25 months out of US on CR1 greencard in ROC processing

[Mike E 11,741]

6 minutes ago, goobies said:

I'm very grateful for your responses. 

 

Is there only 1 checkpoint for documents before boarding the 1st flight, or do they check for each connecting flight as well?

IME, each connecting flight can check documents.  As a green card holder, my green card was checked most of time in Frankfurt coming from India on the way to the USA.  
 

At European airports CBP is known to have employees on site to provide guidance.

Edited March 22, 2022 by Mike E

[goobies 79]

1 hour ago, Mike E said:

IME, each connecting flight can check documents.  As a green card holder, my green card was checked most of time in Frankfurt coming from India on the way to the USA.  
 

At European airports CBP is known to have employees on site to provide guidance.

Aha, thanks for the insight. 

 

So that doesn't sound like a good enough bargain to me. 

 

Nairobi is severely backlogged, per their automated response to my email. I'm now in their queue, which could take months. 

 

I'm traveling to UG with our babies in September. 

 

If we go the IR1 route, do you think our not being together for 2+ years will bring a problem? 

[Mike E 11,741]

10 minutes ago, goobies said:

 If we go the IR1 route, do you think our not being together for 2+ years will bring a problem? 

Possibly. If he files for an SB-1 returning resident visa then the logic the embassy uses to deny the SB-1 could be used to deny the IR-1.  Based on timelines reported by VJ members at least one Ugandan was able to fly out of Uganda during the period in question on a US immigration visa.
 

So the embassy might not accept the explanation that the airport only allowed US citizens to fly.  

[goobies 79]

Yes, there were flights after October 2020, but by then, he had been out for so long that he was worried he'd be detained in the airport. 

 

I know, USCIS won't give a damn, but CBP is very intimidating to many people. They have treated him like a criminal every time we have traveled, and sent him to secondary screening each time, as well. Even when he was carrying our 13 month old daughter. So, his anxiety about being detained is through the roof.

[Mike E 11,741]

13 minutes ago, goobies said:

Yes, there were flights after October 2020, but by then, he had been out for so long that he was worried he'd be detained in the airport.

Detained at an airport in Uganda, or USA?

 

13 minutes ago, goobies said:

 

I know, USCIS won't give a damn,

Nor will the Department of State which is more relevant. 

13 minutes ago, goobies said:

 

but CBP is very intimidating to many people. They have treated him like a criminal every time we have traveled, and sent him to secondary screening each time, as well. Even when he was carrying our 13 month old daughter. So, his anxiety about being detained is through the roof.

I’m sympathetic, and I’ve had my share of conflict with CBP.  And what I’ve done after each encounter is reviewed what happened.  In retrospect sometimes I could have done something different and sometimes it was clear  CBP was out right lying or being a bully.
 

If he was concerned about being denied entry into the USA, a few hours of study would have revealed that is not a concern.  

 

So I don’t think the State department will be sympathetic.  He could have traveled to the USA in 2020.  Deferring that travel because of anxiety about being given a tough secondary isn’t going to convince the embassy.  
 

If you decide on the IR-1 route you will have to figure out how to  live with or frequently meet with your husband, especially as the world enters another round pandemic restrictions on travel.   

 

 

 

[Ryan H 3,818]

~~Thread locked, discussion continues in thread linked below.~~

 

https://www.visajourney.com/forums/topic/793493-i-751-denied-can-we-apply-for-ir-1/