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

[Suze1 366]

Also...via wikipedia

 

https://en.wikipedia.org/wiki/United_States_border_preclearance

Legal restrictions[edit]

Preclearance facilities exist because of agreements made between the U.S. federal government and the governments of the host countries. Travelers who have passed through the U.S. government checks, but whose flight or ship has not departed, remain in the legal jurisdiction of the host country. U.S. officials may question and search travelers with the passenger's permission, but they do not have powers of arrest (for customs or immigration violations or for the execution of outstanding warrants), but they can deny boarding.^{[citation needed]}

 

Some countries have laws in place that specifically cover preclearance issues. Since CBP does not have legal powers on foreign soil, passengers can be arrested and detained for offences in the host country only by local authorities. Therefore, if a CBP officer has any security but non-immigration/customs-related concerns about a traveller, the attending CBP officer will need to be refer the matter to local officials. Passengers can choose to abandon their flight and refuse search, and unlike in the United States, officers cannot search them without permission. Most preclearance facilities have a sign explaining so. CBP Officers in the Preclearance Division are not armed on foreign soil.^[4][5] However, it is likely that if the Canadian Parliament approves Bill C-23, CBP officers would be allowed to carry sidearms on duty in Canada if they are working in an environment in which Canada Border Services Agency officers are normally armed.^[6]

 

 

^{So, the above suggests that it is the local authorities that you need to speak with. They are likely more readily reachable. Just a thought.}

Local authorities have to also be taken into consideration.

Edited February 8, 2020 by Suze1

[NikLR 13,220]

again, it doesn't hurt to ask. 

[Suze1 366]

Yep, local authorities have to also be taken into consideration, not just CPB.

The entire scenario needs to be thought through.

[Siwady 7]

Thank you all so much for all the info.

 

This way more complicated than I thought. 

 

I will ask around and see what I come up with.

 

[designguy 1,179]

While I agree it doesnt hurt to ask, I have a really hard time believing that they would agree to this. I dont think they will allow you to go through preclearance with the explicit intention not to travel. You would then have to go back through UAE immigration. Plus there are security concerns as well. Also immigrant visas are usually issued for around 6 months (depending on the medical) so there is plenty of time for someone to have entered and activated the visa. OP you are really cutting it close on time. I would suggest you buy  ticket for you are your wife immediately and either one or both of you can return to Abu Dhabi on the next flight. Given that your daughter is in the hospital she should be well taken care of and the entire process can be done in 24-36 hours.

[Timona 3,970]

15 minutes ago, designguy said:

While I agree it doesnt hurt to ask, I have a really hard time believing that they would agree to this. I dont think they will allow you to go through preclearance with the explicit intention not to travel. You would then have to go back through UAE immigration. Plus there are security concerns as well. Also immigrant visas are usually issued for around 6 months (depending on the medical) so there is plenty of time for someone to have entered and activated the visa. OP you are really cutting it close on time. I would suggest you buy  ticket for you are your wife immediately and either one or both of you can return to Abu Dhabi on the next flight. Given that your daughter is in the hospital she should be well taken care of and the entire process can be done in 24-36 hours.

 

Good idea.  If both travel, do they have a trusted friend or relative to stand watch for 24-36 hours? Or rather, if the wife is upto it, she can do this and then come back to watch over the child as the OP goes to US.

[Siwady 7]

Thank you all for all the great responses and ideas.

 

Our current plan is for both of us to buy tickets through the pre-clearance in Abu Dhabi. Go as early as we can, I go in first and see how it goes with the CBP Officer, if he asks about my wife, I will explain the situation and show him all the proof I have. If he agrees to let me through, my wife will cancel her trip and go back to my daughter, if not, she'll follow me on the spot and both of us travel to the US then she boards the next flight back.

 

It's so crappy that I have to let my wife spend around 40 hours of flights and airports, just to prove that we are actually moving to the US as a family.

 

Guess you gotta do what you gotta do. Better than having to go through the application process all over again. Especially that my UAE visa has already been cancelled since we were supposed to leave the country 2 days ago

[AstroCanada 206]

Can someone share the exact requirements of where it specifies that the sponsor must already be in the country at the time of POE?  I don't recall that part at all from our I-130 journey.  

[SusieQQQ 11,585]

2 hours ago, Suze1 said:

Also...via wikipedia

 

https://en.wikipedia.org/wiki/United_States_border_preclearance

Legal restrictions[edit]

Preclearance facilities exist because of agreements made between the U.S. federal government and the governments of the host countries. Travelers who have passed through the U.S. government checks, but whose flight or ship has not departed, remain in the legal jurisdiction of the host country. U.S. officials may question and search travelers with the passenger's permission, but they do not have powers of arrest (for customs or immigration violations or for the execution of outstanding warrants), but they can deny boarding.^{[citation needed]}

 

...

 

 

^{So, the above suggests that it is the local authorities that you need to speak with. They are likely more readily reachable. Just a thought.}

Local authorities have to also be taken into consideration.

Yeah, this makes sense. Basically they want to ask CBP to help them game the system (I don’t mean that in a manner unsympathetic to the situation) .... the answer is almost certainly no.  
Looks to me like the two options are jeopardizing health or applying for a new visa. Other posters will know, can the same i130 be used? Is it possible to contact the embassy, say they are unable to use the visa and request a new visa appointment?

[Suze1 366]

Yeah, three options:

1) Go using this visa and US citizen mom comes back immediately

2) Not go using this visa, and apply for another visa when they can all go together

3) Appeal to the authorities (local and US) for consideration (in progress and, so far, not looking so good)

 

[Siwady 7]

2 minutes ago, Suze1 said:

Yeah, three options:

1) Go using this visa and US citizen mom comes back immediately

2) Not go using this visa, and apply for another visa when they can all go together

3) Appeal to the authorities (local and US) for consideration (in progress and, so far, not looking so good)

 

Seems like option is the only one that would work. We already quit our jobs, sold everything and cancelled our visas. So redoing the whole application is out of the question.

[SalishSea 16,888]

14 minutes ago, Siwady said:

Seems like option is the only one that would work. We already quit our jobs, sold everything and cancelled our visas. So redoing the whole application is out of the question.

Just curious, when was the visa issued, and why cutting it so close for travel?

[Siwady 7]

Just now, Jorgedig said:

Just curious, when was the visa issued, and why cutting it so close for travel?

Well it was issued around 5 months ago, but we decided to stay in the UAE longer to save some money before we head to the US and start looking for jobs from scratch. Now I know that was a big mistake 

[NikLR 13,220]

26 minutes ago, Siwady said:

Well it was issued around 5 months ago, but we decided to stay in the UAE longer to save some money before we head to the US and start looking for jobs from scratch. Now I know that was a big mistake 

Mistakes happen, you didn't know that your wife and child would become ill nor that they would be so ill that hospitalization would be needed.  Don't beat yourself up about it. 

[Suze1 366]

Yeah, things happen.

The most important thing is that your child will be okay. That is what matters most.

The rest is just logistics and money.