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

[PJWhitby 17]

Apologies all - I’m so grateful for he responses. I now need to rush as I’m actually flying to the UK (no quarantine issues) where my wife can get to, indirectly, but sooner than to the States. Will need to refresh our COVID stuff there. Thank you so much for the responses - and the sanity check on my initial plan to just go to the US and, I guess, knowingly commit immigration fraud. Thank you so much. You can probably tell but I’m extremely tired and worn out and drained at the moment so apologies if my replies have been a bit disjointed. Thanks again.

[tomatoboy 33]

It would be helpful if you can answer a few questions. Where did you depart from? Hong Kong? Where are you currently? Where is your USC spouse? Where do you intend to enter the US? Where will you live? Folks may be able to help you reroute. 
 

EDIT: Nevermind, sounds like you have a solution you posted as I was typing. 

Edited January 29, 2022 by tomatoboy

[SalishSea 17,829]

52 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. 

When arriving on a CR/IR visa (vs green card), the USC is required to arrive with or before the intending immigrant.  Subsequent arrivals for the green card holder are not subject to the same.

[Boiler 45,488]

Slightly off topic but how do they know? I know the rule but wondered how it was enforced 

[African Zealot 1,455]

What is the rationale for some of these rules? Right now they sound pretty senseless to me however there must be a reason they’re written the way they are.

 

Anyone care to share?

[Steve2022 41]

Airline passengers have certain rights with situations beyond their control.  These rights have been beefed up during the pandemic.  I suggest you ask the airline to reschedule, as they will probably be held accountable anyway if they fly you to the USA without an actionable VISA.  They may reschedule the flight for you for at very low cost or no cost.   I would also call the USCIS directly at your intended entry airport and explain the situation to them and see what they say.   They may accept proof that your spouse is in transit to the USA as good enough. 

[Gabriel5454 19]

Can anyone point to the specific regulation/law that states the US citizen must enter before their foreign spouse?  I understand this is the case for visas when there is a principle immigrant and then derivative immigrants, but the spouse of a USC does not fall into this category (as a "derivative").  

[Timona 4,207]

17 minutes ago, Steve2022 said:

Airline passengers have certain rights with situations beyond their control.  These rights have been beefed up during the pandemic.  I suggest you ask the airline to reschedule, as they will probably be held accountable anyway if they fly you to the USA without an actionable VISA.  They may reschedule the flight for you for at very low cost or no cost.   I would also call the USCIS directly at your intended entry airport and explain the situation to them and see what they say.   They may accept proof that your spouse is in transit to the USA as good enough. 

 

They don't work weekends. 

This is not their fault. You won't get help from them. 

1 minute ago, Gabriel5454 said:

Can anyone point to the specific regulation/law that states the US citizen must enter before their foreign spouse?  I understand this is the case for visas when there is a principle immigrant and then derivative immigrants, but the spouse of a USC does not fall into this category (as a "derivative").  

 

Read IR1 guidelines 

[Gabriel5454 19]

1 minute ago, Timona said:

 

They don't work weekends. 

This is not their fault. You won't get help from them. 

 

Read IR1 guidelines 

I have read the IR1 guidelines carefully, and the USC needs to be resident and have established (or intend to establish) domicile in the US.  That is not the same as saying they need to be in the US at the exact moment the foreign spouse passed through a POE. 

[Steve2022 41]

40 minutes ago, Timona said:

 

They don't work weekends. 

 

ICE certainly does work weekends, but whether they'll take phone calls on the weekend is another story. 

[Timona 4,207]

31 minutes ago, Steve2022 said:

ICE certainly does work weekends, but whether they'll take phone calls on the weekend is another story. 

 

Why would you call ICE? This is a USCIS issue. 

Let's not make a mountain out of an anthill.

[Steve2022 41]

18 minutes ago, Timona said:

 

Why would you call ICE? This is a USCIS issue. 

Let's not make a mountain out of an anthill.

Thought that was the same thing.  Isn't ICE just part of the USCIS?  They're the agents who check your passport and visa at the airport.  But maybe I'm wrong.

 

Also, I can't figure out how to delete a post,   I meant to delete that last reply that you are objecting to, because this isn't worth arguing about.

 

[Boiler 45,488]

3 minutes ago, Steve2022 said:

Thought that was the same thing.  Isn't ICE just part of the USCIS?  They're the agents who check your passport and visa at the airport.  But maybe I'm wrong.

 

Also, I can't figure out how to delete a post,   I meant to delete that last reply that you are objecting to, because this isn't worth arguing about.

 

You have a limited time after posting to edit or delete a post.

[Timona 4,207]

7 minutes ago, Steve2022 said:

Thought that was the same thing.  Isn't ICE just part of the USCIS?  They're the agents who check your passport and visa at the airport.  But maybe I'm wrong. Ahahah that's CBP. ICE and USCIS complement each other. However, their jurisdictions do not overlap 

 

Also, I can't figure out how to delete a post,   I meant to delete that last reply that you are objecting to, because this isn't worth arguing about. Hahahaha you have 10 mins to edit a post. You cannot delete a post entirely after you make it. So what do, if you want to delete, is to edit within that 10 mins, erase everything AND in its place, just write "self delete" and then update your post.

 

Edited January 30, 2022 by Timona

[Redro 4,611]

6 hours ago, Boiler said:

Slightly off topic but how do they know? I know the rule but wondered how it was enforced 

CBP has access to exit and entry dates of the USC. 

There was a story on here where the intending immigrant was asked upon entry where her spouse was... (the answer was at home in LA).

 

I don't think they are super strict about enforcement but it can come back to hurt you in the future.

There is a story somewhere on the forums of someone who entered before the principal applicant and then was denied citizenship when they applied a few years later.

 

 

2 hours ago, Gabriel5454 said:

Can anyone point to the specific regulation/law that states the US citizen must enter before their foreign spouse?  I understand this is the case for visas when there is a principle immigrant and then derivative immigrants, but the spouse of a USC does not fall into this category (as a "derivative").  

Read the I-864 instructions (pg 6 of 17)

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.

https://www.uscis.gov/sites/default/files/document/forms/i-864instr.pdf

(This is under Item number 5. Country of Domicile for sponsor). 

Edited January 30, 2022 by Kor2USA