Follow To Join....

[dharma rao]

Hi, lets start a thread on follow- to- join: please lets know u r experiences with spouses joining the GC holders, but married before the Imm.petition was applied.What one shd not do-like not adding the spouse name on the GC petitioner application due to spouse working on a J1 or not being present in the USA hoe do these matter.Also tell us u r experience about the timing of home country Consular Processing
I-824 etc.Thanks a lot.Its especially helpful to those spouses worried and feel helpless \'cause they are in the homecountry away from access to info.et.

[TeresaMartin]

This is a good thread to be continued. As lots and lots of people getting into this stage now.

I am on 485 and recently got married. Do not know how to bring her. How to do a Follow-To-Join?

What are the docs needed to submit a Follow-To-Join application? Whether she needs to be in the Home Country till you file a Follow-To-Join application Or she needs to be in the home country till it gets adjudicated? How long does this process delay your GC?

[dharma rao]

Is it somewhat late to call your case a follow to join.You need to quickly consult an attorney before you can file I 824, I 864 for dependents.To be eligible for a follow to join one shd be married b4 the I 485 stage.This is not a legal advice I am not a lawyer.

[USGC NQCTiv]

I got married after filing I-485. However, my spouse is with me here in US with a H4, since I have my H1 still valid. Does anyone know the procedure for my spouse to get a GC, with my application?

[dharma rao]

you have a chance from one lawyer\'s version, cause she is u r dependent currently residing now in the USA and she will not be asked to go back and wait in the home country for a GC.Talk to lawyers.

[Confused-by-INS]

Hi,

I am very confused about my Greencard processing .... would appreciate any advice. I am in US on an H1B visa since March 2000. I got married last October and my husband got his Greencard one month after that on November 7th. Since my husband\'s I485 was already filed, my name could not be included in his application, nevertheless, I went with his for his GC interview hoping that the interviewer would include my name on his application on a "following to join" status. However, the interviewer told us it was not possible to include my name and that my husband would have to file for my Greencard separately on a family based petition. We later found out from a lawyer that since we did get married before my husband got his GC, that it was possible to apply for my GC on a special condition and that way my GC processing would be faster. However, we got conflicting opinions from different lawyers. I now have 2 choices, either to get my GC processed through my employer, which would take a minimum of 3-4 years or to have my husband apply for it. Needless to say I am looking for a way to get my GC processed in the fastest possible manner. I was wondering if any of you have any knowledge or experience that would help me decide on the best possible alternative.

Would appreciate all your help / advice,

Thanks,

Aparna

[dharma rao]

aparna
as 485quest said why not go ahead with I-864(affidavit of support by gc holder for spouse) and I-824 for consular processing and see.Also wise to go ahead with u r own emp. based gc processing which is quicker, compared to I-130. But find out if any or all the 3 are mutually exclusive.

[dharma rao]

dear 485QUEST
any info as to how a Green Card spouse married before arriving in the USA, can adjust the status of spouse residing in the USA on an H-1. After I- 485 approval of GC holder the beneficiary/dependent also entered the USA on an H-1.(Marriage took place 10 yrs before either ever entered USA ).So both in USA , how does this work.Similar to U r situation( you and your son)

[dharma rao]

aparna
give your research experience in this regard here.Many going thru similar situation will be benefitted.

[Shama Jahan]

I think you need to file I-485 for them with I-485 Receipt Notice . Do not delat it ..

[FRITS REINTS]

I AM FROM HOLLAND AND JUST MARRIED A WOMEN FOR THE US. WHAT DO I NEED TO DO TO GET MY GREEN CARD AND WHILE AM WAITING FOR IT TO GO THROUGH CAN I STAY IN THE US, WITH HER? AND WHAT FORMS DO I NEED TO FILE FORM MY GREEN CARD?

[dharma rao]

frits,
read 485quest in column 2.1( right here, go up and down u will find it). he gave couple of websites - click on those web sites, u will get the info.
if u r spouse is us citizen, u can go to ins get u r status adjusted fast.

[ramkison]

Hi :

I believe, I am on the same boat .. I got married after I applied
my I485 and now it says it is approved .. just before filing
I485 (i.e. include my wife\'s application onto existing application)
but because it is approved .. I don\'t know whether they include
my wife\'s application or not .. worried ..
Please share your experience .. what you did in your case ..
Thanks in advance ..
please mail me rameshbalajiv@yahoo.com
Ramkison.

[dharma rao]

ramesh
if the spouse is in the USA as u r dependent
or on anyother legal status now at this
pint of time then her status
can be adjusted here in the usa.
u need to fill her 485.go to state
ins office- they will allay u r fears.
 good luck.

[Sameer Gupta]

I would request ur help urgently.
My wife (we got married last month) is a Permanent resident and we are about to file a petition under category 2A for my PR. Pls let us know in brief what are the processes involved.

[Kusum Bhandari]

Does follow to join benefit applicable to the spouse and children already in USA (on H1 and H4 respectively) of a Green card holder or its only applicable if the family is in the home country? We have been married for last 18 yrs and my wife got green card last year. I am wondering whether I can apply for I 485(based on follow to join benefit) without I 130. Any suggestions or comments will greatly help.

Raj

[dharma rao]

go to state ins office in u r state they will give u 485 to file u can get work permit with receipt of u r 485 from the state ins office

[Sampath Varatharaj]

Aparna,

Please read the following URL. This may help you...
http://www.ins.gov/graphics/howdoi/appproc.htm#3
Regards,
Sampath V

[Sampath Varatharaj]

Ram,
Read this URL for more information...
http://www.ins.gov/graphics/howdoi/appproc.htm#3
Regards,
Sampath V

[dharma rao]

sampath
thats an excellent web address for this thread
kusum bandari and others must have a lot of relief
also the local ins office answers this question
reassuring the quick issuance of a work permit to spouse
if present here in usa
thanks

[dharma rao]

dear kusum bandari,

 hope this will help u
a friend of mine is going thru identical situation. he said the indian consulate can help him get quicker green card issuance. however the ins shd send the file to indian consulate first then on it shd be dealt with by the indian embassy- u r at their mercy and nobody can help u from here ie., the us ins will lose control of u r immigration,

 alternatively u can go thru adjustment of status here in the usa.this as u can imagine take sometime, but i believe u will get the employment authorization as soon as u r 485 petition is received by the ins. the receipt notice will automatically entitle u to an empl. auth. card. this is done by the local ins state agency upon producing the receipt notice. post here u r findings please.

[niti gupta]

I am working here on H1B visa and recently got married to a US citizen. I am also a canadian permanent resident. Is it possible for me to apply for green card from Canada and also continue my H1B status and continue working in US.
Thankyou!
niti

[dharma rao]

niti gupta

yes. absolutely

[niti gupta]

Hi Dharma,
In that case, will my application be considered as a change of status or filed from outside the country. As these 2 are totally different category. One takes about 3 yrs and the other app 9 months.
I heard that once you file your application for GC, you no longer can enter US on any kind of visa.
Thankyou!
niti

[Alice Mulcock]

I am deperately in need of some help. I can not find my situation in any of the boards. I am a US citizen and moved to the UK to marry a UK citizen nearly 2 years ago. We have been married 1 year in May.I want to come back home and bring my husband with me. I have filed an I-130 in England but I do not qualify for the affadavit of support because i dont reside in the US.No hope of getting a joint sponsor. Is it true that we can move back to the US and file a I-485 right away without having to file the I-130 first? If so, do I need to cancel my I-130 here? Also because I was married in the UK do I need to get married again in the US? How long will it be before my husband gets approval to work if we do it this way? Please help, desperate to get home to my children. Sorry so lengthy

[Tom TIan]

Hi, I am a chinese. I got married this spring. My wife tried to apply H4 visa twice and was rejected. She was told that I should go back and apply H4 visa with her. Right now I am going to file I485. ( I already delayed this petition for several months due to my wife H4 visa). My lawyer told me that if I file I485 it is even harder for my wife to get H4 visa even if I keep the H-1B visa. He said that the consul can check the INS system and get my I485 application. I am not sure whether this is true. Someone told me marking NO for question 26 in form 156 (which inculde whether you file for AOS). I am not sure whether this is kind of cheat or very dangerous. Anyone knows such case will be greatly appreciated. Thanks!

[dharma rao]

niti gupta

since u r on h1 now in the usa u r in good shape.
u can apply for consular processing from canada or adjustment of status here. either process does not take away u r current h 1 status. try to maintain the h 1 as long as possible
the adjustment of status gets u a very quick work permit so u r off the h 1 employer\'s hook, but the green card issuance takes time.
in the consular process, find out the waiting time for canadian citizens, if its not much go thru the same
but us citizen\'s spouses get adjusted real fast i think.
hope this helps and contribute to this thread please.

[Nick I485]

Aparna, Did you find any route for filing GC . I
am also in the same boat .

Thanks,
NickI485

[dharma rao]

dear 485 quest,
Congrats on 485 stamping.
nice to have you back after a long period of silence, I agree that many who contribute
 to this forum are better informed than the ones who stamp IVs ( like they say,
 an old patient is better informed than a young doctor!)
what are u doing with your sons IV. Is he not coming here as a dependent first to
get adjusted, or are u now applying for I 824 and 864 for the dependents for
consular processing?The latter sometimes gets prolonged for no particular reason you see.

[dharma rao]

hi kusum bandari,

whats happening? ur input is appreciated!