POE without spouse

[rpvn9 0]

Hi,

We did a DCF at New Delhi, and I've got IR1 visa stamped on my passport (our marriage is 2.5 yrs old) last month. Next fortnight am planning to fly to US on company work and also for exploring jobs within the company (it's a US MNC). My spouse (a US citizen) would not be accompanying me then. Would I have any issues at the POE? I would be in US for a week, and would return.

Both of us would finally fly to US together in 2 months as we would have finished packing, winding up here in India.

Please advise of any issues.

Somewhere I read (unsure where) that for first time Permanent Residents via the DCF route, the spouse (who's the sponsor) has to be in US before or at least accompany the immigrant at the same time. Am wondering how the inspector at the POE can determine this?

Thanks,

rpvn9

[Rob and Melinda 0]

No you do not need your spouse with you at the POE. With a CR1 you should go through the immigration officer with no problem.

Rob and Melinda

[Fofire 0]

No you do not need your spouse with you at the POE. With a CR1 you should go through the immigration officer with no problem.

Rob and Melinda

If thats true then what line do you go in as a couple? Under the non-citzens/residents line or in the citizens/residents line?

[payxibka 10,047]

No you do not need your spouse with you at the POE. With a CR1 you should go through the immigration officer with no problem.

Rob and Melinda

If thats true then what line do you go in as a couple? Under the non-citzens/residents line or in the citizens/residents line?

Typically speaking it should be the visitor line, however, if you ask the "crowd control" officer, he will direct you properly... You may be pleasantly surprised that he may even direct you to the citizen line....

Edited March 13, 2007 by fwaguy

[john_and_marlene 162]

Somewhere I read (unsure where) that for first time Permanent Residents via the DCF route, the spouse (who's the sponsor) has to be in US before or at least accompany the immigrant at the same time. Am wondering how the inspector at the POE can determine this?

Your memory is correct. I found the following on the US embassy in Korea website:

A sponsor living abroad may need to show that s/he has taken steps to establish a domicile in the United States and has either already taken up physical residence in the United States or will do so currently with the applicant. The sponsor does not have to precede the applicant to the United States but, if s/he does not do so, s/he must at least arrive in the United States concurrently with the applicant.

[rpvn9 0]

Ah, so am not that old Googled & landed up on this URL-

http://seoul.usembassy.gov/affidavit_of_support3.html#eight

I quote more-

Although there is no time frame for the resident to establish residence, the consular officer must be satisfied that sponsor has, in fact, taken up residence in the United States. Evidence that the sponsor has established a domicile in the United States and is either physically residing there or intends to do so before or concurrently with the applicant include the following:.......

Now here's my query- The above is applicable before the visa is issued, for the consular office. The visa will be issued once the consular office determines a proper domicile. Once the visa is issued, how does the inspector at the POE know that the sponsor is already in US or accompanying the immigrant (assuming the sponsor is a little away/ahead in line & cleared immigration)?

Please note that domicile is established in my case (sponsor has an address, has an existing bank account over 6 yrs, has voted in federal elections, has SSN, etc.)

Comments? Anyone cleared POE via DCF alone?

[john_and_marlene 162]

Once the visa is issued, how does the inspector at the POE know that the sponsor is already in US or accompanying the immigrant (assuming the sponsor is a little away/ahead in line & cleared immigration)?

They can ask you (and probably will). They may choose to verify your answer.

[rpvn9 0]

Can't I reply that the sponsor has a domicile (residence, bank account, etc) in US and that s/he is visiting India at the moment?

Worst-case scenario- What can the POE inspector do if he's overly suspicious and does not believe at all? I assume he can deport you back, but how likely is it given that the visa basis is a husband-wife relationship (the closest of all)? What happens after/during deportation (can there be any appeal)?

[payxibka 10,047]

or since we live in the age of computers and passports are "swiped" upon departure and again upon re-entry, it is possible that a record exists of a departure some time ago with no corresponding re-entry. Not a fool proof indication but may as John_and_Marlene indicated that it may prompt a question....

[koolaidman23 0]

Sounds risky!

[meauxna 15]

Am wondering how the inspector at the POE can determine this?

Much the same way they determine anything in this processs--you are asked under some form of oath (on forms) and sign/affirm your answers. Or, an officer asks you a question--you are required to answer truthfully or jeoprodize your entire immigration status.

There is a woman posting on another board about her trouble naturalizing because she was admitted under false pretenses by lying when she came with an immigrant visa. She may not be a PR at all, and may be removable. These things do come back to you.

I don't know enough more about it than what you all have turned up--I was surprised the first time I heard of this rule. If the USC spouse here has been in India long enough to file with Delhi, and claimed that that was his principle residence (in order to file) then it certainly raises this question.

I would get a definitive answer from a professional than all of our wild guesses. It may be a non-issue kind of thing, or it may behoove you to have the USC travel with you even if it costs $$. The stakes are high enough that *I* would want to know.