Immigrating to US

[Martin0 0]

Hello. Can my spouse enter the US with an immigrant visa without myself being present in the country?

This is due to my studies overseas and my spouse's visa expires before my graduation. I will join her shortly after and a joint sponsor will be present in the US at the time of her entry. 

Help with this issue would be much appreciated! 

[JFH 12,191]

No. When you signed the I-864 you swore that you would return to the country either before or with the immigrant. 

[JFH 12,191]

*~*~*moved Fromm "brining family members of USCs" to "IR-1/CR-1 spouse visa process and procedures"*~*~*

[j&ana 380]

No

[Martin0 0]

Thanks. Also does my spouse have to enter the US before  the medical expires or just go based on the visa expiration date? 

[j&ana 380]

I believe it is before the medical expires. I could be wrong

Edited March 2, 2018 by j&ana

[aleful 1,905]

before the visa expires. check the passport

 

 

[SusieQQQ 11,587]

6 minutes ago, Martin0 said:

Thanks. Also does my spouse have to enter the US before  the medical expires or just go based on the visa expiration date? 

The visa expiry date should not be later than the medical expiry date. You go by the date on the visa (according to what our CO told us when we explicitly asked him this same question).

[j&ana 380]

I was wrong

From the NVC website

Immigrant visa applicants should not make any final travel arrangements, dispose of property, or give up jobs until and unless visas are issued. Some visa applications require further administrative processing, which takes additional time after the visa applicant's interview. An immigrant visa is generally valid for six months from the issuance date.

[geowrian 22,338]

This is valid for at most 6 months. That said, it is limited by the validity of the medical examination. In most cases the medical exam is valid for 6 months.

 

What matters is the expiration date on the visa. This shouldn't be past the medical exam results validity, but what's on the visa is what to go by.

[SusieQQQ 11,587]

1 hour ago, j&ana said:

I was wrong

From the NVC website

Immigrant visa applicants should not make any final travel arrangements, dispose of property, or give up jobs until and unless visas are issued. Some visa applications require further administrative processing, which takes additional time after the visa applicant's interview. An immigrant visa is generally valid for six months from the issuance date.

From the DoS website explaining the immigrant visa process and which should always be first port of call for questions:

 

 An immigrant visa is usually valid for up to six months from the date of issuance unless your medical examination expires sooner, which may make your visa valid for less than six months.

https://travel.state.gov/content/travel/en/us-visas/immigrate/the-immigrant-visa-process/interview/after-the-interview.html

[j&ana 380]

42 minutes ago, SusieQQQ said:

From the DoS website explaining the immigrant visa process and which should always be first port of call for questions:

 

 An immigrant visa is usually valid for up to six months from the date of issuance unless your medical examination expires sooner, which may make your visa valid for less than six months.

https://travel.state.gov/content/travel/en/us-visas/immigrate/the-immigrant-visa-process/interview/after-the-interview.html

So I guess I was right with my first reply.

 

Edited March 2, 2018 by j&ana

[SusieQQQ 11,587]

20 minutes ago, j&ana said:

So I guess I was right with my first reply.

 

Not in the way you phrased it. The answers stating that the date on the visa is the one to focus on, are correct. If there is a discrepancy between the two for some reason, it’s the expiry date on the visa that matters.

[j&ana 380]

7 minutes ago, SusieQQQ said:

Not in the way you phrased it. The answers stating that the date on the visa is the one to focus on, are correct. If there is a discrepancy between the two for some reason, it’s the expiry date on the visa that matters.

ok then my second post was right

it either the medical or the visa expiration date  I stated medical in one and then  state was wrong it was visa why do you want   to insist on something

you win

The op got the right answer from others

 

you just posted a link  from dos website that state the medical exp date is the one to go by if expire sooner now you are posting that it is the visa date

Edited March 2, 2018 by j&ana

[SusieQQQ 11,587]

34 minutes ago, j&ana said:

ok then my second post was right

it either the medical or the visa expiration date  I stated medical in one and then  state was wrong it was visa why do you want   to insist on something

you win

The op got the right answer from others

 

you just posted a link  from dos website that state the medical exp date is the one to go by if expire sooner now you are posting that it is the visa date

I suggest you re-read the quote, specifically the bit that says “...which may make your visa valid for less than six months.”

Edited March 2, 2018 by SusieQQQ