Emergency: spouse denied on flight, can I immigrate before she arrives?

[PJWhitby 17]

Hi all - apologies for the hyperbole, but it’s a bit of an emergency. I know the idea is that IR1 visa holders have to come to the US with or after the USC spouse. However, my wife and I are currently in transit and she has missed her flight (we’re travelling separately). This means I will arrive in the US before her. Can I still go through immigration etc pending her arrival? Sorry for the urgency but I’m actually sat in an airport right now, not knowing what to do. This is a bit of nightmare. Any help would be greatly appreciated.

[JeanneAdil 6,510]

1. The USC is suppose to be in US or travel with spouse
2. are u the USC?

[PJWhitby 17]

Apologies - I wasn’t clear: my wife is the USC hence the emergency! I’m in an airport having to decide whether to miss my flight on purpose so my USC wife can ‘catch up’ and arrive in the US ahead of my (the intending immigrant). The issue is not having a refundable flight ($$$), I’m in transit (so not say ‘at home’) and my wife may be delayed for a significant period of time (days).

Edited January 29, 2022 by PJWhitby
Clarity

[arken 4,197]

32 minutes ago, PJWhitby said:

Can I still go through immigration etc pending her arrival?

No.

 

14 minutes ago, PJWhitby said:

and my wife may be delayed for a significant period of time (days).

Best is to fly in only after your usc wife lands in the US or travel together. Not worth risking it. You could be placed in detention at the US immigration and sent back on the next flight at your own cost.

Edited January 29, 2022 by arken

[PJWhitby 17]

Thank you. This is heart-breaking. Not sure how I’m going to be able to stay ‘in transit’ in this foreign country for a few days. I can’t fly ‘home’ since that means weeks of quarantine. I can’t leave the transit area of the place I am (quarantine requirements also). I can’t believe we’ve messed this up so badly.

[Adventine 3,196]

Sorry this is happening to you. 

 

Do you have travel insurance to at least offset some of the costs?

 

Worst case scenario, you'll travel back home (I assume to Hong Kong), deal with the quarantine, then travel to the US in a few weeks.

[PJWhitby 17]

Thank you. My IR1 expires in three weeks. That is my own fault (well, not wholly, but same-same). I’m utterly devastated. 

[Timona 4,207]

How did she miss the flight if you guys were together?

 

If I were you, I would go talk to the airline supervisor/ manager at the airport and explain. Tell them that though you wish to be on this flight, you cannot join because of the nature of your visa. Tell them when exactly your wife will catch up or when she will be atleast ahead of you in another flight (supposes he opts for another airline). I believe the airline will work with you. There is always at least one seat empty in an international flight.

 

With the above statement, you help yourself three ways:

1. You do not have to pay reschedule fees.
2. You wife catches up
3. If your luggage was already board on the earlier leg, the manager will communicate and have it held for you at the final destination.

In those airports, you can stay there for more than 24 hours while on transit. Just sit next to your departure lounge or go walk around BUT do not leave the terminal. My mom had a similar story in Dubai in 2020. She missed her connection flight because she was sleeping at the original gate but unsurprisingly, the gates were changed while she was in siesta. We had to pay reschedule on her part because it was not the airline's fault. However, she stayed at the terminal for 24 hours till the next flight. That is what I was telling you.

 

You do not have to go back to HK. 

Edited January 29, 2022 by Timona

[Adventine 3,196]

@Timona from what I understood, OP and wife came from two separate airports. They planned to arrive in the US together but the USC wife missed the first leg of her flight.

 

I hope it's possible for OP to follow your suggestion. They mentioned "wife may be delayed for a significant period of time (days)."

[PJWhitby 17]

Thank you. We were travelling separately since she had a work trip and decided to fly onwards to NY from there. My route was different. Where she is has very infrequent flights to the US. Thank you for the ideas re: saving the money.

 

You know, the more I see if this COVID pandemic, the less I care for it… 😔

[Timona 4,207]

5 minutes ago, Adventine said:

@Timona from what I understood, OP and wife came from two separate airports. They planned to arrive in the US together but the USC wife missed the first leg of her flight.

 

I hope it's possible for OP to follow your suggestion. They mentioned "wife may be delayed for a significant period of time (days)."

 

Oooo thanks..

 

5 minutes ago, PJWhitby said:

Thank you. We were travelling separately since she had a work trip and decided to fly onwards to NY from there. My route was different. Where she is has very infrequent flights to the US. Thank you for the ideas re: saving the money.

 

You know, the more I see if this COVID pandemic, the less I care for it… 😔

 

Do you want to tell me that she cannot get a flight from the area where she is within the next 24 hours? Or that airline does not depart that airport every 24/ 48 hours atleast? What airport is she flying from? We can help look around. 

 

All being said, you need to talk to that supervisor before you are marked as "No show."

Edited January 29, 2022 by Timona

[Mike E 11,739]

15 minutes ago, PJWhitby said:

Thank you. We were travelling separately since she had a work trip and decided to fly onwards to NY from there. My route was different. Where she is has very infrequent flights to the US. Thank you for the ideas re: saving the money.

 

You know, the more I see if this COVID pandemic, the less I care for it… 😔

At this moment now:

 

* where are you?

 

* where is she?

[mari04 100]

I was flying on separate flights with my wife and got stuck in Germany on the way. She had no problem going through passport control. 

[Timona 4,207]

18 minutes ago, Mike E said:

At this moment now:

 

* where are you?

 

* where is she?

 

I asked him this too. I am good at searching flights. Hopefully, he answers.

I am sure we can get his wife a fight within 24 hours. If he talks to the supervisor on his side, that should buy him enough time for free reschedule. Unless there is more to this story as to why it takes "days" to get another flight. 

4 minutes ago, mari04 said:

I was flying on separate flights with my wife and got stuck in Germany on the way. She had no problem going through passport control. 

 

Was your wife a GC holder at that time?

[Verrou 1,962]

If the USC flight is to go to east coast, we are currently experience snow storm right now probably that’s why it’s harder to find flight now. I read something about NY from OP’s post 

Edited January 29, 2022 by Misscloud