Marriage Problem -- follow to Join --- Please help

[TroubledGC]

Hi Guys,

I was wondering if anyone have any experience with follow to join for marriage and Form I-824.

My first question is that can I initiate I 824 for my wife before I get my Green car. I have my I140 approved waiting for 486. or do I need to wait for approval of my Green Card?

Does anyone have any experience in term of acceptance rate of this?

Can someone travel to US with other type of visa (Tourist and ...) while pending I-824?

Does anyone have any experience or idea for its timeline? I noticed that Nebraska in April-07 but it has been on the same date for the last 6 months? Does anyone have any information about this? Whats the deal there? It seesm all the other service center has 824 processing date of Jan 2008, how can the Nebraska one be April 2007?

The other question is, on the form I824 mentioned that "You should submit this form and any related evidence to theUSCIS office that approved the original petition or application. This could be either a USCIS Service Center or local USCIS office.

What does local service center mean here? I checked and it seems that local service centers does not have any processing date for I824, whats the deal?

any help or idea is appreciated?

Thanks

[TroubledGC]

please help

[whitemimauz3]

I am unable to understand why would you file I-824, this form is for action on an approved case, if the priority dates (labor certification) are current for your country of chargeability, based on your I-140 approval, yes you file I-485 for yourself (AOS) and I-485 consular processing for your wife, if she is outside USA (simultaneously)

[TheRealCanadian]

Originally Posted by whitemimauz3

and I-485 consular processing for your wife

There is no such thing. The I-824 is the correct petition to file. I would file it right away, and merely ask that they act on it once your I-485 is approved.

[whitemimauz3]

Original poster says waiting for 485, i am assuming he has yet to file I-485 for himself

[TroubledGC]

RealCanadian,

What does this mean?

[QUOTE= and merely ask that they act on it once your I-485 is approved.[/QUOTE]

I was under the impression that I can not initiaite I824 before my GC is approved, am I wrong? Can I initiate I824 right away.

whitemimauz3 ,

I have applied for 485 but I am still waiting for it to be approved

Thanks a lot

[TheRealCanadian]

Originally Posted by TroubledGC

I was under the impression that I can not initiaite I824 before my GC is approved, am I wrong? Can I initiate I824 right away.

Technically you need to wait for approval, but it doesn't hurt to file now. Worst case, it gets rejected and you lose the filing fee, best case they hold it until the I-485 is approved and you save a few months. There's not much in between.

It's up to you to decide, but to me risking the money is a good tradeoff against saving some time.

[TroubledGC]

Hi RealCanadian,

My problem is not the money part. It is the part that If I file it now and then wait for "18 months" for it to be ready and then I file again then I lost the 18 months. At this point, money is not a problem.

Can I file twice once now to save the date and once I got my greencard again.

I filed my original 485 in Nebraska, Is there anyway to apply in other Service Centers? Anyway out of this mess?

Is there anyway to slow down my greencard process?

Thanks alot,

Originally Posted by TheRealCanadian

Technically you need to wait for approval, but it doesn't hurt to file now. Worst case, it gets rejected and you lose the filing fee, best case they hold it until the I-485 is approved and you save a few months. There's not much in between.

It's up to you to decide, but to me risking the money is a good tradeoff against saving some time.

[TheRealCanadian]

Originally Posted by TroubledGC

My problem is not the money part. It is the part that If I file it now and then wait for "18 months" for it to be ready and then I file again then I lost the 18 months.

If the 18 months were spent waiting for your I-485 to be approved, I'm not sure what you have lost.

Can I file twice once now to save the date and once I got my greencard again.

What date are you trying to save?

Is there anyway to slow down my greencard process?

Now you want to slow it down?? What are you trying to achieve? I am completely at a loss as to what you want.

File the I-824. It will either get rejected, or it will wait. If it waits, then once your I-485 is approved your wife's case will be forwarded to NVC and a few months later she gets her interview at a consulate. If it's rejected, you wait until the I-485 is approved and file again.

[nscagony]

Most consulates don't require the I-824 to be approved. You file it and then show the receipt notice to the consulate. The I-824 causes the I-140 file to be sent to a central office that distributes them to the consulates. However, consulates have now direct access to USCIS's CLAIMS database, so they don't really need the I-824 notification any more. Just bring the original approval notice and all documents you ever submitted to USCIS to the interview when your wife gets her immigrant visa.

[TroubledGC]

Ok, I see I am saking the wrong questions... I will explain..

My 485 is started Nov07, and I based on USCIS processing date it will be accepted in the next 3-4 months (recently after this new namecheck story, USCIS have been very good at approving current PD 485,s

My first solution has been to get H4 for my "future wife" I am getting married in two weeks. but the problem is there is no consulate appointment for here till later Nov and then after that 3 months wait for her secutiry clearance would be way late Feb timeframe which I think It is highly likely that I have my GC.

GTJ is my second plan than I am hoping that I can launch as soon as possible and I really don't want to wait years and years for my wife to come.

Originally Posted by TheRealCanadian

If the 18 months were spent waiting for your I-485 to be approved, I'm not sure what you have lost.

What date are you trying to save?

Now you want to slow it down?? What are you trying to achieve? I am completely at a loss as to what you want.

File the I-824. It will either get rejected, or it will wait. If it waits, then once your I-485 is approved your wife's case will be forwarded to NVC and a few months later she gets her interview at a consulate. If it's rejected, you wait until the I-485 is approved and file again.

Can I file her I824 now meanwhile apply for her H4 and then again apply the moment that I receive my GC provided that she does not have her H4 then. (I am at a point that I am not counting on her H4 that mcuh)

[TroubledGC]

Hi NSC Agony,

I am very confused about what you have explained.

Originally Posted by nscagony

Most consulates don't require the I-824 to be approved. You file it and then show the receipt notice to the consulate.

****Which consulate should I send the receipt notice?

The I-824 causes the I-140 file to be sent to a central office that distributes them to the consulates. However, consulates have now direct access to USCIS's CLAIMS database, so they don't really need the I-824 notification any more.

Just bring the original approval notice and all documents you ever submitted to USCIS to the interview when your wife gets her immigrant visa.

*****When and how does she get an interview? doesn't the I824 need to be approved before I initiate an interview

I am completely lost?

Thanks a lot

[TheRealCanadian]

Originally Posted by TroubledGC

GTJ is my second plan than I am hoping that I can launch as soon as possible and I really don't want to wait years and years for my wife to come.

I think this is your best option; file the I-824 as soon as you have proof of the marriage. It might be rejected, but if not it'll save you a few months of time on the FTJ.

[nscagony]

First of all, get married today. My I-485 was filed October and it just got approved. If you don't get married before your I-485 approval, your wife will have to wait 5 years to come here. So get married today (literally, I mean it).

Second, the I-824 is mostly obsolete these days. Check with your country's consulate. Most consulates only require that you have the I-824 filed (receipt notice), not approved. So you can file now or later or whatever, it won't hold you up as long you have the receipt notice and the I-485/I-140 approval notices. Also, the I-824 is filed against your I-140, not the I-485, so as long your I-140 is approved you can file the I-824 immediately.

[TheRealCanadian]

Thanks for the update, nscagony. I'm not fully up to speed on the nuances of FTJ and your information is appreciated.

[TroubledGC]

Hi NSCagony,

Thank you very much for your info, this is great. I am getting married in 12 days. Hope that works fine.

Can I file for her I824 and then meanwhile try to apply for her H4 as well ? (Note: I am hoping if the H4 path gets to some results then I can file her AOS here which is beneficial for my case)

Originally Posted by nscagony

First of all, get married today. My I-485 was filed October and it just got approved. If you don't get married before your I-485 approval, your wife will have to wait 5 years to come here. So get married today (literally, I mean it).

Second, the I-824 is mostly obsolete these days. Check with your country's consulate. Most consulates only require that you have the I-824 filed (receipt notice), not approved.

******** I am from Iran and there is no US consulate in Iran, We usually try to file everything in a couple of other countries such as Dubai, Ankara, or cyprus. Do you know how can I make sure about this? and how can I know which consulate I should I apply?

So you can file now or later or whatever, it won't hold you up as long you have the receipt notice and the I-485/I-140 approval notices.

Also, the I-824 is filed against your I-140, not the I-485, so as long your I-140 is approved you can file the I-824 immediately.
***** This is great

[nscagony]

She can get H4 at the nearest consulate. All she needs is the marriage certificate and your H1B approval notice. If there is any way to get the legal marriage done sooner than 12 days I would think about that. You are dangerously close to approval. 12 days could turn into 5 years for her if you are unlucky.

[TroubledGC]

Thanks alot for the info,

I know I am very close to the GC, thats why I am not couting that much on the H4 but on FTJ.

My problem is they don't accept proxy marriage so I have to be physically there to get married and I have reserved the closest flight possible to be there soon.

Let me know if have any more information or other respources that Ineed to study about FTJ and I824.

I have talked to 11 lawyers and none of them told me that I could file for I824 before my actual GC (485) and neither of them told me about the I824 receipt. Honestly, some of them told me things that were contradictory and were proved to be worng.

Again, thanks a lot for your help, I really appreciate your help and also RealCAnadian help who always spend the time to answer and help people.

Thanks

Originally Posted by nscagony

She can get H4 at the nearest consulate. All she needs is the marriage certificate and your H1B approval notice. If there is any way to get the legal marriage done sooner than 12 days I would think about that. You are dangerously close to approval. 12 days could turn into 5 years for her if you are unlucky.

[nscagony]

The process is called AC140. Here is some information on it:

http://www.immihelp.com/gc/consular/ac140.html

[TroubledGC]

Hi NSCagony,

I read your link and I got confused alittle bit. The way the WEB site explains is for someone with I140 approved who wants to do the consular processing instead of AOS.

How does that tie to my case where I have already applied for AOS and I want to apply for my wife to get GC using consular processing?

It seems that I should file the form I824 (Is that right?). For consular processing part do I need to file or does she need to file? Do they still need my I140 petition? (I am not sure if I can get it as it belongs to the company)


Thanks a lot,

Originally Posted by nscagony

The process is called AC140. Here is some information on it:

http://www.immihelp.com/gc/consular/ac140.html

[nscagony]

Yeah, its the same thing for her. You file a I-824 and contact the consulate once you have the I-824 approval notice and file the paperwork for her to get an immigrant visa. She can use your I-140 as basis for consular processing since you will be married, and she doesn't need AOS pending to do CP or use AC140.

[TroubledGC]

Hi nscagony,

I went home and got married and now i am trying to initiate follow to join.

Within our last discussion, you mentioned that most consulates does not need the I824 approval as opposed to its receipt. I talked to a couple of lawyers about this and they were not aware of that.

How do you think I can locate such a consulate, (Note that I am a citizen of Iran so I can go to multiple consulates)

Do you know a competent laywer who knows these and can help me in this process.

Many thanks

TroubledGC

[prq20]

Congratulation TroubledGC on your marriage....

NSCagony... Do you know if Islamabad Embassy will accept I-824 receipt and will look into CLAIMS database to initiate the FTJ process?

My I-824 was filed in mid Jan, 08 and is still pending. I can't do anything except waiting for the USCIS to approve the case....

Any input will be of help.

[yogkc]

Originally Posted by TroubledGC

Within our last discussion, you mentioned that most consulates does not need the I824 approval as opposed to its receipt. I talked to a couple of lawyers about this and they were not aware of that.

Call/Email the embassy, they will let you know if they need approved I824 or not. They have different rules, you don't need approved I824 in India but you need to have approved I824 in Nepal.

I suggest that she should apply for H4 Visa if your I485 is not approved yet. And file for I485 after she gets here.

Good Luck

[TroubledGC]

Hi Guys,

Do you know what exactly is the name of the process and how would can we put that in an official words to ask about it? I am not sure If I can ask the question as well, as my I140 belongs to the company.

Please help,

Do you have any other information regarding this issue

Many thanks,

Troubled