Can spouse go ahead of me on a CR1 if I unexpectedly get a job?

[hctiwsblade13 5]

I am a US-Australian dual citizen. My spouse and I live together in Australia. Spouse is due to receive CR1 visa shortly. The plan was simply for us to move together after he acquired his visa.

There is now a chance that I might get a really good job that keeps me in Australia for a little bit longer (it's a contract, so not an open engagement). I can't, in good conscience, ask my spouse to stay here in Australia and bumble around waiting for me to finish up, when our intention has been for him to start his career in the US.

What I'd love to do is for us to go over to the US together, set up our apartment, and then come back for the job. But unfortunately, Australia's closed borders mean it isn't quite so easy. Can my spouse go over in advance of me to set up our domicile? If I get this job, I intend for the company to list the US city we're moving to as my home base. And the job will be partially produced by an American company. Any ideas on this?

[Lemonslice 4,838]

Delay your spouse medical and interview. 

[Lucky2Lucky 2,526]

Slow down the process. The whole point of this visa is to be living together (err same country). You need to be in the US in order for your spouse to arrive.

[Chancy 6,241]

3 hours ago, hctiwsblade13 said:

Can my spouse go over in advance of me to set up our domicile?

 

No -- as part of the requirement for establishing domicile, the petitioning sponsor must move to the US before or at the same time as the intending immigrant.  From the I-864 FAQs -- https://travel.state.gov/content/travel/en/us-visas/immigrate/i-864-affidavit-faqs.html#aos23

 

"A petitioner who is unable to demonstrate that he or she is domiciled in the United States who wishes to qualify as a sponsor must demonstrate that:

• He or she has either already taken up physical residence in the United States; or
• He or she has taken concrete steps to establish a domicile in the United States and will do so concurrently with the applicant no later than the date of the intending immigrant’s admission.

The sponsor does not have to precede the applicant to the United States but, if he or she does not do so, he or she must arrive in the United States concurrently with the applicant."

 

[pushbrk 12,881]

15 hours ago, hctiwsblade13 said:

I am a US-Australian dual citizen. My spouse and I live together in Australia. Spouse is due to receive CR1 visa shortly. The plan was simply for us to move together after he acquired his visa.

There is now a chance that I might get a really good job that keeps me in Australia for a little bit longer (it's a contract, so not an open engagement). I can't, in good conscience, ask my spouse to stay here in Australia and bumble around waiting for me to finish up, when our intention has been for him to start his career in the US.

What I'd love to do is for us to go over to the US together, set up our apartment, and then come back for the job. But unfortunately, Australia's closed borders mean it isn't quite so easy. Can my spouse go over in advance of me to set up our domicile? If I get this job, I intend for the company to list the US city we're moving to as my home base. And the job will be partially produced by an American company. Any ideas on this?

No, your spouse cannot precede you to enter the USA.  Together or after.  Delaying the issuance of the visa is possible.  Don't get the medical.