My situation is weird, please someone HELP ! Question about POE and IR1

[AudreyND 14]

First, the idea you have about possibly returning to the U.S. after your interview, without your Visa, then have it sent to you and reenter by mexico, seems a little sketchy. You should verify with your consulate and make sure it is not against the law...

From the U.S. Consulate in France website:

Can I enter the U.S. and wait while the visa is being processed?

Generally not. Many categories of immigrant visas involve long waiting periods before the visa can be issued. It is generally not possible to spend this period in the U.S.

If you intend to remain permanently in the U.S., attempting to enter on a non-immigrant visa or under the visa waiver program is not advisable and could result in your involuntary return to France. In order to be granted admission on a nonimmigrant visa or under the visa waiver program, you must prove that you have a residence outside the U.S. to which you intend to return, at least temporarily. It is at the discretion of USCIS at the port of entry whether to admit a traveler in that case.

If you are granted entry you can make an application to USCIS for an adjustment of status. If your application is approved, USCIS will give you permission to remain in the U.S. whilst you conclude processing your adjustment of status application. If they reject your application, you will be required to depart the U.S. and apply for an immigrant visa through at the U.S. Embassy or Consulate in your country of residence.

Can I visit the U.S. during my immigrant visa applicant process?

You must prove to a U.S. immigration officer that you intend to return to your residence abroad to complete your immigrant visa process after a short visit to the United States if you decide to visit the U.S. during your visa application process. There is no guarantee of entry. Refused entry to the U.S. could result in your involuntary return to France and prolong your application for an immigrant visa.

Can't you guys work around with your husband's leave dates so he gets to the. U.S. about a week after your interview? That way if you get approved, you will have your visa in hand and be able to move right away to the U.S., na? I know it might not be a possibility with military/contractor leave... Once it's approved, it's hard to get it modified, but if i were in your shoes that's the first thing i'd try to do.

If he really can't get different leave dates approved, then reschedule the interview for later.

I need to change my appointment date. What do I do?

Should you need to change your final visa interview appointment date, please e-mail us at ParisConIV@state.gov or fax 01 43 12 22 29 (from the U.S., dial 011 33 1 43 12 22 29) advising us of the reasons you are unable to attend the scheduled appointment. Upon receipt of your notice, we will respond with a new appointment for the earliest possible date.

http://france.usembassy.gov/mobile/iv-faqs.html

[Darnell 8,478]

oh and my husband is a government contractor, he works for the army but doesn't have the military status.

I suggest you reschedule the interview at the IV Unit for some date after he returns to Afghanistan. Yes, Really.

[jan22 3,056]

Not to put a further worry on you, but if the immigration officer at the port of entry checks the system and sees how far along you are in the immigration process, he/she could always decide not to grant entry on the visa waiver program. Hopefully not likely, but always possible. If it's only a matter of money (I know -- that's a big deal, but in the overall scheme of things, it's the most easily dealt with), I would check with the airlines about possibly changing the tickets (even with a penalty) and have him come to Paris for a couple of weeks to help you close out things there and then you travel together to the US for the rest of his leave, if there's time. you will have lots of time to do things on the house (assuming you mean the one in the US) after he's gone back to Afghanistan. Anything that will maximize your time with him -- even if it's more expensive -- would be my aim.....but that's me. You need to work out what's best for you guys.

[NikLR 13,227]

As far as I understand it, the OP is already in the USA.