mooshie

Hello there,
We were ( me, husband and 3 kids) had our interview immigrant f4 category on April 4,2011.All went well.I put in our ds230 that we are going to enter u.s altogether, and when pasport received April 7,2011 it was with annotation 212(g)(2)(B)---valid only if accompanying spouse
charge to spouse's Qouta 202(b)(2)
and on my husband's--valid only if accompanying Spouse and with my children's as well, valid only if accompanying Mother.Does this mean that I can not enter U.S. without my husband? I am planning to enter U.S. next month just myself and my eldest son, to activate my social security number and come back in two weeks in U.K. to sort everything out then go altogether in august in time for school opening. The officer who interviewed us said that any of my family member can enter U.S. as long as me (main benificiary) will be the first one to go or with another family member and remaining can follow me in a later date..

I'm a bit confused..mainly with the annotation..again, can i only enter U.S. with my husband or can i do it without him. Your reply will be much appreciated

Bob

I moved this into the visa and immigration forum where it'll get more attention from people who'll probably know the answers.

crg

The F42 and F43 must accompany or follow-to-join the F41. The F42 and F43 cannot activate their immigrant visas unless they are with the F41, or the F41 has already been admitted to the US as a permanent resident.

S Folinsky

The ConOff explained it well. The derivatives cannot be admitted BEFORE the principle immigrant. The derivatives must either "accompany" or "follow to join."

mooshie

Thank you very much crg, so it means the we can me and my son can enter first..it's just im worried about the annotation, thinking that if i will not follow it ( 212(g)(2)(B)---valid only if accompanying spouse,charge to spouse's Qouta 202(b)(2)
and on my husband's--valid only if accompanying Spouse and with my children's as well, valid only if accompanying Mother)
there will be a problem in our point of entry, is annotation something like a note to admitting officer but not necessarily/strictly the reason for nor not admitting immigrants?

Bythe way, many thanks for all your replies crg, i just noted that all your replies to the members who need help were all nice, calm and very informative

crg

I can tell you're new here.

I've been quite cordial lately, but have been known to get involved in a pointed debate or two in the past.

Are you and the spouse all from the same country of nationality? I'm wondering why it wouldn't say or follow to join on the F42's visa. If you are from different places that could be a reason for the strange notation.

202(b)(2) reads like this:

http://www.uscis.gov/portal/site/usc...90aRCRD&CH=act

(b) Rules for Chargeability. - Each independent country, self-governing dominion, mandated territory, and territory under the international trusteeship system of the United Nations, other than the United States and its outlying possessions, shall be treated as a separate foreign state for the purposes of a numerical level established under subsection (a)(2) when approved by the Secretary of State. All other inhabited lands shall be attributed to a foreign state specified by the Secretary of State. F or the purposes of this Act the foreign state to which an immigrant is chargeable shall be determined by birth within such foreign state except that-

(1) an alien child, when accompanied by or following to join his alien parent or parents, may be charged to the foreign state of either parent if such parent has received or would be qualified for an immigrant visa, if necessary to prevent the separation of the child from the parent or parents, and if immigration charged to the foreign state to which such parent has been or would be chargeable has not reached a numerical level established under subsection (a)(2) for that fiscal year;

(2) if an alien is chargeable to a different foreign state from that of his spouse, the foreign state to which such alien is chargeable may, if necessary to prevent the separation of husband and wife, be determined by the foreign state of the spouse he is accompanying or following to join, if such spouse has received or would be qualified for an immigrant visa and if immigration charged to the foreign state to which such spouse has been or would be chargeable has not reached a numerical level estab lished under subsection (a)(2) for that fiscal year; (3) an alien born in the United States shall be considered as having been born in the country of which he is a citizen or subject, or, if he is not a citizen or subject of any country, in the last foreign country in which he had his residence as determined by the consular officer; and (4) an alien born within any foreign state in which neither of his parents was born and in which neither of his parents had a residence at the time of such alien's birth may be charged to the foreign state of either parent.

If there is a problem at the border, they may allow you to withdraw or defer the inspection to a later date. A removal order would be unlikely but not outside the realm of possibility.

mooshie

Hello, just a quick update..supposed to be our flight this morning, a bit upset as klm did not allow me and my son to board this morning for our flight to florida due to the annotation on my immigrant visa that valid only when travelling with my spouse even im the main applicant (his visa annotation is the same as mine) so they did not let me in...they said i need to go to embassy to change the annotation..tried to explain to the supervisor that im the main applicant and the rule that states that i can enter u.s. With or without my dependents And that was had been saidby the interviewing officer at london embassyand i'm a british national as well,but still they wont let me board..so after 2 hours sorting this problem with klm and e bookers which told me at the end that i need to go to embassy to change my visa annotation and they couldnt let me in and because the gate was already close me and my sons flight was cancelled and if i want to go ahead i need to pay for the whole new flight..after this travel agent said that, i almost collapse!!!!im loosing 10000 pounds!!! Anyway to cut the long story short after arguing over the phone with him and end up telling me the result after the gate was closed
i was unable to fly today and ebookers said im sorry but your flight was already void and need to pay for a new whole flight anyway i went to klm desk in the airport and this nice man let me change my flight for saturday, and now my husband is over the moon as he's coming with us..

I paid the penalty for changing the flight and book for my husband's flight, it's good that he manage to get holiday for two weeks..

Im just thinking will this happen everytime we enter U.S.? i believe that sometimes green card takes many months before it arrive..My purpose for this travel is to activate my ss number so i can transfer my nursing license from vermont to florida and come back to u.k. After. 2 weeks to sort some loose ends..then go back after 2 months to settle..

ian-mstm

The day you enter the US, your passport will be validated. That validation IS a green card - and serves the exact same purpose as the plastic card that'll come in the mail.

Ian

mooshie

Thanks for the quick reply sir so does it mean that the annotation will be invalid by then and everytime i enter u.s. That stamp will be considered instead?

meauxna

The stamp on your Immigrant Visa will override the notation on it, yes. The visa is a one-use item for its original purpose and the notation goes with that one use.
The endorsed visa is something else.

Do you have a secure mailing address in the US? The green cards should arrive about 3 weeks after you arrive.