Can my husband land before I return to the US?

[mrss13 2]

So long story short, due to some work issues, my husband may need to return to the US before I do. Is it possible for him to land successfully if I am not there with him? I keep getting mixed answers.. does anyone have any experience with this? Thanks.

[Hypnos 6,576]

No. As the US citizen petitioner you must either accompany him or arrive back in the US first: http://travel.state.gov/visa/immigrants/types/types_2991.html

"When traveling, the primary (or principal) applicant must enter the United States before or at the same time as family members holding visas."

Primary applicant = petitioner.

Edited December 9, 2013 by Hypnos

[mrss13 2]

The primary applicant is the petitioner? On all of the forms the primary applicant was my husband, who is the only applicant. I'm the US citizen.

[Hypnos 6,576]

I believe that sentence refers to you, although maybe it means principle applicant and derivatives.

Edited December 9, 2013 by Hypnos

[lost_at_sea 995]

I've always understood that to mean the sponsoring USC must be in the US ahead of, or with, the entering immigrant at first POE.

I have no idea how they'd tell at POE, however.

[mrss13 2]

Thanks, I might email the embassy and ask.

[mindthegap 2,590]

I've always understood that to mean the sponsoring USC must be in the US ahead of, or with, the entering immigrant at first POE.

I have no idea how they'd tell at POE, however.

Would take some pretty big balls to blag that one....

I can envisage them potentially checking the US spouse's passport number for entry dates (a photocopy of my wifes US passport was in my package from DCF, so the number was there if they wanted to).

[lost_at_sea 995]

Would take some pretty big balls to blag that one....

I can envisage them potentially checking the US spouse's passport number for entry dates (a photocopy of my wifes US passport was in my package from DCF, so the number was there if they wanted to).

Sure. I wasnt suggesting a blag. I just dont know that they are bothering to check (my husband travelled with me when I POEd, so don't know if they are required to ask).

[aaron2020 11,651]

Two different issues that are getting mixed up.

Rule 1. The principal beneficiary must always enter before or at the same time as the derivative beneficiaries.

Rule 2. The petitioner spouse must enter before or at the same time to establish a domicile in order for the immigrant to enter. See the I-864 instructions on domicile.

There is no problem with Rule 1.

There is a problem with Rule 2 since the petitioner has not reestablish a US domicile. OP did a DCF in Seoul. On the I-864, she promised to reestablish a US domicile before her husband can be admitted as an immigrant.

Edited December 13, 2013 by aaron2020

[aaron2020 11,651]

No. As the US citizen petitioner you must either accompany him or arrive back in the US first: http://travel.state.gov/visa/immigrants/types/types_2991.html

"When traveling, the primary (or principal) applicant must enter the United States before or at the same time as family members holding visas."

Primary applicant = petitioner.

The primary applicant is the primary beneficiary. US citizens do not apply (as in applicant) for admission to the US.

[jan22 3,056]

You need to enter and establish (re-establish) a residence before he can legally enter. The fact that you used DCF, and the IV packet information, will all show that the USC (you) was living outside the US at the time of visa processing. That essentially guarantees that your husband will be asked about your return to the US and the residence you have established.