POE and IR1 visa

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Old Oct 24th 2019, 10:38 am
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Default POE and IR1 visa

Hi all,

My wife and I are currently on the NOA1 stage of our IR-1 visa.

We are both currently living in the UK and have been for a few years, and are filing direct with the London Embassy.

My wife is currently here on a UK spousal visa which expires in July 2020, where we would have to apply for FLR. Now, for many reasons why are chosing not to extend her UK visa obviously, and are hoping for a transition to the US.

Looking at the timelines, there is a risk the US visa process may extend beyond her UK visa end date next year, and she would have to leave the UK. I have also looked about options of asking for an extenaion. However, I have read that she would be required to be with me when we enter the US at the POE with our envelope.

I am hoping that we will not have to worry about this and the US visa progresses quickly, but there is a high chance it may take a while.

Just wondering if anyone has been/is currently in this position?
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Old Oct 24th 2019, 11:42 am
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Default Re: POE and IR1 visa

However, I have read that she would be required to be with me when we enter the US at the POE with our envelope.
She must be either in the US already or accompanying you. If she has already moved back, you have satisfied that requirement.
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Old Oct 24th 2019, 12:44 pm
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Default Re: POE and IR1 visa

If you’ve submitted already, you should be fine. Mine took 5 months start to finish last year. Of course timeline can vary, but I feel you have adequate margin.

as above, as long as your wife is in the U.K. on the day you file, she can leave the following day to live back in the USA.

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Old Oct 24th 2019, 1:47 pm
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Default Re: POE and IR1 visa

Originally Posted by civilservant
She must be either in the US already or accompanying you. If she has already moved back, you have satisfied that requirement.


As noted it is either/or. Either already in the US and living here or accompanies you when you enter.
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