Edited August 19, 2018 by databit

[J&Cmay2016 4]

1 minute ago, databit said:

Are you 100% sure that his TB has not returned? The treatment is usually 9 full months, but many people feel better after a number of months and don't complete the whole treatment. A small bit left of TB won't show on an x-ray but can reignite into another infection, which is why the sputum test is so important. Do you want to risk your baby?

No he's never had Tb it was from an infection that got into his lungs and caused scarring. We have the medical documents from when he had it showing the scarring was not caused by Tb. Lung scarring can be caused by many things, not just Tb but they always have to check. Besides if he's got it I already have it, we've been living together for a year, and this infection was two years ago.

1 hour ago, Jojo92122 said:

 

[J&Cmay2016 4]

35 minutes ago, missileman said:

Put yourself in the place of the CBP officer considering whether to allow your husband's entrance. There would be an automatic (and legal)  presumption that husband 's intent is to enter the US, stay until after the baby is born, and adjust status. Why would he want to go back when he can bypass the rest of the process?  

I agree that is about immigrant attempt, not the medical.

 

This sounds like he wants to set up residence in the US prior to receiving the appropriate visa to do so.

His medical should be cleared by Oct 15, interview sometime within the two weeks after that. And even if the results take a few days longer he would still only be in the US for 2 weeks with me before returning to finish a process that'll take about three or four weeks. That would put me at 37 weeks and unable to fly which is why we aren't just waiting for the process to finish, since we are so close. Showing an intent to establish domicile is one of the requirements for the interview. Have you ever moved somewhere without visiting it first? 

[Crazy Cat 39,172]

 

7 minutes ago, J&Cmay2016 said:

Showing an intent to establish domicile is one of the requirements for the interview. Have you ever moved somewhere without visiting it first? 

Yes, I have moved inside the US as well as internationally without visiting first.....the requirement is for the US citizen to provide evidence of domicile, not the immigrant.  Good luck to you and your family.

[CEE53147 559]

He could have TB in addition to the documented infection.  Not everyone exposed will become infected so the fact you do not have TB (have you even been tested?) proves nothing.  It is essential that he be declared clear of the infection .  It is irresponsible to get on an airplane before receiving it.  What happens if it is found that he  does have TB?

 

You have other problems appearing back in the US shortly before delivery. In many cities there is a long wait to be admitted into an OBGYN practice. You may be unable to receive prenatal care in those critical last weeks if you have not established a relationship with a physician and are guaranteed to be seen.

[JFH 12,189]

4 hours ago, J&Cmay2016 said:

His medical should be cleared by Oct 15, interview sometime within the two weeks after that. And even if the results take a few days longer he would still only be in the US for 2 weeks with me before returning to finish a process that'll take about three or four weeks. That would put me at 37 weeks and unable to fly which is why we aren't just waiting for the process to finish, since we are so close. Showing an intent to establish domicile is one of the requirements for the interview. Have you ever moved somewhere without visiting it first? 

It's not us you need to convince. It's CBP that your husband has to convince at POE that he will leave the country, leave his heavily pregnant wife behind and return to complete the process in the Philippines and not adjust status. They are not interested in his intention to establish domicile - his application for an immigrant visa has already demonstrated that. It's YOUR intention to re-establish domicile that matters.

 

I understand that you don't want to be apart. Not one of us enjoyed the separation we had to endure during this process and most of us were apart for a lot longer than you are about to face. But this is the choice you made.

[jdaveh 58]

8 hours ago, J&Cmay2016 said:

My husband has to wait until at least Oct 15 for his medical clearance bc he had to do the sputum test to rule out Tb. He has scars on his lungs from a previous infection, not Tb, which we provided documentation for. I am currently 25 weeks pregnant and we want to have the baby in the US. I can't fly after Nov 3, and we are worried his visa won't arrive in time for me to still travel safely. So we were wondering if he could fly with me to the US Oct 1st when I'm 31 weeks on his tourist visa he already has and then return for the medical results and interview, as long as we maintain residency here? Thanks for any help. 

well, he could fly here with you and just get on  a plane straight back

[JFH 12,189]

3 hours ago, jdaveh said:

well, he could fly here with you and just get on  a plane straight back

That would still require him to pass through CBP and officially “enter” the country. 

[TNJ17 1,329]

There’s nothing stopping you from traveling to the US alone and your husband will follow when he gets his visa. Literally everyone on this website does that.