Entering USA before petitioner, is this doable?? Please help

[Rajaeejehad 2]

Hello everyone

after a successful interview and from your experience, is it ok to enter USA while the petitioner is abroad? as i mentioned earlier my wife is pregnant and she is taking shots every day in order not to miscarriage and i am afraid she cannot go with me to USA.

Please advise if this doable?

[Transborderwife 4,666]

No, you cannot

[Kim Mertens 54]

I don`t know if it`s possible to leave at a later date but to me it sounds like your wife needs you, so I`d wait and stay with her if she can`t fly, but thats just my opinion.

[Rajaeejehad 2]

Thank you for your answers, i am just going to USA for one week maximum.

I need an experienced opinion who is experienced in this, i do appreciate general opinion tho.

My mom and dad are staying with her and taking good care of her, and i also booked and paid for her mom to come and stay with her.

i have asked a lawyer and the below was his reply:

Answered

about 4 hours ago

. You will need to present yourself at a U. S. port of entry within 180 days from the date of the issuance of your immigrant visa. Your spouse does not have to be present at the port of entry. You should be prepared to explain the circumstances and the reasons for your wife remaining abroad

i am not fully convinced with the lawyer reply.

this is why i need your experienced opinion.

Thank you.

[Transborderwife 4,666]

Present at POE, no. However she does need to be in the usa

[Rajaeejehad 2]

why did the lawyer mentioned the below:

"You should be prepared to explain the circumstances and the reasons for your wife remaining abroad"

[Transborderwife 4,666]

Lawyers are notorious for giving false advice. This is very much a do it yourself site. I've always seen and been told that the petitioner needs to be in the USA. Perhaps her circumstances make for a different situation.

As well, I noticed that you're coming on an f2a. How did she do this while not in the USA? How long has she been out?

Edited July 31, 2015 by Transborderwife

[Boiler 45,522]

She needs to be here

[Rajaeejehad 2]

she came to visit me last month and got pregnant on the same month,

she has been outside USA for 1 month now, she is also an LPR

[Transborderwife 4,666]

I see. Could the two of you possibly wait until the second trimester? Usually that's when pregnancies are stabilized.

[Rajaeejehad 2]

Yes this is what i am going to do, and i will be waiting for the doctor instruction as i will never jeopardize her life or the babys life, they are much more important than my visa, i can wait for another 2 years waiting for another petition

no issues at all

[Transborderwife 4,666]

Just be aware that if she's out of the USA for longer than a year she will need a re entry permit in order to ensure that her residency hasn't been abandoned.

[Boiler 45,522]

Abandonment is a complicated subject well beyond this forum.

[TBoneTX 45,302]

Five posts have been removed because of their off-topic or inflammatory nature. Avoid misunderstanding anyone's signatures, and stay on the OP's topic.

VJ Moderation

[mallafri76 1,012]

Part of the visa process is the petitioner showing that they either live in the US or proving that they are intending to take up a domicile in the US. It is not possible for a person to immigrate to the US with the petitioner still living abroad, for however short a time.

Like someone's already said, if your wife is just in the beginning of her pregnancy, give it some time to stabilize and then she should be fine to travel. Just don't wait too long because many airlines have strict rules of how far along a women can be and still be allowed to travel.

Congratulations on the pregnancy.