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Entering the US with i-130 visa: Does spouse need to be present

Entering the US with i-130 visa: Does spouse need to be present

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Old Oct 15th 2016, 1:51 pm
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Default Entering the US with i-130 visa: Does spouse need to be present

First an overview of the situation:
  • My London embassy interview is sheduled for Nov 23rd
  • I have my new job lined up in San Jose; planning to start Dec 12th
  • My wife's existing job will move from London to San Diego sometime in January. (Makes for a weekly San Diego - San Jose commute, bit of a pain but we'll see how it goes for a year or so.)
  • My wife needs to be in the UK to work during part of December and January.

Does my wife need to come with me when I fly to San Jose in December or could she stay in the UK to January?
From my earlier reading my belief was that she needs to enter the US with me. However, FAQ2 here makes me not so sure:
DCF London - US Immigration Wiki - VisaJourney

If she can stay here until January it saves the the cost of another return flight for her, but we don't want to put the process at risk so she will come for a few days if it makes the process more certain.

Luke
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Old Oct 15th 2016, 2:41 pm
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Default Re: Entering the US with i-130 visa: Does spouse need to be present

If you are entering the USA using your immigrant visa, she needs to be with you.

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Old Oct 15th 2016, 3:01 pm
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Default Re: Entering the US with i-130 visa: Does spouse need to be present

Originally Posted by Noorah101
If you are entering the USA using your immigrant visa, she needs to be with you. ....
.... Or already be in the US.

If your spouse enters with you it is perfectly OK if they remain in the airport and get straight back on the next flight out of the US.

Last edited by Pulaski; Oct 15th 2016 at 3:42 pm.
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Old Oct 15th 2016, 10:12 pm
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Default Re: Entering the US with i-130 visa: Does spouse need to be present

Originally Posted by Luke_A_P
Does my wife need to come with me when I fly to San Jose in December or could she stay in the UK to January?
If you are entering the US with an immigrant visa, she must either be with you or already in the US ahead of you. This is a requirement for the I-864. The USC sponsor must be in the US when the I-864 comes into validity... which happens when you enter the US with your immigrant visa.
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Old Oct 16th 2016, 1:16 am
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Default Re: Entering the US with i-130 visa: Does spouse need to be present

Thanks for the clarification. One extra return to SFO coming up!
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