Travel to the US after visa issued
May 20th 2018, 10:00 pm
#1
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Travel to the US after visa issued
Hi all,
I'm a member of an expats Facebook group and someone just posted asking if the UKC CR-1 (or IR-1) applicant can travel to the US before the USC spouse (she needs to stay in the UK for an extra 5 weeks as their child is in school in the UK). I was always under the impression that the USC had to travel with or before the UKC, but the replies given on the Facebook group are offering differing answers.
I wanted to ask on here before offering my 2 cents worth.
Thanks, Sean
I'm a member of an expats Facebook group and someone just posted asking if the UKC CR-1 (or IR-1) applicant can travel to the US before the USC spouse (she needs to stay in the UK for an extra 5 weeks as their child is in school in the UK). I was always under the impression that the USC had to travel with or before the UKC, but the replies given on the Facebook group are offering differing answers.
I wanted to ask on here before offering my 2 cents worth.
Thanks, Sean
May 20th 2018, 10:27 pm
#2
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Re: Travel to the US after visa issued
No. The USC spouse must either enter prior to or at the same time as the foreign spouse. This is to meet the I-864 requirements.
The foreign spouse could visit the USA on the VWP ahead of time, if needed, even with an immigrant visa in their passport.
Rene
The foreign spouse could visit the USA on the VWP ahead of time, if needed, even with an immigrant visa in their passport.
Rene
May 20th 2018, 11:24 pm
#4
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Re: Travel to the US after visa issued
The visa is valid for entry any time up to 6 months after the medical. If it's just a matter of waiting 5 weeks for school to finish then they can all travel together then. Or the UKC parent waits with the child whilst the USC spouse comes here to set up a home etc for them.
May 20th 2018, 11:30 pm
#5
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Re: Travel to the US after visa issued
Thank you all. That's what I thought.
Tom, thankfully I completed the process last year so I'm 'safely' in the US already. The Facebook group I'm part of is just for general info and advice. Hence why I came here for the correct info!
Rene, could you point me in the direction of where it says this? I looked on the I-864 docs I have but couldn't find it. I know I read it somewhere though!
Thank you
Tom, thankfully I completed the process last year so I'm 'safely' in the US already. The Facebook group I'm part of is just for general info and advice. Hence why I came here for the correct info!
Rene, could you point me in the direction of where it says this? I looked on the I-864 docs I have but couldn't find it. I know I read it somewhere though!
Thank you
May 20th 2018, 11:34 pm
#6
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Re: Travel to the US after visa issued
The visa is valid for entry any time up to 6 months after the medical. If it's just a matter of waiting 5 weeks for school to finish then they can all travel together then. Or the UKC parent waits with the child whilst the USC spouse comes here to set up a home etc for them.
May 21st 2018, 2:52 am
#7
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Re: Travel to the US after visa issued
Rene
May 23rd 2018, 4:39 pm
#8
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Re: Travel to the US after visa issued
I dont have a link handy, but imagine it would be in the I-864 instructions or the I-864 page at www.uscis.gov. it started somewhere that in order for the I-864 to come into effect, the USC must be domiciled in the USA. London allows you to show "intent to domicile" in order to get the visa, but at the end, the USC must be in the USA before the foreign spouse.
Rene
Rene
May 23rd 2018, 5:19 pm
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May 23rd 2018, 7:30 pm
#10
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Re: Travel to the US after visa issued
Thanks for everyone's input.
I found this paragraph in the I-864 Instructions:
"Specific Requirements
Who Completes and Signs Form I-864?
A sponsor completes and signs Form I-864. A sponsor is required to be at least 18 years of age and domiciled in the United States"
Also in the Instructions:
"Part 3 Item Number 5. Country of Domicile.
If you are not currently living in the United States, you may meet the
domicile requirement if you can submit evidence to establish that any of the following conditions apply:
1. You are employed by a certain organization...
2. You are living abroad temporarily...
If you are not currently living in the United States, you must provide proof that your trip abroad is temporary and that
you have maintained your domicile in the United States.
3. You intend in good faith to reestablish your domicile in the United States no later than the date of the intending
immigrant’s admission or adjustment of status."
Just for future reference, in case anyone else asks.
I found this paragraph in the I-864 Instructions:
"Specific Requirements
Who Completes and Signs Form I-864?
A sponsor completes and signs Form I-864. A sponsor is required to be at least 18 years of age and domiciled in the United States"
Also in the Instructions:
"Part 3 Item Number 5. Country of Domicile.
If you are not currently living in the United States, you may meet the
domicile requirement if you can submit evidence to establish that any of the following conditions apply:
1. You are employed by a certain organization...
2. You are living abroad temporarily...
If you are not currently living in the United States, you must provide proof that your trip abroad is temporary and that
you have maintained your domicile in the United States.
3. You intend in good faith to reestablish your domicile in the United States no later than the date of the intending
immigrant’s admission or adjustment of status."
Just for future reference, in case anyone else asks.
