Post-CP interview - seperate return to US

J

jari

New Member
My wife and myself (I am the primary) are scheduled for April 19 regular CP interview in Mumbai. After the interview, my wife wants to stay in India for a longer time than me to be with her family.

Assuming the immigrant visa is approved, can we return back to the USA on different days?
or are we required to appear at the POE together?

I will appreciate of anyone who has done this can share their experience or a list of things to do.

Thanks.
 
jari:

The two of you can return seperately but primary candidate (appears to be you) needs to enter before the derivative candidate (your wife) enters usa or both can enter together. Also she needs to enter within 180- days of cp approval date!
 
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jari

My wife and I returned separately after attending CP interview together. She returned after 1.5 months after I did. No trouble at POE.

We asked about returning separately to the consular officer during the interview. She checked with someone inside and then gave us a thumbs up! When I returned earlier, I asked Immigration officers about my wife following me after 1.5 months and whether she would need any documents other than her visa, passport etc. The response was that she would not need additional documents (or copies of my visa) but she has to return within 6 months of IV approval. That is also the validity of the immigrant visa. Her IV had a stamp on the top right corner saying "Valid only if accompanying/following spouse".

Hope this helps.

KAT02.
 
Thanks kd1403 and KATO2 for the replies. Its very helpful.

I am the primary and will be entering the US before my wife, and so it seems that my wife should not have any trouble at the POE.

However, I have one follow-up question:
How will the officer at POE determine that my wife's US entry is "following" mine?
I think the officer might simply check into an online INS/CIS system to determine this.
Or as a precaution, maybe I should send over a copy of my temporary GC stamp on the Passport to my wife before she returns, which she can show as proof of my entry.

Any comments/suggestions on that?
 
Originally posted by jari
Thanks kd1403 and KATO2 for the replies. Its very helpful.

I am the primary and will be entering the US before my wife, and so it seems that my wife should not have any trouble at the POE.

However, I have one follow-up question:
How will the officer at POE determine that my wife's US entry is "following" mine?
I think the officer might simply check into an online INS/CIS system to determine this.
Or as a precaution, maybe I should send over a copy of my temporary GC stamp on the Passport to my wife before she returns, which she can show as proof of my entry.

Any comments/suggestions on that?
Click to expand...

The immigration officer can check to verify the principal immigrant's admission by entering the principal's A# number.
It is a good idea to keep a copy of the principal's immigrant visa to facilitate this check.
 
jari:

I concur with nkm-oct23.

* You can either leave a copy of your immigrant visa approval paper with your wife (preferable)

OR

* Consulates are known to issue primary candidate an A# and derivative candidate the successive A#'s (i.e primary candidates gets an A# and successive derivatives A# + 1). And immigration officers are aware of this!
 
jari

kd and nkm made good comments.

My wife carried a copy of my IV. That had my A# and her visa had my name in her address box as c/o. Our A#s are in series and is what most people on this forum have experienced. It will be a good idea for her to carry a copy of your IV and tell the officer the date of your entry into US if asked. It may also be a good idea to keep a) Copy of notarized I134 that you will submit to the consulate during your interview or b) Another original notarized I134. In any case, these things should be kept as a backup. Your wife should not have any difficulty in following you. But make sure that the consular officer is aware that you will be returning separately and the same is mentioned on DS230.

My wife was not asked about any of my details.

Good Luck.
 
KAT02, you mentioned "But make sure that the consular officer is aware that you will be returning separately and the same is mentioned on DS230."

You must be referring to item 21a & 21b in DS230 Part I.

Actually on my DS230-I, I currently have the following:
21a. Person(s) who will accompany you to the US now = my wife's name
21b. Person(s) who will follow you to the US at a later date = NONE

On my wife's DS230-I, she currently has the following:
21a. Person(s) who will accompany you to the US now = my name
21b. Person(s) who will follow you to the US at a later date = NONE


So, if I tell the consular officer about our seperate US return, the officer should make us change items 21a & 21b on both DS230-Is during the interview, such that after the change,

On my DS230-I:
21a. Person(s) who will accompany you to the US now = NONE
21b. Person(s) who will follow you to the US at a later date = my wife's name

On my wife's DS230-I:
21a. Person(s) who will accompany you to the US now = NONE
21b. Person(s) who will follow you to the US at a later date = NONE

Does that sound correct?

Thanks.
 
jari

I was refering to those questions. I had submitted DS230 (AC140) the same way you have it right now. I told the officer interview us that we had a change in plans and that my wife would return at a later date. The consular officer did not make us change anything but it is a good idea to let him/her know about the change in plans (actually to the person collecting the docs as well as the officer interviewing you).

If you have not submitted the forms yet and your plans are fixed, then it would be better to make the changes on the forms right now. If you have already submitted the forms, do not worry about it.

Bottom line is that spouse following the primary applicant is normal and should not create any problems if the paperwork is in order.

Hope this helps.

KAT02.
 
jari:

What you have posted above looks right!!

Plan to carry a pre-filled ds 230 part 1 for both of you with the updated travel information (just in case asked for). At the time of the interview, tell the consular officer about your slight change in plans where your spouse will follow at a later date within 180 days and the consular officer will make a note of it for you.
 
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