URGENT: IR-1 POE Without My Spouse???

[Siwady 7]

12 minutes ago, SorrowL said:

It sucks, but those are the risks of traveling near the expiry date of any visa. Unforeseen circumstances have been a disaster for many in the immigration world.

 

 I hope your situation ends out well, and I especially hope your child will be healthy again soon. Keep us up to date!

Thanks for the very kind words. Thank God she is recovering very well but the doctor said it's better not to let her travel for another couple of weeks or so.

[Siwady 7]

1 hour ago, Jorgedig said:

You will not be admitted at POE in that case.

Thanks for confirming.  I couldn’t be sure.

I also have a co-sponsor for my application and he actually resides in the US. Basically my wife's uncle co-sponsored me since my wife still needs to re-establish domicile in the US.

 

Will that make a difference?

[SorrowL 138]

10 minutes ago, Siwady said:

I also have a co-sponsor for my application and he actually resides in the US. Basically my wife's uncle co-sponsored me since my wife still needs to re-establish domicile in the US.

 

Will that make a difference?

They are a financial sponsor, not the petitioner. Petitioner is the person who filed the I-130 for you. The petitioner (your spouse) must already be in the US or enter with you. 

Edited February 8, 2020 by SorrowL

[Duke & Marie 1,389]

1 hour ago, Siwady said:

Thanks for the very kind words. Thank God she is recovering very well but the doctor said it's better not to let her travel for another couple of weeks or so.

While not ideal.. I think your other option is to confirm with the doctors about the expected recovery of your child. A lot of doctors are extra careful when it comes to children especially very young ones.. if she’s recovering very well like you say, you still have a week before she’s possibly well enough 🤷‍♀️ They did say shouldn’t, which dosent mean can’t. 

 

is the hospital aware of your immigration status? You mentioned you’ve cancelled Dubai residency.. and possibly will lose USA too if not careful 

Edited February 8, 2020 by Duke & Marie

[Siwady 7]

58 minutes ago, Duke & Marie said:

While not ideal.. I think your other option is to confirm with the doctors about the expected recovery of your child. A lot of doctors are extra careful when it comes to children especially very young ones.. if she’s recovering very well like you say, you still have a week before she’s possibly well enough 🤷‍♀️ They did say shouldn’t, which dosent mean can’t. 

 

is the hospital aware of your immigration status? You mentioned you’ve cancelled Dubai residency.. and possibly will lose USA too if not careful 

Thanks for the response 

 

Yeah I thought about that too.

 

They said it's risky taking her on such a long flight especially with cabin pressure and all. Also said that she might still be a bit weak and we shouldn't take our chances getting any sort of bug on the plane. 

[NikLR 13,232]

Talk to the CBP at Abu Dhabi and see if you can POE with a gate pass (or a ticket if you don't mind losing the money.)

[Siwady 7]

33 minutes ago, NikLR said:

Talk to the CBP at Abu Dhabi and see if you can POE with a gate pass (or a ticket if you don't mind losing the money.)

Sorry but I didn't quite get what you mean? 

[NikLR 13,232]

15 minutes ago, Siwady said:

Sorry but I didn't quite get what you mean? 

So Abu Dhabi has pre-clearance. When you go through pre-clearance airports, you've entered the USA and the flight is now domestic.  You could inquire if you and your wife could show up and they could activate your visa because of your daughter's inability to travel.  I would bring a doctor's note that is advising she not travel at this time and that the travel date will be after your visa expires. The visa is directly tied to the medical date which is why it can't be extended. 

[Suze1 366]

36 minutes ago, NikLR said:

So Abu Dhabi has pre-clearance. When you go through pre-clearance airports, you've entered the USA and the flight is now domestic.  You could inquire if you and your wife could show up and they could activate your visa because of your daughter's inability to travel.  I would bring a doctor's note that is advising she not travel at this time and that the travel date will be after your visa expires. The visa is directly tied to the medical date which is why it can't be extended. 

Brilliant @NikLR!

 

That might work. Definitely worth checking out thoroughly BEFORE the flight, for sure.

 

Really sorry about the OP's circumstances. Terrible situation. 

 

Some possibly related background - 

Per the policy manual (related to meeting the requirements for AOS, but still might make for a winning legal argument) - 

https://www.uscis.gov/policy-manual/volume-7-part-b-chapter-2#footnote-20

2. Admission ^[19]

An alien is admitted if the following conditions are met: ^[20] 

• The alien applied for admission as an “alien” at a port of entry; and

• An immigration officer inspected the applicant for admission as an “alien” and authorized him or her to enter the United States in accordance with the procedures for admission. ^[21] 

An alien who meets these two requirements is admitted, even if the alien obtained the admission by fraud. ^[22] Likewise, the alien is admitted, even if the CBP officer performed a cursory inspection. 

 

Another side note:

I recall that in Singapore, someone bought a ticket just to accompany his wife to the gate to say goodbye, and then turned around and did not actually fly out, and he was arrested for NOT leaving the country.

But I think that is:

1) Not as likely to happen here.

2) Worth checking out beforehand.

3) Worth trying if nothing else is available.

 

Otherwise, I, too, would fly to the US with the wife, and fly back (at least the wife, if not both of you) IMMEDIATELY, the next or same day.

 

Best wishes to you Guys!

 

Suze1

From Dubai

 

Edited February 8, 2020 by Suze1

[Siwady 7]

39 minutes ago, NikLR said:

So Abu Dhabi has pre-clearance. When you go through pre-clearance airports, you've entered the USA and the flight is now domestic.  You could inquire if you and your wife could show up and they could activate your visa because of your daughter's inability to travel.  I would bring a doctor's note that is advising she not travel at this time and that the travel date will be after your visa expires. The visa is directly tied to the medical date which is why it can't be extended. 

Do you think will allow us to enter, check in and after talking to CBP and leave. Would be awesome if it works. Anyone knows of someone who successfully did that?

 

Thanks a lot NikLR 😊

[NikLR 13,232]

Just now, Siwady said:

Do you think will allow us to enter, check in and after talking to CBP and leave. Would be awesome if it works. Anyone knows of someone who successfully did that?

 

Thanks a lot NikLR 😊

Doesn't hurt to ask. I know people do it in Canada but generally at a land border. 

[Siwady 7]

7 minutes ago, Suze1 said:

Brilliant @NikLR!

 

That might work. Definitely worth checking out thoroughly BEFORE the flight, for sure.

 

Really sorry about the OP's circumstances. Terrible situation. 

 

Some possibly related background - 

Per the policy manual (related to meeting the requirements for AOS, but still might make for a winning legal argument) - 

https://www.uscis.gov/policy-manual/volume-7-part-b-chapter-2#footnote-20

2. Admission ^[19]

An alien is admitted if the following conditions are met: ^[20] 

• The alien applied for admission as an “alien” at a port of entry; and

• An immigration officer inspected the applicant for admission as an “alien” and authorized him or her to enter the United States in accordance with the procedures for admission. ^[21] 

An alien who meets these two requirements is admitted, even if the alien obtained the admission by fraud. ^[22] Likewise, the alien is admitted, even if the CBP officer performed a cursory inspection. 

 

Another side note:

I recall that in Singapore, someone bought a ticket just to accompany his wife to the gate to say goodbye, and then turned around and did not actually fly out, and he was arrested for NOT leaving.

 

Yeah I thought there would be legal implications of crossing immigration and then leaving the airport 

[Siwady 7]

4 minutes ago, NikLR said:

Doesn't hurt to ask. I know people do it in Canada but generally at a land border. 

I wish there's a way to call someone and get a definite answer, but this situation is a gamble with the CBP officer.

[Suze1 366]

There is no gamble.....If you go to the airport merely to ask and they agree to allow it, then you know. If they say no, then you know that too, and can make other plans.

Just do it as soon as possible to give you more time for Plans B, C, and D.

Like NikLR said - "Doesn't hurt to ask".

 

Edited February 8, 2020 by Suze1

[NikLR 13,232]

That Singapore issue is different. They don't have pre-clearance as far as I know so the flight was still international and the husband didn't enter the USA.