Entering US first time on IR1 visa

[sameera11]

Hello members have few question if any one knows about law or have any info pls share here

background have ir1 visa issued valid for till June

Q 1 . Can Applicant holder of IR1 enter Us first time if the spouse US citizen. Petitnor Not present in US ??? Is there any law petitnor have to be in USA before the IR 1 enters.

Q 2 as my understand IR1 become LPR the day enter
can leave USA with in 1 week of stay and leter within 6 months reenter

please share info regarding Q 1

[Mike E]

Hello members have few question if any one knows about law or have any info pls share here

background have ir1 visa issued valid for till June

Q 1 . Can Applicant holder of IR1 enter Us first time if the spouse US citizen. Petitnor Not present in US ??? Is there any law petitnor have to be in USA before the IR 1 enters.


Q 2 as my understand IR1 become LPR the day enter
can leave USA with in 1 week of stay and leter within 6 months reenter

please share info regarding Q 1

1. not legally. All signers of I-864 must be either travel with the beneficiary or be physically present in the U.S. at the time the beneficiary arrives at the port of entry.

https://www.ecfr.gov/current/title-8/chapter-I/subchapter-B/part-213a

If the sponsor is not domiciled in the United States, the sponsor can still sign and submit an affidavit of support so long as the sponsor satisfies the Department of State officer, immigration officer, or immigration judge, by a preponderance of the evidence, that the sponsor will establish a domicile in the United States on or before the date of the principal intending immigrant's admission or adjustment of status. The intending immigrant will be inadmissible under section 212(a)(4) of the Act, and the immigration officer or immigration judge must deny the intending immigrant's application for admission or adjustment of status, if the sponsor has not, in fact, established a domicile in the United States on or before the date of the decision on the principal intending immigrant's application for admission or adjustment of status. In the case of a sponsor who comes to the United States intending to establish his or her principal residence in the United States at the same time as the principal intending immigrant's arrival and application for admission at a port-of-entry, the sponsor shall be deemed to have established a domicile in the United States for purposes of this paragraph, unless the sponsor is also a permanent resident alien and the sponsor's own application for admission is denied and the sponsor leaves the United States under a removal order or as a result of the sponsor's withdrawal of the application for admission.




2. LPR status is for living in the U.S. You risk
an NTA. See https://www.***********.com/forums/t...n-lawyer-help/