USC must be in USA at the time of entry on the visa? Why?

[Red169 12]

Hi,

 

I've been reading that it is important for the spouse of a USC to enter the US with their immigrant visa only if their USC either comes with them into the country or they already are in the country. Why is that? 

 

Are there any other rules such as this one that aren't that well known? Thanks.

[Kuchiki 170]

1 hour ago, Karina7 said:

Hi,

 

I've been reading that it is important for the spouse of a USC to enter the US with their immigrant visa only if their USC either comes with them into the country or they already are in the country. Why is that? 

 

Are there any other rules such as this one that aren't that well known? Thanks.

How else do you expect the spouse of a USC to enter the States? On a visit/tourist visa? Highly doubt if that would be issued since the spouse has an immigrant intent. Hence why apply for a spousal visa/IR1. With that visa it does not matter if you enter States with or without your spouse. 

[Red169 12]

7 minutes ago, Kuchiki said:

How else do you expect the spouse of a USC to enter the States? On a visit/tourist visa? Highly doubt if that would be issued since the spouse has an immigrant intent. Hence why apply for a spousal visa/IR1. With that visa it does not matter if you enter States with or without your spouse. 

I think you misunderstood my post.

 

There are people here on VJ saying that you cannot enter the US on a CR1/IR1 or K1 if your USC/Pet is not *physically* in the US.

I'm asking why is this rule is as such, and you're saying one can enter on an immigrant visa regardless of where the USC/Pet is. Now do you see how this adds to my confusion? Maybe someone here knows the answer?

 

My post wasn't about entering the US on a tourist visa, so, kindly, read it again. Thanks.

[Lil bear 4,189]

1 hour ago, Karina7 said:

Hi,

 

I've been reading that it is important for the spouse of a USC to enter the US with their immigrant visa only if their USC either comes with them into the country or they already are in the country. Why is that? 

 

Are there any other rules such as this one that aren't that well known? Thanks.

Family based immigrant visas are for family reunification. Unless the petitioner (USC or LPR) is already residing in the US, an immigrant visa to reunite the family members in the US is pointless. Hence if the USC/LPR is residing overseas they must either return to the US and establish domicile prior to the beneficiary enterjng on their immigrant visa, or demonstrate to the interviewing officer that they will be establishing domicile when they enter with the immigrating spouse. Some consulates require the first option… eg Montreal.. others allow the second option 

[Red169 12]

1 minute ago, Lil bear said:

Family based immigrant visas are for family reunification. Unless the petitioner (USC or LPR) is already residing in the US, an immigrant visa to reunite the family members in the US is pointless. Hence if the USC/LPR is residing overseas they must either return to the US and establish domicile prior to the beneficiary enterjng on their immigrant visa, or demonstrate to the interviewing officer that they will be establishing domicile when they enter with the immigrating spouse. Some consulates require the first option… eg Montreal.. others allow the second option 

This makes sense. Thank you!

[Rocio0010 5,579]

Just now, Karina7 said:

This makes sense. Thank you!

There was a post not long ago whereby the petitioner (USC) and the beneficiary where both flying into the US at the same day and time, only from different routes. Unfortunately the beneficiary arrived a few hours earlier than the petitioner, and they were not allowed inside. I will see if I can find it.

[Red169 12]

1 minute ago, Rocio0010 said:

There was a post not long ago whereby the petitioner (USC) and the beneficiary where both flying into the US at the same day and time, only from different routes. Unfortunately the beneficiary arrived a few hours earlier than the petitioner, and they were not allowed inside. I will see if I can find it.

That would be fantastic, how helpful! Thank you.

[Crazy Cat 41,836]

29 minutes ago, Rocio0010 said:

There was a post not long ago whereby the petitioner (USC) and the beneficiary where both flying into the US at the same day and time, only from different routes. Unfortunately the beneficiary arrived a few hours earlier than the petitioner, and they were not allowed inside. I will see if I can find it.

I missed that one.  I would also be interested in reading it.  Thanks.  

[Rocio0010 5,579]

49 minutes ago, Crazy Cat said:

I missed that one.  I would also be interested in reading it.  Thanks.  

If I recall it correctly, either the petitioner or beneficiary were coming from Hong Kong. I will see if I can find it later when I get home. 

[Rocio0010 5,579]

For some reason, I am trying to find it but I can't. Maybe I do not recall it correctly, but I believe it was around 2-3 months ago, with a beneficiary that had to take a leg of the flight back to wait it out until petitioner made it to the US. Maybe, like I said, I have the details wrong. It was a rather lengthy thread! Can somebody help?!

[carmel34 3,621]

26 minutes ago, Rocio0010 said:

For some reason, I am trying to find it but I can't. Maybe I do not recall it correctly, but I believe it was around 2-3 months ago, with a beneficiary that had to take a leg of the flight back to wait it out until petitioner made it to the US. Maybe, like I said, I have the details wrong. It was a rather lengthy thread! Can somebody help?!

Here is the thread, from January:

 

[Rocio0010 5,579]

2 minutes ago, carmel34 said:

Here is the thread, from January:

 

Thank you so much! This thread should be pinned so that people see what can happen!

@Crazy Cat looks like you didn't miss it!

[Crazy Cat 41,836]

2 minutes ago, Rocio0010 said:

Thank you so much! This thread should be pinned so that people see what can happen!

@Crazy Cat looks like you didn't miss it!

Yep.  "Forgot" is the word I should have used...LOL.  Thanks.

[Mike E 11,739]

 is an interesting post from an interesting thread 

[Redro 4,611]

47 minutes ago, Rocio0010 said:

For some reason, I am trying to find it but I can't. Maybe I do not recall it correctly, but I believe it was around 2-3 months ago, with a beneficiary that had to take a leg of the flight back to wait it out until petitioner made it to the US. Maybe, like I said, I have the details wrong. It was a rather lengthy thread! Can somebody help?!

They managed to fly in to the US together... no one was denied entry BUT

There have been cases where an immigrant was denied citizenship because they entered the US before the primary applicant/ petitioner... 

I'm sure there is a rule on USCIS somewhere... will see if I can find it tomorrow.