Q&A’s published on Lawyers.com and the Epoch Times – 2/16/2018 1. Consulate Interview 2. Re-entry Permit 3. Do the I-94 Record and the Arrival Date for the Foreign Spouse in Form 1-130 Refer to Their Last Entrance in the US?

1. Consulate Interview

I got my interview notice in Cuidad Juarez. I am one month pregnant. Will that be a problem? Should I reschedule my interview until I give birth?  My husband is petitioning for me. 

Mr. Lee answers:
The fact that you are pregnant for one month should not be a problem as there are ways of medical testing on the medical examination that would protect the unborn fetus. Please advise the panel physician’s office before the start of examination.

2. Re-entry Permit

I’m permanent residence since April 2015. My husband is in Pakistan. I have applied for his Visa. My question is if I will take re entry permit so is it necessary for me to be here in USA at the time of his interview? 

Mr. Lee answers:
You must be able to establish domicile in the US at the time of your husband’s immigration. Being in the US would be advisable. Items that might be helpful to prove your US domicile would be job offer letters, US tax returns, US banking statements, ownership of real property, etc. Domicile is important in the immigration process as you must file an I-864 affidavit of support and that form requires that the petitioner have a US domicile.

3. Do the I-94 Record and the Arrival Date for the Foreign Spouse in Form 1-130 Refer to Their Last Entrance in the US?

I am filling out form i-130 and I am not sure if the arrival/departure record for my spouse refer to the last entrance in the US. My spouse first entered as a student in 2011 but is currently on an H1-B (last entry with H1-B). Should we use the most recent arrival record as obtained from the US Customs and Border Protection website? 

Mr. Lee answers:
The I-130 form refers to last entry to the United States, not to earlier entries.

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