Urgent, please help! Activating US Visa!

[TS_123 9]

Hi,

 

I have received my visa and it's ready to activate upon point of entry.  I intended to travel with my family (my wife is the American citizen) at end of December as a family.  I received a call today for a job interview end of this week in the US.  Would I be able to activate my visa without my family for the interview or do I have to travel with my family in order for them to activate my visa?

 

Thanks,

[JFH 12,191]

Your wife must enter before or with you but not after. 

 

Either you re-arrange the interview, have the interview by Skype in your home country, or your wife comes with you for the interview trip. 

[jayjayj 571]

53 minutes ago, JFH said:

Your wife must enter before or with you but not after. 

 

Either you re-arrange the interview, have the interview by Skype in your home country, or your wife comes with you for the interview trip. 

 

I've never heard this before.  Are you sure it is accurate?

[Boiler 45,913]

24 minutes ago, jayjayj said:

 

I've never heard this before.  Are you sure it is accurate?

Yes

[geowrian 22,338]

27 minutes ago, jayjayj said:

I've never heard this before.  Are you sure it is accurate?

Yup.

[jayjayj 571]

That is strange indeed.  I had a coworker who sent his wife to the U.S. by herself to activate her green card.  He couldn't take any days off at the time.  She didn't have any problems.

[JFH 12,191]

8 hours ago, jayjayj said:

That is strange indeed.  I had a coworker who sent his wife to the U.S. by herself to activate her green card.  He couldn't take any days off at the time.  She didn't have any problems.

"She didn't gave any problems" is not the same as "it's allowed". When I arrived at POE I wasn't specifically asked where my husband was. I was asked for his phone number but no one called him. But it is in the rules. As with any rule, people get away with breaking it. Doesn't mean it's right. 

[jayjayj 571]

8 minutes ago, JFH said:

"She didn't gave any problems" is not the same as "it's allowed". When I arrived at POE I wasn't specifically asked where my husband was. I was asked for his phone number but no one called him. But it is in the rules. As with any rule, people get away with breaking it. Doesn't mean it's right. 

What exactly is the rule?  What if I happen to be taking a day trip into Canada when my significant other arrives at her POE?  

[JFH 12,191]

12 hours ago, jayjayj said:

What exactly is the rule?  

You signed an I-864, no? You agreed to it when you signed it/you will agree to it when you sign it.

 

see the instructions for section 4:

 

https://www.uscis.gov/system/files_force/files/form/i-864instr.pdf?download=1

[acidrain 325]

Is this rule geared toward those who have not established permanent domicile? To ensure the US citizen establishes ties first?

 

I am more curious as the situation shouldn't apply to us.

[jayjayj 571]

1 hour ago, JFH said:

You signed an I-864, no? You agreed to it when you signed it/you will agree to it when you sign it.

 

see the instructions for section 4:

 

https://www.uscis.gov/system/files_force/files/form/i-864instr.pdf?download=1

I did sign the I-184, but it doesn't say anything about me being physically present in the U.S. on the day the immigrant arrives.  Are you referring to this section of the instructions for the I-184 -

 

"You intend in good faith to reestablish your domicile in the United States no later than the date of the intending immigrant’s admission or adjustment of status. You must submit proof that you have taken concrete steps to establish that you will domicile in the United States at a time no later than the date of the intending immigrant’s admission or adjustment of status. Concrete steps might include accepting a job in the United States, signing a lease or purchasing a residence in the United States, or registering children in U.S. schools. Please attach proof of the steps you have taken to establish domicile as described above."

 

If you are referring to that portion, you could be giving the OP the wrong advice, because nobody asked him if this was applicable.  A person can keep their domicile in the U.S. while traveling abroad and the instructions above list several ways one can reestablish domicile, while not being physically present in the U.S. at that very moment.  Domicile is different from physical presence.  The OP's sponsor could simply be spending a few months overseas, while still keeping their domicile in the United States.

 

Unless I am missing something, I don't see anything saying the U.S. citizen needs to be physically present in the U.S. on the day the immigrant arrives - only that domicile must be established.

Edited December 6, 2017 by jayjayj

[jayjayj 571]

On 12/5/2017 at 7:38 AM, Boiler said:

Yes

 

On 12/5/2017 at 7:42 AM, geowrian said:

Yup.

 

On 12/5/2017 at 7:44 AM, Dee elle said:

Yep

Can someone confirm the information above?  I don't want the OP to get the wrong info.

[Boiler 45,913]

1 minute ago, jayjayj said:

 

 

Can someone confirm the information above?  I don't want the OP to get the wrong info.

Sure

 

I confirm.

[jayjayj 571]

Just now, Boiler said:

Sure

 

I confirm.

Which part though?  Check my post about domicile.  

[JFH 12,191]

9 hours ago, jayjayj said:

 

 

Can someone confirm the information above?  I don't want the OP to get the wrong info.

You don't want the OP to have the wrong information or you were planning to do exactly this yourself (send your wife alone) and you're panicking that you might be in trouble?