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

[powerpuff 6,697]

~~ Topic moved from K3 forum to General immigration discussion as this is a general question about immigration ~~

[Rocio0010 5,579]

4 minutes ago, ROK2USA said:

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... 

thanks. I think I mixed the cases but the bottom message is no, don’t do it

[Redro 4,611]

Found the rule:

When You Have Your Immigrant Visa - What You Should Know

 

If you are issued an immigrant visa, the consular officer will give you your passport containing the immigrant visa and a sealed packet containing the documents which you provided. It is important that you do not open the sealed packet. Only the U.S. immigration official should open this packet when you enter the United States. You are required to enter the United States before the expiration date printed on your visa. When traveling, the primary (or principal) applicant must enter the United States before or at the same time as family members holding visas. 

 

https://travel.state.gov/content/travel/en/us-visas/immigrate/family-immigration/immigrant-visa-for-spouse.html

 

This relates to primary applicant not the petitioner... but because the petitioner is supposed to be domiciled in the US. We can assume the same rule applies and petitioner should enter the US before or at the same time as the primary applicant. 

Edited April 18, 2022 by ROK2USA

[Red169 12]

1 minute ago, ROK2USA said:

Found the rule:

When You Have Your Immigrant Visa - What You Should Know

 

If you are issued an immigrant visa, the consular officer will give you your passport containing the immigrant visa and a sealed packet containing the documents which you provided. It is important that you do not open the sealed packet. Only the U.S. immigration official should open this packet when you enter the United States. You are required to enter the United States before the expiration date printed on your visa. When traveling, the primary (or principal) applicant must enter the United States before or at the same time as family members holding visas. 

 

https://travel.state.gov/content/travel/en/us-visas/immigrate/family-immigration/immigrant-visa-for-spouse.html

Great stuff! Thank you so much for this! Thanks everyone for your replies and help! Much appreciated. ❤️

[Redro 4,611]

I think this is the post @Rocio0010 referenced: 

 

Edited April 18, 2022 by ROK2USA

[Kuchiki 170]

3 hours ago, Karina7 said:

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.

Probably this rule is set to establish the domicile of the petitioner. Hence why you need to enter the US either with your petitioner at the same time or he needs to be already there before you can enter. 

[dwheels76 5,468]

3 hours ago, ROK2USA said:

Found the rule:

When You Have Your Immigrant Visa - What You Should Know

 

If you are issued an immigrant visa, the consular officer will give you your passport containing the immigrant visa and a sealed packet containing the documents which you provided. It is important that you do not open the sealed packet. Only the U.S. immigration official should open this packet when you enter the United States. You are required to enter the United States before the expiration date printed on your visa. When traveling, the primary (or principal) applicant must enter the United States before or at the same time as family members holding visas. 

 

https://travel.state.gov/content/travel/en/us-visas/immigrate/family-immigration/immigrant-visa-for-spouse.html

 

This relates to primary applicant not the petitioner... but because the petitioner is supposed to be domiciled in the US. We can assume the same rule applies and petitioner should enter the US before or at the same time as the primary applicant. 

No more brown envelope. It's all electronic now.

[Cathi 5,746]

9 hours 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.

Because it's a family reunification visa. Did you not know that?

[Red169 12]

2 minutes ago, Cathi said:

Because it's a family reunification visa. Did you not know that?

It is a family reunification visa, of course, and I appreciate your rhetorical question! 

I don't see the harm in trying to understand the thought process that USCIS/lawmakers had when they created this rule, Cathi😁 Have a lovely day!

[Redro 4,611]

6 hours ago, dwheels76 said:

No more brown envelope. It's all electronic now.

I didn't have to include the first part of the paragraph. Just copy/pasted from the travel.state.gov website. 

I am aware some of their instructions are a little outdated. 

Edited April 19, 2022 by ROK2USA

[*Snowdrop* 604]

It's to prevent misuse of the spousal visa (or any of the family reunification visas) - it is in place to prevent US citizens 'selling' or giving access to the USA when they have no intent of returning their themselves. 

[Red169 12]

6 minutes ago, *Snowdrop* said:

It's to prevent misuse of the spousal visa (or any of the family reunification visas) - it is in place to prevent US citizens 'selling' or giving access to the USA when they have no intent of returning their themselves. 

Interesting stuff! Many thanks! 😁

[Chancy 6,241]

On 4/18/2022 at 5:30 AM, Karina7 said:

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?

 

The actual rule is that the financial sponsor must establish domicile in the US no later than the immigrant's admission to the US.  For CR1/IR1 cases, the USC spouse is always the primary financial sponsor, so that rule applies.  While family reunification is all well and good, that's not the main reason for that rule.  The real reason is so the US government can enforce the terms of the I-864 affidavit of support from day 1, if it ever needs to.  That is, if the immigrant becomes a public charge, the federal government (or any state, local agency, or private entity that provides a means-tested public benefit) can sue the sponsor for reimbursement of expenses.  To be able to do that, the sponsor must be in the jurisdiction of any US federal or state court.

 

The requirement is actually in US immigration law.  From INA 213A, under "Determination of domicile" -- https://www.ecfr.gov/current/title-8/chapter-I/subchapter-B/part-213a

Quote

The intending immigrant will be inadmissible under section 212(a)(4) of the Act, and the immigration officer or immigration judge must deny the intending immigrant's application for admission or adjustment of status, if the sponsor has not, in fact, established a domicile in the United States on or before the date of the decision on the principal intending immigrant's application for admission or adjustment of status. In the case of a sponsor who comes to the United States intending to establish his or her principal residence in the United States at the same time as the principal intending immigrant's arrival and application for admission at a port-of-entry, the sponsor shall be deemed to have established a domicile in the United States for purposes of this paragraph, [...]

 

Under section 1183a: Requirements for sponsor's affidavit of support -- https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1183a&num=0&edition=prelim

Quote

[...] the sponsor agrees to submit to the jurisdiction of any Federal or State court for the purpose of actions brought under subsection (b)(2).

 

The rule is also communicated to the public through the Department of State's website, in the I-864 FAQs and the DOS Foreign Affairs Manual --

• https://travel.state.gov/content/travel/en/us-visas/immigrate/the-immigrant-visa-process/step-1-submit-a-petition/i-864-affidavit-faqs.html#aos23
• 9 FAM 601.14-7 re: Domicile -- https://fam.state.gov/fam/09FAM/09FAM060114.html

Quote

The sponsor does not have to precede the applicant to the United States but, if he or she does not do so, he or she must at least arrive in the United States concurrently with the applicant;

 

Note that in any of the official sources above, there is no mention of family reunification.  Sorry to burst everyone's bubble 😆

 

[Red169 12]

1 minute ago, Chancy said:

 

The actual rule is that the financial sponsor must establish domicile in the US no later than the immigrant's admission to the US.  For CR1/IR1 cases, the USC spouse is always the primary financial sponsor, so that rule applies.  While family reunification is all well and good, that's not the main reason for that rule.  The real reason is so the US government can enforce the terms of the I-864 affidavit of support from day 1, if it ever needs to.  That is, if the immigrant becomes a public charge, the federal government (or any state, local agency, or private entity that provides a means-tested public benefit) can sue the sponsor for reimbursement of expenses.  To be able to do that, the sponsor must be in the jurisdiction of any US federal or state court.

 

The requirement is actually in US immigration law.  From INA 213A, under "Determination of domicile" -- https://www.ecfr.gov/current/title-8/chapter-I/subchapter-B/part-213a

 

Under section 1183a: Requirements for sponsor's affidavit of support -- https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1183a&num=0&edition=prelim

 

The rule is also communicated to the public through the Department of State's website, in the I-864 FAQs and the DOS Foreign Affairs Manual --

• https://travel.state.gov/content/travel/en/us-visas/immigrate/the-immigrant-visa-process/step-1-submit-a-petition/i-864-affidavit-faqs.html#aos23
• 9 FAM 601.14-7 re: Domicile -- https://fam.state.gov/fam/09FAM/09FAM060114.html

 

Note that in any of the official sources above, there is no mention of family reunification.  Sorry to burst everyone's bubble 😆

 

This is the type of information I was looking for! Amazing work! Thanks lots 😁