potfish

I am the proud holder of a CR-1 immigrant visa via marriage to a US citizen. It was issued in June and we plan to move over in November (my wife and I currently live in the UK), but my company might require me to travel to the US on business in the meantime.

I believe that I am not permitted to immigrate into the US before my wife, so I am wondering if my business trip could be done as a visit rather than immigration, then we stick to our November plan? (I have visited before and have an ESTA)

The only alternative I can see is that my wife join me on my business trip and we trigger the immigration, but obviously that will cost money we'd prefer to use for other things, as well as having some tax implications due to me becoming a US resident sooner than planned etc.

Refusing to do the business trip is possible but a last resort.

Any advice?

ian-mstm

Correct. Your USC wife must accompany or precede you.


That's a really good question. My gut reaction is that you'll probably be able to do it since it's obvious (?) you can't use the IV if you enter alone. It might be helpful to have written confirmation of the trip from your employer with a specific date for return and an itinerary for the duration.

Hopefully, others will be along shortly to offer something more.

Ian

rpjs

I was in a similar position last year although my proposed work trip wasn't vital. I looked around BE and elsewhere and couldn't find a definitive answer bu the consensus seemed to be it'd probably be at the CBP officer's discretion. In the end I decided not to risk complicating things unnecessarily.

Noorah101

Interesting. In the OP's scenario, there's NO way he can immigrate on this trip to the USA, as his USC wife will not be with him. So I guess the two choices the POE officer would have would be 1) Allow entry on the VWP; or 2) refuse entry and send him back home.

Rene

rpjs

Sorry, should have clarified that entry under the VWP would be at the officer's discretion. I agree that neither myself nor the OP could have been admitted as an immigrant under this scenario.

potfish

Thanks for the responses. I'm not keen on flying all that way with a greater than normal risk of being turned back, so I'll try calling the premium rate helpline to see if they know. I'll wait and see if I definitely need to make the trip first though.

Noorah101

Even if you call the premium rate helpline, don't take anything they tell you as absolute truth, either. It's just a call center and they may not know the "real" answer. And if you travel based on their advice and get turned away, they are not held responsible.

Rene

potfish

I can see why rpjs decided not to risk it!

Apfelkuchen

You could also e-mail CBP Info (via the ESTA website) and ask whether entry under the VWP is in principle possible in your situation. The same caveats about the possibility of being turned down at the PoE anyway still apply, of course, but it would be cheaper than phoning a premium rate helpline.

They don't respond all that quickly (when I e-mailed with a query I got a response about a week later) but perhaps you have time.

potfish

From the ESTA website:

Seems to suggest that I should be able to travel on my ESTA rather than my CR-1. I have emailed them to ask for my specific circumstances and I'll update here if I receive a reply.

potfish

I just received a response:
Actually, my wife should be travelling with me on this trip now, so I'll take the do-not-open envelope and if there's a problem entering under VWP we'll just immigrate.

John Manley

Where did you get this information from? CR-1 is not a derivative or accompanying to join category where you have to follow the main beneficiary. I do not see any such requirement in 8 CFR(235.11) or the IFM.


[/QUOTE] so I am wondering if my business trip could be done as a visit rather than immigration, then we stick to our November plan?

Any advice? [/QUOTE]

If you are planning on moving to the U.S. in 3 months or less, why not enter on the CR-1? You can be out of the U.S. on temporary trips as an LPR. CBP looks at your intent for each of these trips. You go back temporarily, you wrap up your affairs, and move to the U.S. That does not sound like an LPR abandonment issue to me.

ian-mstm

Is this not an I-864 requirement - that the sponsor must be resident in the US when the I-864 comes into effect?

Ian

John Manley

OP is discussing his first entry after the immigrant visa interview, not the I-864. The I-864 requires the Petitioner to be domiciled (or re-estabish her domicile) in the U.S. Given that the I-864 has been submitted and approved already and the CR-1 issued, the U.S. citizen petitioner has satisfied this requirement already.

Noorah101

Interesting. This is the first time I'm hearing this. Up until now, it's always been said around here that the Immigrant cannot enter the USA ahead of the USC spouse. They either need to enter the USA at the same time, or the USC needs to enter the USA ahead of the Immigrant.

The I-864 has been "accepted" and the Immigrant Visa has been issued....but the I-864 won't come into effect until the Immigrant enters the USA, right? And at THAT moment, the USC needs to be resident in the USA, isn't that correct? If the USC spouse is still overseas, then they aren't resident in the USA....they only established "intent" to be domiciled in the USA.

Rene