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I want to make sure that I interpret this rule correctly: "If arriving for the first time after the J-1, the J-2 dependents should present copies of the J-1’s passport biographical page, DS-2019, visa, and passport entry stamp as evidence that he/she has already arrived. After initial entry, J-2 dependents may travel independently of the J-1 or remain in the United States while the J-1 travels as long as J-1’s absence is brief and temporary, and everyone is maintaining status." So it seems to be pretty clear that if both J-1 and J-2 go for a short vacation abroad, and then J-2 comes back a day earlier, it should be no problem with reentering the US, even though at the very moment the J-1 is not in the US. (Of course, it is not allowed for the initial entry of the J-2, but I am thinking of reentering only) ?

I am asking this question because I (J-1) and my wife (J-2) experienced once an unpleasant situation. We were both coming back to the US from a short vacation on the same day, but because of seat availability we took different flights and she arrived in the US 1h earlier. I had called US Customs and Border Protection (CBP) in the port of entry and they confirmed she would not have any problem reenter even if I am not yet there. A CBP representative asked if she had already entered for the first time in J-2 status before, and when I confirmed that, he said: "She is good to go". However, at the airport, she was asked 100 times why I am not with her and a CBP officer asked another officer if he had ever encountered such a situation. Both officers didn't know what to do, and the CBP officer called his supervisor. Then she eventually got admitted. Did it happen only because it is unusual, and the officers simply didn't know?

Filed: Citizen (apr) Country: Ecuador
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Posted
On 3/5/2022 at 3:42 PM, konrad89 said:

Both officers didn't know what to do

It sounds as though this was it, and that the supervisor straightened them out.

 

It was great that you'd called ahead to CBP at the POE; it might have resolved the situation far earlier and less stressfully if your wife had been able to provide the name of the agent with whom you'd spoken.

 

CBP agents see "a lot of weird stuff," as several have mentioned to me over the years.

06-04-2007 = TSC stamps postal return-receipt for I-129f.

06-11-2007 = NOA1 date (unknown to me).

07-20-2007 = Phoned Immigration Officer; got WAC#; where's NOA1?

09-25-2007 = Touch (first-ever).

09-28-2007 = NOA1, 23 days after their 45-day promise to send it (grrrr).

10-20 & 11-14-2007 = Phoned ImmOffs; "still pending."

12-11-2007 = 180 days; file is "between workstations, may be early Jan."; touches 12/11 & 12/12.

12-18-2007 = Call; file is with Division 9 ofcr. (bckgrnd check); e-prompt to shake it; touch.

12-19-2007 = NOA2 by e-mail & web, dated 12-18-07 (187 days; 201 per VJ); in mail 12/24/07.

01-09-2008 = File from USCIS to NVC, 1-4-08; NVC creates file, 1/15/08; to consulate 1/16/08.

01-23-2008 = Consulate gets file; outdated Packet 4 mailed to fiancee 1/27/08; rec'd 3/3/08.

04-29-2008 = Fiancee's 4-min. consular interview, 8:30 a.m.; much evidence brought but not allowed to be presented (consul: "More proof! Second interview! Bring your fiance!").

05-05-2008 = Infuriating $12 call to non-English-speaking consulate appointment-setter.

05-06-2008 = Better $12 call to English-speaker; "joint" interview date 6/30/08 (my selection).

06-30-2008 = Stokes Interrogations w/Ecuadorian (not USC); "wait 2 weeks; we'll mail her."

07-2008 = Daily calls to DOS: "currently processing"; 8/05 = Phoned consulate, got Section Chief; wrote him.

08-07-08 = E-mail from consulate, promising to issue visa "as soon as we get her passport" (on 8/12, per DHL).

08-27-08 = Phoned consulate (they "couldn't find" our file); visa DHL'd 8/28; in hand 9/1; through POE on 10/9 with NO hassles(!).

 
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