Recently got GC, is follow-in possible for spouse :confused:

[sn008]

Hi All,
My GC got approved and got the card - I heard that if recent GC holder gets married within six months of the time from getting the card, then the GC candidate can apply for the follow-in application for the spouse as well and will get he/she will get the card as well.

Is that true ? For the recent GC holders, Is it possible to apply the GC (485 application) for the spouse and get her the card too ?

Appreciate all the responses.

Thanks,
sn008

[TheRealCanadian]

Originally Posted by sn008

I heard that if recent GC holder gets married within six months of the time from getting the card, then the GC candidate can apply for the follow-in application for the spouse as well and will get he/she will get the card as well.

No. If you are not married at the time you become a Permanent Resident, your spouse falls under FB2 once you get married. If you are already married, then your spouse is eligible for Follow-To-Join benefits.

Is your spouse currently in the US, and were you married when you became a Permanent Resident?

[sn008]

Thank you for responding. I am not married before or at the time when I got my GC. But, I read somewhere about the period of 180 days from the GC approval date that the follow-in is possible.
I am not sure if there are new amendments to the immigration law which allows this feature.

[kagemusha]

There is no such amendment. Follow-to-join is not possible if you were not married before you got your GC. Your spouse/future spouse will have to find a way to come to the US independently or wait to get a green card in the F2A category (the priority dates for that are so far back that you may even get your citizenship before the priority date becomes current).

-KM

[ami123]

Im in a slightly different situation.

We got married b4 my husband's green card was approved. We never applied for follow to join . I waited there for almost a yr and half b4 my h1 was approved. Now Im here on h1. My husband has applied for I 130 for me recently but we have not got any reply yet on that. Tis way the wait for GC is long, Vermont is currently processing cases in july 2002. So we have to wait atleast for 5 years.



I would like to know if
1. Am I eligible for follow to join, now or is it only for ppl outside US?
2. Will i be able to work?
3. Will the fact that we were married b4 his gc was approved, help us in getting a gc for me sooner than the current i130 application.(regardless of follow to join)



Any help will be appriciated.
Thanks,
Ami

[TheRealCanadian]

Originally Posted by sn008

But, I read somewhere about the period of 180 days from the GC approval date that the follow-in is possible. I am not sure if there are new amendments to the immigration law which allows this feature.

You are thinking of Section 245k of the INA, which allows a 180 day grace period of EB-applicants to be out of status before filing an I-485.

Let's say I'm here on an H-1 with a filed I-485. My wife is out of the US. She enters the US on an H-4, but before she can file her I-485, my I-485 is approved and I become a permanent resident. Since her H-4 is dependent on my being an H-1 non-immigrant, she immediately falls out of status. 245k allows her to file her own I-485 up to 180 days after this happens, but it doesn't waive the requirement that we be married at the time I become a Permanent Resident.

[TheRealCanadian]

Originally Posted by ami123

IMy husband has applied for I 130 for me recently but we have not got any reply yet on that. Tis way the wait for GC is long, Vermont is currently processing cases in july 2002. So we have to wait atleast for 5 years.

No, no no!

You do NOT need an I-130. You should immediately file an I-485 because you are the derivative beneficiary in a category that allows such.

[ami123]

Originally Posted by TheRealCanadian

No, no no!

You do NOT need an I-130. You should immediately file an I-485 because you are the derivative beneficiary in a category that allows such.

Hi TheRealCanadian

Thanks for your reply. Can you please clarify on how to go about it. My husband's green card was approved and arrived almost a year after our marriage.And now its a year and half since he is on gc.


We did not apply for me during the time from marriage but before appproval...thinking that the filing has to be concurrent and his was already done.

What you say has really given me hopes. Sounds to good to be true. Im now in USA on H1b, will i still be able to file I 485.

[TheRealCanadian]

Originally Posted by ami123

What you say has really given me hopes. Sounds to good to be true. Im now in USA on H1b, will i still be able to file I 485.

Yes.

Assuming your husband's priority date is still current, you can file the I-485. Enclose a copy of the marriage certificate, a copy of your husband's I-485 approval notice, the I-693 and G-325. You can apply for the EAD or AP if you want, but not necessary.

What is your husband's PD, and what category was his GC in?

[bigmanny]

My cousin has a GC. His g/f has a 10 year multiple entry visitor visa... Now they want to get married... what are their option so that she can stay in US and get GC?

[TheRealCanadian]

Originally Posted by bigmanny

My cousin has a GC. His g/f has a 10 year multiple entry visitor visa... Now they want to get married... what are their option so that she can stay in US and get GC?

Starting your own thread would be a good first step.

[Jackolantern]

Originally Posted by TheRealCanadian

Starting your own thread would be a good first step.

In the family-based green card section of the forum.

[aadepetun]

Somebody, please help me!

I am a DV 2009 lottery receipient presently in the united states on an F-1 visa opting for an Adjustment Of Status.

I am married to my long time girl friend of 6yrs sometime next month.

She's currently abroad (in Nigeria).

I am filing the I-485 in October, will my wife be eligible for FTJ benefits after my GC is approved?

I was also concerned about the time of the marriage being after I received my notification letter(which I got in March 2008) - will this jeopardize our application in anyway?

Does anyone know how the FTJ works for the DV lottery? It was indicated that all dependents of DV winners have to receive their visa by the end of the fiscal year. Is there an expedited process for DV cases?


Your suggestions are appreciated.

Thank you.

2009AF000005XX

[thankful]

Originally Posted by sn008

Thank you for responding. I am not married before or at the time when I got my GC. But, I read somewhere about the period of 180 days from the GC approval date that the follow-in is possible.
I am not sure if there are new amendments to the immigration law which allows this feature.

No the cut off date is the date you get approved for your green card. No amendment of that nature exists (or is even under consideration in Congress).

[Jackolantern]

Originally Posted by aadepetun

Does anyone know how the FTJ works for the DV lottery? It was indicated that all dependents of DV winners have to receive their visa by the end of the fiscal year. Is there an expedited process for DV cases?

http://immigrationportal.com/forumdisplay.php?f=38

[Yee Man Chan]

Originally Posted by bigmanny

My cousin has a GC. His g/f has a 10 year multiple entry visitor visa... Now they want to get married... what are their option so that she can stay in US and get GC?

Since her visa is long enough to wait out FB2 I-130, this is the simple route to take.

If she has desirable skills, H1B and then GC will be faster (abt 3 yrs vs 5+ yrs for FB2).

[Jackolantern]

Originally Posted by Yee Man Chan

Since her visa is long enough to wait out FB2 I-130, this is the simple route to take.

No ... the visa itself may be valid for 10 years, but each trip will be restricted to 6 months maximum (unless an extension or change of status is approved). So waiting out the 5 years while on a visitor's visa will lead to being out of status long before being eligible to file the I-485.

[StonedAnt]

Hello,

1) Would anyone know how much later can one apply for FTJ for their spouse AFTER receiving their GC?

2) On a side note, I see the mention of "approval notice" at different places? Is this the same document that the GC comes wrapped into or is this another I-797 type of paper? Reason I ask is because I did not receive any such approval notice, just the Welcome Notice and then the GC.


Thanks,


Stoned!

[Jackolantern]

Originally Posted by StonedAnt

2) On a side note, I see the mention of "approval notice" at different places? Is this the same document that the GC comes wrapped into or is this another I-797 type of paper? Reason I ask is because I did not receive any such approval notice, just the Welcome Notice and then the GC.

Approval notice is a paper with a greenish background and a drawing of the arm of the Statue of Liberty, similar to the I-485 receipt notice. It does not come in the same envelope with the green card. I can't comment on the Welcome Notice, as I never received one and don't know what it looks like.

[StonedAnt]

Originally Posted by Jackolantern

Approval notice is a paper with a greenish background and a drawing of the arm of the Statue of Liberty, similar to the I-485 receipt notice. It does not come in the same envelope with the green card. I can't comment on the Welcome Notice, as I never received one and don't know what it looks like.

Thanks Jack. Indeed, I have not received this Approval Notice. I wonder if the attorney did as up till now all the approvals for LC, H1Bs and I140 have gone to the attorney directly who then mails them to me.

Do you think that could be the case? If not, then should I call up USCIS to ask for a duplicate copy? It seems like it's an important piece of paper to have.


Thanks again,


Stoned!

[TheRealCanadian]

Originally Posted by StonedAnt

If not, then should I call up USCIS to ask for a duplicate copy? It seems like it's an important piece of paper to have.

It's not important. I never received mine.

[StonedAnt]

Originally Posted by TheRealCanadian

It's not important. I never received mine.

Thanks TRC.

So would anyone know how long after receiving the GC may one apply for FTJ for their spouse?


Stoned!