ian-mstm

Can you direct us on whether or not he can enter the US and thereby activate his status as a PR without his wife either accompanying him or entering the US prior to his arrival? It is the understanding of many in this group that he can not enter the US by himself prior to his wife's arrival. IOW, is it true that he can not enter the US if his wife does not return to the US with him or before him? Surely that would pretty much take care of her concern that he will gain an immigration benefit from his marriage to her. I'm guessing she doesn't need to remain in Egypt as long as she doesn't return to the US prior to a finalized divorce! Canada, for example, is very nice this time of year.

Ian

LegalEagle

Sorry for the delay. Busy day.

There is no requirement that the US citizen spouse enter before or at the same time as the foreign national (CR-1) spouse.

If the foreign national has his/her conditional resident status, he/she can come to the US before the US citizen spouse to start to set everything up and get things going. There should be a logical plan though of when the US citizen spouse is coming to establish and solidify residence/life back in the U.S.

meauxna

The foreign national can not have conditional resident status *until* he enters the US. Before that, all he has is a visa (permission to appear and ask for admission).
He can not, according to the Dept of State, enter the US before his USC sponsor/spouse.

http://travel.state.gov/visa/immigra...fo_1328.html#4
If the sponsor establishes U.S. domicile, it is not necessary for the sponsor to go to the United States before the sponsored family members. However, the sponsored immigrant may not enter the United States before the sponsor returns to the United States to live. The sponsored immigrant must travel with the sponsor or after the sponsor has entered the United States.


Folinskyinla has said the same in several posts. Here is one:
http://britishexpats.com/forum/showthread.php?t=297626
"On the I-864, she will have to enter the US with her husband or BEFORE him"

LegalEagle

Ok. You are correct. You know more than me and my immigration colleagues who I collaborated with before giving what we thought was the correct answer. But, we are wrong. So, I would advise this young woman to follow your advice. Yeah! Why did I ever come on here anyway? Bye.

meauxna

?
I don't know who you are or who your colleagues are---care to share?
And from your answer I can't tell if you agree with the info I found or not--care to elaborate?

I do know that I was referred to the concept by a practicing immigration attorney whose opinion I respect and trust and by a post from a layperson who has never done me wrong in the past, in fact, she inspired my interest in the topic. And I haven't yet met you. I'm happy to, though!

ian-mstm

Don't feel bad. I was wrong once... and I found the people here very forgiving. I'm a self-proclaimed sanctimonious prick, so I'm right all the time... even when I'm wrong. You, however, sound like a person who feels threatened when challenged. How sad.

Ian

bionomique

I'm confused. He has a CR-1 visa, but status is not conferred until it the visa is activated. So why can't the OP simply withdraw the petition while still in Egypt?

Noorah101

That's exactly what she's going to try to do. We are just wondering if they will do it at her whim, without any documentation as to "why" she wants to withdraw it. Hopefully it's enough for her to just walk in and say "I changed my mind". Then somehow they have to get the visa out of his passport...or put him on some kind of watch list if he does try to come to the USA on that visa, where they will turn him away at the POE.

Rene

bionomique

Wouldn't she contact USCIS to withdraw it and also copy the Embassy?

Noorah101

She's hoping to go directly to the embassy in Cairo to do it in person, so that it will be revoked before she returns to the USA, so that he can't follow her here.

Rene