URGENT: IR-1 POE Without My Spouse???

[Siwady 7]

Hello Everyone,

 

I already have my IR-1 visa and was supposed to travel to the US with my wife and daughter (US Citizens) yesterday but due to my daughter falling ill and hospitalized, we had to postpone out trip. 

 

My visa expires on the 18th so I am planning on going ahead of them and they follow me once my daughter is ok to fly in a couple of weeks or so.

 

I know it states in many different sources that my wife is supposed to enter the US either before me or with me.

 

Do you think I will face any issues with the immigration officer at POE or will I be able to enter if I show him/her proof that my wife is following me and that my daughter was actually hospitalized? 

 

Anyone faced a similar experience before? What are the chances of being denied entry?

 

 

Edited February 7, 2020 by Siwady

[SalishSea 16,835]

1 hour ago, Siwady said:

Hello Everyone,

 

I already have my IR-1 visa and was supposed to travel to the US with my wife and daughter (US Citizens) yesterday but due to my daughter falling ill and hospitalized, we had to postpone out trip. 

 

My visa expires on the 18th so I am planning on going ahead of them and they follow me once my daughter is ok to fly in a couple of weeks or so.

 

I know it states in many different sources that my wife is supposed to enter the US either before me or with me.

 

Do you think I will face any issues with the immigration officer at POE or will I be able to enter if I show him/her proof that my wife is following me and that my daughter was actually hospitalized? 

 

Anyone faced a similar experience before? What are the chances of being denied entry?

 

 

I wouldn't risk that.  I may be wrong, but I believe that the petitioning spouse entering the country with/before the immigrant spouse is a condition of your visa.  

 

Why couldn't your USC wife travel, and then you bring your daughter when she is well?

[SorrowL 138]

I fully agree with Jorgedig, I would not risk either.

 

Another option is to travel to the US with your spouse, and then one of you returns to the origin country to take care of the daughter. If the illness is expected to be remedied before your visa expiration, just reschedule the flight to the expected date. 
 

Once you enter, you can travel freely as if you had a green card already from the moment that CBP stamp smashes your passport page adjacent to the visa.

Edited February 7, 2020 by SorrowL

[Siwady 7]

My daughter is 10 months old and we are expats in Dubai with no one to take care of her. So it would be pretty hard for my wife to travel with me and leave our daughter with someone. Plus the doctors says she shouldn't travel for at least a couple of weeks and my visa expires on Feb 18. 😱

[SalishSea 16,835]

31 minutes ago, Siwady said:

My daughter is 10 months old and we are expats in Dubai with no one to take care of her. So it would be pretty hard for my wife to travel with me and leave our daughter with someone. Plus the doctors says she shouldn't travel for at least a couple of weeks and my visa expires on Feb 18. 😱

In that case, you need to contact the US embassy ASAP and request an extension of the date.

[Siwady 7]

11 hours ago, Jorgedig said:

In that case, you need to contact the US embassy ASAP and request an extension of the date.

I already did and they said it's not possible  

[SalishSea 16,835]

Okay, well someone else is likely to know for sure whether you can enter the US on your spousal visa while your wife stays behind with the baby.  I’ll tag a few:

 

@geowrian, @missileman, @SusieQQQ

50 minutes ago, Siwady said:

I already did and they said it's not possible  

You explained in detail the situation with your daughter?

[Siwady 7]

Just now, Jorgedig said:

Okay, well someone else is likely to know for sure whether you can enter the US on your spousal visa while your wife stays behind with the baby.  I’ll tag a few:

 

@geowrian, @missileman, @SusieQQQ

Thanks a lot! I really appreciate it!

[milimelo 4,234]

Either the petitioner goes ahead of you or comes with you at the same time. There is no third option. 

[Siwady 7]

44 minutes ago, Jorgedig said:

Okay, well someone else is likely to know for sure whether you can enter the US on your spousal visa while your wife stays behind with the baby.  I’ll tag a few:

 

@geowrian, @missileman, @SusieQQQ

You explained in detail the situation with your daughter?

Yes I did and they still said it wasn't possible to get an extension

[Siwady 7]

14 minutes ago, milimelo said:

Either the petitioner goes ahead of you or comes with you at the same time. There is no third option. 

What if I provide the immigration officer with proof of why my wife and daughter will follow me instead of coming with me (medical reports, cancelled tickets, cancelled residency in our current country, my communications with the embassy etc.)

[SalishSea 16,835]

3 minutes ago, Siwady said:

What if I provide the immigration officer with proof of why my wife and daughter will follow me instead of coming with me (medical reports, cancelled tickets, cancelled residency in our current country, my communications with the embassy etc.)

You will not be admitted at POE in that case.

20 minutes ago, milimelo said:

Either the petitioner goes ahead of you or comes with you at the same time. There is no third option. 

Thanks for confirming.  I couldn’t be sure.

[SorrowL 138]

Looks like the only option is to travel with your spouse, have your spouse have an immediate return ticket for the following day, or you send in your passport and immigrant packet back to the consulate, with a written explanation that you cannot act within the visa timeframe and require a new visa. Whether you’ll get one, I don’t know.
 

You may be required to submit new documents, such as a medical examination, police records, etc. and of course an unspecified wait period for processing. You might even need to pay more fees.

[Siwady 7]

18 minutes ago, Jorgedig said:

You will not be admitted at POE in that case.

Thanks for confirming.  I couldn’t be sure.

 

3 minutes ago, SorrowL said:

Looks like the only option is to travel with your spouse, have your spouse have an immediate return ticket for the following day, or you send in your passport and immigrant packet back to the consulate, with a written explanation that you cannot act within the visa timeframe and require a new visa. Whether you’ll get one, I don’t know.
 

You may be required to submit new documents, such as a medical examination, police records, etc. and of course an unspecified wait period for processing. You might even need to pay more fees.

Wow this is a disaster! We have a POE here in Abu Dhabi, So I am thinking of flying from that airport and take my chances. At least that why I don't have go though a long flight ending up having to fly back. 

 

Thank you all for your help.

[SorrowL 138]

1 minute ago, Siwady said:

 

Wow this is a disaster! We have a POE here in Abu Dhabi, So I am thinking of flying from that airport and take my chances. At least that why I don't have go though a long flight ending up having to fly back. 

 

Thank you all for your help.

It sucks, but those are the risks of traveling near the expiry date of any visa. Unforeseen circumstances have been a disaster for many in the immigration world.

 

 I hope your situation ends out well, and I especially hope your child will be healthy again soon. Keep us up to date!