POE, SSN & Job: In Which Order?

[beijinger]

My CR-1 visa has been approved (Woohoo!) My husband (the US citizen) and I have started seeking employment in the US. As he currently has a full-time position in China, we think the best way is: I find a job in the US, then he quit his job in China and come join me. This way, at least one of us would have an income at any given moment. Then it raised a few questions:

 

1. I read that the US spouse should be present or already in the US when the immigrant is going through POE. Is that a must?

 

2. If my husband must come with me to the POE, can he return to China right after and continue to work in China for a couple of months while I'm in the US?

 

3. The most ideal scenario is I get a job offer now (though online applications and interviews), then we go to the US together. But since I haven't gone though POE yet and I don't have a Green Card or a Social Security Number, would US employers consider my job application and make offers?

 

Thanks, guys! Love to hear your advice.

[dnoblett]

1. No, What DOS says: "Entering the United States: When traveling to the United States, the primary (or principal) applicant must enter before or at the same time as family members with visas." What this means: in the case of derivative visas, for example, K-1 Finacee (Principle Applicant) / K-2 Child (Derivative) the K-1 must enter the USA with or before the K-2

 

https://travel.state.gov/content/visas/en/immigrate/immigrant-process/interview/after.html

 

Your US Citizen spouse is NOT "The Principle Applicant" you are the Principle Applicant, your spouse is your petitioner.

 

2. Yes

 

3. Hard to say, by law employers are required to verify employment eligibility when hiring, however, there's nothing stopping them from interviewing and making a job offer. Green-card status is immediate upon arrival the visa acts as a green-card until the actual card arrives in the mail, as for SSN, you will have to wait a couple weeks and then apply for one. Employment eligibility is Green-card/Photo-ID (Your Passport should serve both functions after arrival)

[beijinger]

Thank you for the quick reply, Dan! Good to know we can come back to China after POE to wrap things up.

 

1. No, What DOS says: "Entering the United States: When traveling to the United States, the primary (or principal) applicant must enter before or at the same time as family members with visas." What this means: in the case of derivative visas, for example, K-1 Finacee (Principle Applicant) / K-2 Child (Derivative) the K-1 must enter the USA with or before the K-2

 

https://travel.state.gov/content/visas/en/immigrate/immigrant-process/interview/after.html

 

Your US Citizen spouse is NOT "The Principle Applicant" you are the Principle Applicant, your spouse is your petitioner.

 

Regarding going through POE while my husband is still in China, I understand that the "principle applicant enter first rule" doesn't apply to us. However, in the I-864 Instruction, it says:

0. You must submit proof that you have taken concrete steps to establish that you will domicile in the United States
   at a time no later than the date of the intending immigrant’s admission or adjustment of status.

I have also seen some different answers to this question (for example: http://www.visajourney.com/forums/topic/621383-does-spouse-petitioner-need-to-be-in-the-us-before-spouse-beneficiary-goes-through-poe/).

 

I should have mentioned that we did DCF. Would that make a difference? I just want to be completely sure before I head out alone with my packet, as I don't want to risk being refused and sent back.

[Randy W]

Thank you for the quick reply, Dan! Good to know we can come back to China after POE to wrap things up.

 

1. No, What DOS says: "Entering the United States: When traveling to the United States, the primary (or principal) applicant must enter before or at the same time as family members with visas." What this means: in the case of derivative visas, for example, K-1 Finacee (Principle Applicant) / K-2 Child (Derivative) the K-1 must enter the USA with or before the K-2

 

https://travel.state.gov/content/visas/en/immigrate/immigrant-process/interview/after.html

 

Your US Citizen spouse is NOT "The Principle Applicant" you are the Principle Applicant, your spouse is your petitioner.

 

Regarding going through POE while my husband is still in China, I understand that the "principle applicant enter first rule" doesn't apply to us. However, in the I-864 Instruction, it says:

0. You must submit proof that you have taken concrete steps to establish that you will domicile in the United States

   at a time no later than the date of the intending immigrant’s admission or adjustment of status.

I have also seen some different answers to this question (for example: http://www.visajourney.com/forums/topic/621383-does-spouse-petitioner-need-to-be-in-the-us-before-spouse-beneficiary-goes-through-poe/).

 

I should have mentioned that we did DCF. Would that make a difference? I just want to be completely sure before I head out alone with my packet, as I don't want to risk being refused and sent back.

 

 

The domicile is simply a place where you intend to live in the U.S. Once you have the visa, the order of entry is irrelevant, except for derivative visas.

 

There is no requirement for the petitioner to be anywhere.

[dnoblett]

Also I will add since you are a married couple, and you are moving you will be actively establishing domicile for both of you, before your spouse arrives.

[beijinger]

That's great news! Thank you, Dan and Randy. It's very reassuring hearing this from both of you.

[dnoblett]

One other note regarding what is said by the I-864, this has to do with at the time of visa interview, not at time of entry to the USA.

[beijinger]

Update: I passed the POE today alone with no problem at all (while my husband is still in China). The officer didn't ask where he currently is. Thank you again for your advice, Randy and Dan.

[Randy W]

You're welcome. Thanks so much for reporting back!