Entering US first time without petitioner

[Tracker 0]

Hi, I hope someone here can answer this for me. My visa was approved about a month ago and the category is F2A- child of LPR.

Is it necessary for the petitioner (my dad) to enter the US before or at the same time as me? He's in our home country right now.

Or can I enter the US without him while he's in India. He has some things that came up at the moment and not able to travel right away.

During my visa interview - the visa officer specifically asked questions about his domicile and I had proof with me about intent to re-establish it and he accepted. So I'm thinking they'll probably have notes of that when I'm entering the country as well and it could cause an issue if I try to enter without him.

can someone please offer some insight?

would it cause an issue if i enter without him?

[nastra30 2,284]

43 minutes ago, Tracker said:

Is it necessary for the petitioner (my dad) to enter the US before or at the same time as me? - Yes, Family immigrant visas are meant for family reunification. So if he's not in the US with you it defeats the purpose of the visa.

would it cause an issue if i enter without him? - Yes, see bold comment above.

Having said that there are some nuisances related to this law. For instance, how does the law apply say when the petitioner (domiciled in the US) is on a simple 5 days vacation outside of the US? Do they still need to be present in the US when the beneficiary is at POE in this instance? 

Nonetheless, in your case it seems your dad has been basically domiciled in India (and not the US) for a while so he has to enter first or at the same time as you. 

Edited June 8, 2022 by nastra30

[Dashinka 24,493]

I agree with @nastra30.  The F2A is similar to the IR1/IR2 which requires the petitioner to enter the US prior to or at the same time as the visa holder especially when the petitioner is repatriating.  I seem to remember a story where a USC and their immigrating spouse were coming to the US, but using different routes and the immigrating spouse arrived ahead of the USC spouse due to some route delays.  I believe there was an extended detention at the POE until the USC arrived (I may not be remembering this correctly).

 

Safest thing to do is wait for your father to finish up their business and come to the US together on the same flight.

 

Good Luck!

[arken 4,197]

1 hour ago, Tracker said:

So I'm thinking they'll probably have notes of that when I'm entering the country as well and it could cause an issue if I try to enter without him

Yes they will have notes about your dad's intent to domicile and that will be the first question they'll ask "where's your petitioner?". Travel together or after your dad.

[Mike E 11,739]

This has been covered at length before and per @Chancy ‘s (severely under rated) post all financial sponsors (joint, co, and primary) must be physically in the USA before the beneficiary.  All petitioners are primary financial sponsors, so that the goverment can enforce each I-864.  
 

 

[JeanneAdil 6,498]

1 hour ago, Dashinka said:

I agree with @nastra30.  The F2A is similar to the IR1/IR2 which requires the petitioner to enter the US prior to or at the same time as the visa holder especially when the petitioner is repatriating.  I seem to remember a story where a USC and their immigrating spouse were coming to the US, but using different routes and the immigrating spouse arrived ahead of the USC spouse due to some route delays.  I believe there was an extended detention at the POE until the USC arrived (I may not be remembering this correctly).

 

Safest thing to do is wait for your father to finish up their business and come to the US together on the same flight.

 

Good Luck!

Yes,  the spouse had gone over for the interview with a round trip ticket

and when the visa was issued they bought a ticket and flight was different route and the immigrant got here first

 

OP 

you have to use the visa within 6 months of the medical and u can wait for him

but be aware when u fly out to not do it at the last minute

weather interrupts flights and you need to be here in the US before the expiration date

[SusieQQQ 11,586]

3 hours ago, Tracker said:

Hi, I hope someone here can answer this for me. My visa was approved about a month ago and the category is F2A- child of LPR.

Is it necessary for the petitioner (my dad) to enter the US before or at the same time as me? He's in our home country right now.

Or can I enter the US without him while he's in India. He has some things that came up at the moment and not able to travel right away.

During my visa interview - the visa officer specifically asked questions about his domicile and I had proof with me about intent to re-establish it and he accepted. So I'm thinking they'll probably have notes of that when I'm entering the country as well and it could cause an issue if I try to enter without him.

can someone please offer some insight?

would it cause an issue if i enter without him?

It is always a requirement that the petitioner enter with or before the beneficiary. In your case they clearly had questions about your dad’s actual domicile (implying more than just “some things that came up at the moment”), making me think that if you try to enter first they might actually re-look at the entire case (notify embassy to do so) rather than just telling you to go back and return with him. Conceivably as a consequence, this may also raise questions about your dad’s actual LPR status too. (In other words, they might figure that the only intention of your dad getting a green card was to get you in and he never intended to actually permanently live in the US.) Sounds like skating on thin ice to me.

 

 

 

Edited June 8, 2022 by SusieQQQ

[Tracker 0]

6 hours ago, SusieQQQ said:

It is always a requirement that the petitioner enter with or before the beneficiary. In your case they clearly had questions about your dad’s actual domicile (implying more than just “some things that came up at the moment”), making me think that if you try to enter first they might actually re-look at the entire case (notify embassy to do so) rather than just telling you to go back and return with him. Conceivably as a consequence, this may also raise questions about your dad’s actual LPR status too. (In other words, they might figure that the only intention of your dad getting a green card was to get you in and he never intended to actually permanently live in the US.) Sounds like skating on thin ice to me.

 

 

okay, this is helpful information. will it be okay for me to travel outside of the country though? I'm planning on visiting my sister in Canada and my father won't be accompanying me there. will it be an issue trying to enter back into the US with the temporary green card stamp in my passport?

[Chancy 6,241]

5 minutes ago, Tracker said:

will it be an issue trying to enter back into the US with the temporary green card stamp in my passport?

 

Is your father going to travel with you when you first enter the US with your immigrant visa?  You cannot legally get a temporary I-551 stamp in your passport in the first place without your father moving back to the US with or before you.

 

[Tracker 0]

Just now, Chancy said:

 

Is your father going to travel with you when you first enter the US with your immigrant visa?  You cannot legally get a temporary I-551 stamp in your passport in the first place without your father moving back to the US with or before you.

 

he will be accompanying me when i first enter. but i plan on travelling to canada after that..for which he won't be accompanying me. 

so will it be an issue trying to enter back without him?

or they'll consider my case individually from that point on 

[powerpuff 6,697]

1 minute ago, Tracker said:

so will it be an issue trying to enter back without him?

Not an issue

[Tracker 0]

1 minute ago, powerpuff said:

Not an issue

will they still ask about his domicile and stuff?

[Chancy 6,241]

Just now, Tracker said:

he will be accompanying me when i first enter. but i plan on travelling to canada after that..for which he won't be accompanying me.

 

Only the first US entry matters, as far as your father accompanying you is concerned.  After that, you may leave and re-enter using your temporary I-551 stamp, without your father travelling with you.

 

[powerpuff 6,697]

1 minute ago, Tracker said:

will they still ask about his domicile and stuff?

Again, only an issue on your very first entry. After that it’s a non issue.

[Tracker 0]

1 minute ago, Chancy said:

 

Only the first US entry matters, as far as your father accompanying you is concerned.  After that, you may leave and re-enter using your temporary I-551 stamp, without your father travelling with you.

 

okay that sounds good. i was wondering if they'd still ask proof and stuff about his domicile. will it matter if he travels outside of the US during this time? when i enter again after visiting canada

Edited June 8, 2022 by Tracker