Point of Entry and Domicile

[jarj 13]

 

Hello,

I’m seeking advice regarding my mom’s immigration situation. Here’s a brief overview:

• Current Status: My mom’s IR5 visa is pending approval, and she needs to enter the US by the end of October.

• Situation: I’m the spouse of an active duty military member, and I am the petitioner. We are currently stationed overseas.

Given our circumstances, I’m wondering if it is possible for my mom to enter the US and then travel outside the US within a day or a few days to join us at our current overseas location. If not feasible, the other option is to have her stay with a distant relative.

***to make things more complicated and just for additional information that might be relevant to the situation, we are starting the process of adding my mom as a secondary dependent of my spouse. This is to have her added to the orders and be with us in the US or overseas. But for the meantime, I wanted to get any insights regarding the above situation while the dependency application is pending***

Any insights or advice on this matter would be greatly appreciated.

Thank you!

[Dashinka 24,487]

The IR5 has not been approved yet?  Technically yes, she can enter the US with the IR5 and leave shortly after as her endorsed visa will serve as her temporary GC until her actual card arrives.  What I am not sure about is for visas like an IR1/CR1, the USC petitioner is required to enter the US prior to or at the same time as the beneficiary, I am not sure if that is the case for an IR5 (maybe others know better).  

 

Good Luck!

[Crazy Cat 41,823]

2 hours ago, Dashinka said:

I am not sure if that is the case for an IR5 (maybe others know better).  

My understanding is that the petitioner must enter either before or with the beneficiary for all immigrant visas.

 

Entry on an Immigrant Visa - U.S. Embassy & Consulates in the United Kingdom (usembassy.gov)

 

"You may not enter the United States to take up residence ahead of the U.S. Citizen petitioner."

Edited September 11 by Crazy Cat

[Dashinka 24,487]

32 minutes ago, Crazy Cat said:

My understanding is that the petitioner must enter either before or with the beneficiary for all immigrant visas.

 

Entry on an Immigrant Visa - U.S. Embassy & Consulates in the United Kingdom (usembassy.gov)

 

"You may not enter the United States to take up residence ahead of the U.S. Citizen petitioner."

Makes sense, I just wasn't sure with an IR5.  So the OP will need to make those arrangements.

 

Thanks.