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CR1 Entering USA POE without Spouse Present?

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Filed: IR-1/CR-1 Visa Country: China
Timeline

This is a strange situation that could of course only happen to me (facepalm), but if my wife who has her CR1 immigrant visa and the sealed/unopened packet enters the US for the first time without me present, would that pose any issues? She speaks English so that wouldn't be an issue. Would the immigration officer have any justification to refute her entry and send her back to China on suspicion of the fact that her spouse wasn't there with her?

In case it matters...

I'll explain the situation very briefly -- she and her mom both have visas and want to travel quickly to the US because her mom's husband has an illness and wants to take care of him and she wants to accompany her. This is also the reason her mom would come here without her petitioner spouse. Meanwhile I am not ready for multiple reasons - one moving to a new home and two studying for a major licensing exam taking place in early October. So the plan was for her to drop off her mom with her mom's husband and stay there about a week or so until I finish my exam and then I go down there to meet them once I finish the move and the exam. I feel like a shmuck but the situation has forced me to consider this possibility.

So any thoughts on whether there is cause for concern if both her and her mom would't have their petitioner spouses present? It feels very shady... but I wanted to check.

Thanks!!

04/16/13: Met online - eventually began talking every day :)

09/20/13: Met in China for the first time!

03/03/14: Second trip to China - had an amazing time

09/27/14: Third trip to China - proposed!
10/08/14: Married in China!

11/20/14: I130 sent to Chicago lockbox facility for CR1 Visa

11/25/14: NOA1 (I797C)

12/12/14: NOA2 (I797) - unusually quick processing!

02/06/15: NVC received, notified by email

02/07/15: Completed DS260 online

02/08/15: AOS fee ($120) paid online

02/16/15: AOS package sent via email

03/13/15: Can no longer sign into the CEAC?

03/16/15: Called NVC - since I submitted AOS via email, case number changed to electronic case number - prefix changed from GUZ to GZO

03/16/15: Resubmitted DS261 per phone conversation

03/17/15: Received email confirmation of receipt of AOS email on 3/17 and due to high volume will be at least 60 days to process

03/19/15: IV fee invoiced and paid online. IV fee status shows as 'in process'

03/20/15: IV fee status shows 'paid' and DS260/IV application is available

03/27/15: DS260 submitted online

03/30/15: IV package emailed

04/19/15: Emailed photocopies of marriage certificate, birth certificate and police certificate to supplement original email - just in case - was not prompted to do so

04/20/15: Email from NVC: all documents accepted - interview to be scheduled soon

04/23/15: Email from NVC: interview scheduled

05/18/15: Interview - Passed!

05/25/15: Wife picked up Visa in hand

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Hi,

I do not think that your wife will be refused entry since her visa package is legit but they may question her and her mom while going through the visa packet and its contents; which is regulatory. All in all, there shouldn't be any issues if they are without their petitioning spouses through the airport.

IR-1/CR-1
Spoiler

GOT MARRIED: 3-APR-2015 :wub:

HUSBAND FILED I-130: 29-MAY-2015

VISAS APPROVED: 15-JUN-2016

VISAS IN HAND; GREEN CARD FEES PAID: 21-JUN-2016

PORT OF ENTRY - FT. LAUDERDALE INTL AIRPORT: 06-AUG-2016
CONDITIONAL GREEN CARDS RECEIVED: 23-SEP-2016
 
I-751 FILER   
Spoiler
FILED REMOVAL OF CONDITIONS: 25-JUN-2018
FILE SENT TO NEBRASKA SERVICE CENTER 11-MAY-2019
10-YR GREEN CARDS APPROVED 17-JUN-2019 
10-YR GREEN CARDS RECEIVED 21-JUN-2019 :dance: 

N-400 FILER
Spoiler
FILED CITIZENSHIP ONLINE; RECEIVED NOA1: 8-DEC-2019
BIOMETRICS WALK-IN: 18-DEC-2019
INTERVIEW SCHEDULED: 26-OCT-2020
APPROVED/SAME DAY OATH CEREMONY: 26-OCT-2020
 
US PASSPORT
APPLICATION APPOINTMENT AT USPS (ROUTINE): 16-SEP-2021
PASSPORT APPROVED: 30-SEP-2021
PASSPORT RECEIVED: 5-OCT-2021
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Filed: IR-1/CR-1 Visa Country: China
Timeline

Thank you so much for such a quick reply!

04/16/13: Met online - eventually began talking every day :)

09/20/13: Met in China for the first time!

03/03/14: Second trip to China - had an amazing time

09/27/14: Third trip to China - proposed!
10/08/14: Married in China!

11/20/14: I130 sent to Chicago lockbox facility for CR1 Visa

11/25/14: NOA1 (I797C)

12/12/14: NOA2 (I797) - unusually quick processing!

02/06/15: NVC received, notified by email

02/07/15: Completed DS260 online

02/08/15: AOS fee ($120) paid online

02/16/15: AOS package sent via email

03/13/15: Can no longer sign into the CEAC?

03/16/15: Called NVC - since I submitted AOS via email, case number changed to electronic case number - prefix changed from GUZ to GZO

03/16/15: Resubmitted DS261 per phone conversation

03/17/15: Received email confirmation of receipt of AOS email on 3/17 and due to high volume will be at least 60 days to process

03/19/15: IV fee invoiced and paid online. IV fee status shows as 'in process'

03/20/15: IV fee status shows 'paid' and DS260/IV application is available

03/27/15: DS260 submitted online

03/30/15: IV package emailed

04/19/15: Emailed photocopies of marriage certificate, birth certificate and police certificate to supplement original email - just in case - was not prompted to do so

04/20/15: Email from NVC: all documents accepted - interview to be scheduled soon

04/23/15: Email from NVC: interview scheduled

05/18/15: Interview - Passed!

05/25/15: Wife picked up Visa in hand

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Filed: K-1 Visa Country: Wales
Timeline

You are in the US?

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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Filed: Lift. Cond. (apr) Country: China
Timeline

You are in the US?

I would echo this, the only issue would be is if you are outside the US and have not established residency in the US where the immigrant visa was issued on the basis of you intending to reestablish residency.

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Filed: IR-1/CR-1 Visa Country: China
Timeline

Great point - thank you for clarifying. I'm in the U.S. without any intention relocate.

04/16/13: Met online - eventually began talking every day :)

09/20/13: Met in China for the first time!

03/03/14: Second trip to China - had an amazing time

09/27/14: Third trip to China - proposed!
10/08/14: Married in China!

11/20/14: I130 sent to Chicago lockbox facility for CR1 Visa

11/25/14: NOA1 (I797C)

12/12/14: NOA2 (I797) - unusually quick processing!

02/06/15: NVC received, notified by email

02/07/15: Completed DS260 online

02/08/15: AOS fee ($120) paid online

02/16/15: AOS package sent via email

03/13/15: Can no longer sign into the CEAC?

03/16/15: Called NVC - since I submitted AOS via email, case number changed to electronic case number - prefix changed from GUZ to GZO

03/16/15: Resubmitted DS261 per phone conversation

03/17/15: Received email confirmation of receipt of AOS email on 3/17 and due to high volume will be at least 60 days to process

03/19/15: IV fee invoiced and paid online. IV fee status shows as 'in process'

03/20/15: IV fee status shows 'paid' and DS260/IV application is available

03/27/15: DS260 submitted online

03/30/15: IV package emailed

04/19/15: Emailed photocopies of marriage certificate, birth certificate and police certificate to supplement original email - just in case - was not prompted to do so

04/20/15: Email from NVC: all documents accepted - interview to be scheduled soon

04/23/15: Email from NVC: interview scheduled

05/18/15: Interview - Passed!

05/25/15: Wife picked up Visa in hand

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Filed: K-1 Visa Country: Wales
Timeline

I assumed the mother was visiting.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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Filed: IR-1/CR-1 Visa Country: China
Timeline

My wife is entering with CR-1 and her mother on IR-1.

04/16/13: Met online - eventually began talking every day :)

09/20/13: Met in China for the first time!

03/03/14: Second trip to China - had an amazing time

09/27/14: Third trip to China - proposed!
10/08/14: Married in China!

11/20/14: I130 sent to Chicago lockbox facility for CR1 Visa

11/25/14: NOA1 (I797C)

12/12/14: NOA2 (I797) - unusually quick processing!

02/06/15: NVC received, notified by email

02/07/15: Completed DS260 online

02/08/15: AOS fee ($120) paid online

02/16/15: AOS package sent via email

03/13/15: Can no longer sign into the CEAC?

03/16/15: Called NVC - since I submitted AOS via email, case number changed to electronic case number - prefix changed from GUZ to GZO

03/16/15: Resubmitted DS261 per phone conversation

03/17/15: Received email confirmation of receipt of AOS email on 3/17 and due to high volume will be at least 60 days to process

03/19/15: IV fee invoiced and paid online. IV fee status shows as 'in process'

03/20/15: IV fee status shows 'paid' and DS260/IV application is available

03/27/15: DS260 submitted online

03/30/15: IV package emailed

04/19/15: Emailed photocopies of marriage certificate, birth certificate and police certificate to supplement original email - just in case - was not prompted to do so

04/20/15: Email from NVC: all documents accepted - interview to be scheduled soon

04/23/15: Email from NVC: interview scheduled

05/18/15: Interview - Passed!

05/25/15: Wife picked up Visa in hand

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Filed: Other Country: China
Timeline

That's pretty cool.

Most immigrant visa holders handle the entry on their own anyhow. It should be no problem.

Hope mom's husband recovers quickly and also congratulations!

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Filed: IR-1/CR-1 Visa Country: Mexico
Timeline

Answering your question: She will not have problems entering the country without you.

I entered the US by myself and I didn't have any problem. The petitioner does have to move/be in the US before the beneficiary enter. But there's no rule about entering the country together.

I speak English, but the immigration officer who processed the package spoke to me in Spanish. They were all extremely nice in Houston airport.

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Filed: IR-1/CR-1 Visa Country: China
Timeline

That makes me feel a lot better - thank all of you so much. This is truly a great forum.

04/16/13: Met online - eventually began talking every day :)

09/20/13: Met in China for the first time!

03/03/14: Second trip to China - had an amazing time

09/27/14: Third trip to China - proposed!
10/08/14: Married in China!

11/20/14: I130 sent to Chicago lockbox facility for CR1 Visa

11/25/14: NOA1 (I797C)

12/12/14: NOA2 (I797) - unusually quick processing!

02/06/15: NVC received, notified by email

02/07/15: Completed DS260 online

02/08/15: AOS fee ($120) paid online

02/16/15: AOS package sent via email

03/13/15: Can no longer sign into the CEAC?

03/16/15: Called NVC - since I submitted AOS via email, case number changed to electronic case number - prefix changed from GUZ to GZO

03/16/15: Resubmitted DS261 per phone conversation

03/17/15: Received email confirmation of receipt of AOS email on 3/17 and due to high volume will be at least 60 days to process

03/19/15: IV fee invoiced and paid online. IV fee status shows as 'in process'

03/20/15: IV fee status shows 'paid' and DS260/IV application is available

03/27/15: DS260 submitted online

03/30/15: IV package emailed

04/19/15: Emailed photocopies of marriage certificate, birth certificate and police certificate to supplement original email - just in case - was not prompted to do so

04/20/15: Email from NVC: all documents accepted - interview to be scheduled soon

04/23/15: Email from NVC: interview scheduled

05/18/15: Interview - Passed!

05/25/15: Wife picked up Visa in hand

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Same goes for me and my kids....my husband will be picking us up at the Fort Lauderdale Int'l airport so we'll be doing this on our own as well.

IR-1/CR-1
Spoiler

GOT MARRIED: 3-APR-2015 :wub:

HUSBAND FILED I-130: 29-MAY-2015

VISAS APPROVED: 15-JUN-2016

VISAS IN HAND; GREEN CARD FEES PAID: 21-JUN-2016

PORT OF ENTRY - FT. LAUDERDALE INTL AIRPORT: 06-AUG-2016
CONDITIONAL GREEN CARDS RECEIVED: 23-SEP-2016
 
I-751 FILER   
Spoiler
FILED REMOVAL OF CONDITIONS: 25-JUN-2018
FILE SENT TO NEBRASKA SERVICE CENTER 11-MAY-2019
10-YR GREEN CARDS APPROVED 17-JUN-2019 
10-YR GREEN CARDS RECEIVED 21-JUN-2019 :dance: 

N-400 FILER
Spoiler
FILED CITIZENSHIP ONLINE; RECEIVED NOA1: 8-DEC-2019
BIOMETRICS WALK-IN: 18-DEC-2019
INTERVIEW SCHEDULED: 26-OCT-2020
APPROVED/SAME DAY OATH CEREMONY: 26-OCT-2020
 
US PASSPORT
APPLICATION APPOINTMENT AT USPS (ROUTINE): 16-SEP-2021
PASSPORT APPROVED: 30-SEP-2021
PASSPORT RECEIVED: 5-OCT-2021
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