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Independent travel of J-2 dependent?

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  • Independent travel of J-2 dependent?

    I want to make sure that I interpret this rule correctly: "If arriving for the first time after the J-1, the J-2 dependents should present copies of the J-1’s passport biographical page, DS-2019, visa, and passport entry stamp as evidence that he/she has already arrived. After initial entry, J-2 dependents may travel independently of the J-1 or remain in the United States while the J-1 travels as long as J-1’s absence is brief and temporary, and everyone is maintaining status." So it seems to be pretty clear that if both J-1 and J-2 go for a short vacation abroad, and then J-2 comes back a day earlier, it should be no problem with reentering the US, even though at the very moment the J-1 is not in the US. (Of course, it is not allowed for the initial entry of the J-2, but I am thinking of reentering only) ?

    I am asking this question because I (J-1) and my wife (J-2) experienced once an unpleasant situation. We were both coming back to the US from a short vacation on the same day, but because of seat availability we took different flights and she arrived in the US 1h earlier. I had called US Customs and Border Protection (CBP) in the port of entry and they confirmed she would not have any problem reentering even if I am not yet there. A CBP representative asked if she had already entered for the first time in J-2 status before, and when I confirmed that, he said: "She is good to go". However, at the airport, she was asked 100 times why I am not with her and a CBP officer asked another officer if he had ever encountered such a situation. Both officers didn't know what to do, and the CBP officer called his supervisor. Then she eventually got admitted. Did it happen only because it is unusual, and the officers simply didn't know?
    Last edited by konrad89; 03-06-2022, 08:50 PM.

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