Entering US on IR-1 WITHOUT accompanying spouse?

[lotte9999 0]

Hi All,

Looking to see if anyone has encountered problems doing the following: my spouse and I live in the UK, they are a US citizen and I have recently got my IR-1 visa. We plan to move permanently to the US at the end of the year.

However, I am planning to make a short trip to the US in a few weeks to visit friends. I have been told this is ok with regard to my visa. They will process me as an incoming immigrant at the port of entry and I already have a US address they can send my "green card" to. I will then leave the US again after 10 days and return permanently in December.

My question is whether the immigration folks will expect my spouse to be travelling with me at the port of entry? I believe on some of the documentation, there is an assumption that my spouse will accompany me when I travel to the US? (Unfortunately, work prevents them joining me on this trip). Will this cause an issue? Should I abandon the whole thing and just wait until the end of the year when we can travel together?

If anyone has been in a similar situation, their experience would be appreciated.

Best regards,

Lotte

[WaitingforRakesh 0]

I am not the expert but I believe you can now come and go as you please and long as you need without your spouse as long as your visa is valid.

In fact many of the spouses that are coming are traveling alone.

Call the NVC to find out for sure.

[john_and_marlene 162]

The USC does not have to travel with you, but they must enter the U.S. before or at the same time you use the IR1 for entry.

Edited November 7, 2008 by john_and_marlene

[lotte9999 0]

The USC does not have to travel with you, but they must enter the U.S. before or at the same time you use the IR1 for entry.

Hi John and Marlene,

This was what I assumed to be case. If I did go ahead with my short visit, I would be entering BEFORE my spouse (who is the USC but would still be in the UK). I would then leave the US after about 7-10 days. Then, maybe a month afterwards, my spouse and I would enter the US together.

Do you know for certain that the spouse must enter the US before or at the same time when using an IR-1 visa?

Thanks again,

Lotte

[kaffy 2]

I'm pretty certain I read somewhere that the USC spouse must enter before (or at the same time as) the immigrant.

My husband (USC) flew back 2 weeks before I did, no problems there.

[john_and_marlene 162]

Do you know for certain that the spouse must enter the US before or at the same time when using an IR-1 visa?

It is for certain. The CBP officer will ask you where your spouse is. If you lie, you can lose all immigration benefit and ability to ever enter the U.S. again. If you say they are in the UK, they will turn you around and send you back.