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Follow To Join....

Discussion in 'Family Based Green Card -Through Marriage/Relative' started by dharma rao, May 29, 2002.

  1. Paul6347

    Paul6347 New Member

    I-129 485 Overstay Possible

    Thank you to everyone who participates in the helpful advice regarding immigration information in these forums. This is my first posting and have read several posts (but not all) trying to find some answers to my situation and dilemma.

    Situation:
    I am a US citizen. I met my girlfriend about a month and a half ago. I am currently going through divorce and the divorce should be completed in about 3-4 months for me to be free. She (girlfriend) is currently here (US) on a tourist visa from the Philippines using her 10 year visa. Now she is on her last month of her 6 + 6 month extension to stay. She applied for a AOS to H3 visa back in December 2010, which had been denied. Now she just applied for an AOS to F1 student visa on 3/11/11. Her duration of stay stamped on her visa indicates she has until 4/9/11 to have current status here in US. I understand that she can stay past the duration of stay stamped on the visa, until an approval or denial of the F1 application results, and use that decision for her reason for overstay (pending application approval).

    Questions:
    1. What is the "Grace Period" to have to leave the country getting a denial for an application (F1 student visa), even though she might get an decision before 4/9/11. If she gets her decision, say 4/3/11, would she be required to leave on 4/9/11, or what kind of grace period to apply for a waiver for the overstay, is there after a decision for an application to leave the country.

    2. If she decides to leave to go back home to prevent being "out of status", I believe she would have to wait about a year for her to apply for another visa to come back to the US, correct? What can I do here in the US, after my divorce is final, for her to come back here to the US. Can I apply for 129, and what would be the time line if she were to go back home, and what procedure can I follow to have her come back to the US under my petition for fiance to marry her?

    3. If she decides to overstay, past 4/9/11, and waits for my divorce to be final, in about 3-4 months (hopefully sooner), I want to file 129 (fiance) for her. I understand about the 180 day (3 year ban) and 365 day (10 year ban) overstay penalties. Can I still apply for a 129 petition if she is here on overstay, under 180 days(?), over 180 days(?), or does it matter how long she overstays as long as I am willing to petition her under 129 and 485 (and whatever any other applications I need to file for her to become a usc)?

    4. What is your advice on this situation. Overstay and wait for me to be free to file and petition her. Go back home and wait for me to be free and file and petition her. I do love her and I am willing to do what it takes for her to come here and be with me.

    Thank you all for taking your time to read this and any answers and/or suggestions you might have are very welcomed.

    Thanks,
    Paul
     
  2. athelstanfoster

    athelstanfoster Registered Users (C)

    Yesterday he had his interview and his green card was approved. His wife is still waiting in China. Once he receives his green card he will file I-824 for follow to join for his wife. The problem is currently the visa bulletin has retrogressed and the current priority date has gone backwards to January 2000
     
  3. USA12

    USA12 New Member

    Hi folks,

    I came to U.S recently as a DV lottory winner (2011 fisical year) and by now I collected my Green Card and am now a U. S permanent resident.

    may i please get clarification on my ex-husbad-Green card application based on the following informations:

    1) I’m not married to him when I entered the DV lottery-he refeused to marry me
    2) But latter after he learned that I won DV lottory, he acepted my request to marry him. Hoping that my relation with him will get better in the futur, I have included him in all my further DV application processes
    3) He filed both the DS-230 and DSP-122 form

    4) While filling the DS-230 part I form (Q31 a&b), I mentioned that He will accompany me later but not at the same time together with me. as a result now he is at his home country while I'm in U.S

    5) KCC has listed him as a beneficiary on the 2nd notification letter for the final processing of my immigrant visa application process
    6) now i confirmed uneqivocally that he was cheating me and already has a girlfreind whom he will marry later after obtaining a green card on behalf of me

    Based on the above information, is there any possibility for him to apply for green card/to come to USA using me as his wife with out my consent? my worry is he may also put me at risk when he is trying to do it illegally as he already has known the most important informations rquired to apply? how long does it take for a green card holder with the above informations to apply green card for a spouse/to invite him to come to usa? how is the above case from legal point of view??

    your response/advice is highly appreciated.
     
  4. kimsangse

    kimsangse Registered Users (C)

    Has anyone here gone through complete I-824 and I-826 forms approval and brought their spouses in US from homecountry.

    Any answers would be appreciated.
     
  5. upendraets

    upendraets New Member

    I think it`s a Good Idea...............
     
  6. Ali Murtaza

    Ali Murtaza Registered Users (C)

    Hello!

    My Mother's Sister Filed Petition For Immigrant Visa In F4 Category For My Mother. Under "Following-to-Join Benefits" Paragraph On "Siblings" Page Of United States Department Of Immigration And Citizenship Website It Was Mentioned That;

    "that you do not have to submit a separate Form I-130 for your spouse and/or children. In addition, your spouse and/or children will not have to wait any extra time for a visa number to become available. In this case, you may simply notify a U.S. consulate that you are a permanent resident so that your spouse and/or children can apply for an immigrant visa.


    Your spouse and/or children may be eligible for following-to-join benefits if:

    The relationship existed at the time you became a permanent resident and still exists, AND
    You received an immigrant visa or adjusted status in a preference category

    I Want To Ask, Would Me(33 Years Old) And My Younger Sister(23 Years Old) As Children Of My Mother Would Be Eligible To Apply For "Immigrant Visa" Immediately With My Mother And Father(Also A Beneficiary Of Immigrant Visa With My Mother).

    Regards,
    Ali Murtaza.
     
  7. layali

    layali Registered Users (C)

    Hello,
    I would really appreciate some light to my situation.

    I am a Canadian Permanent Resident. My husband - who works in US, sponsored me for a green card through Follow to join procedure. I was called for the IV interview @ US Consulate in Montreal on May 2010, to which the IO placed me under administrative processing.
    Now, 16 months waiting for admin Processing to clear, I have become eligible to apply for Canadian Citizenship. If I apply for it and visit US with a Canadian Passport, will it complicate matters? (my US IV process is based on my Kenyan Passport/Citizenship).

    Thank you for your time.
     
    Last edited by a moderator: Aug 7, 2011
  8. naanu

    naanu Registered Users (C)

    I know this probably has been answered countless number of times. I tried to go through first 15 pages then another 15 pages from 50 onwards. But really could not find the answer. I want your valuable opinion on this.
    We had been outside the country and my dates were current. So my wife came back on June 5th and was admitted on H4 status. I did not come with her. She applied for I-485 immediately. But the problem is, I later got an email saying my case has been approved on June 1st, under emplyment category, which kind of invalidates her status. I dont know what her case would go through now? Infact even my online status says June 5th, notice was sent. But my GC says June1st approved.

    Do you think its risky to wait and watch for her application. She got her 485,eadand AP reciepts. Do you think an FTJ is a better option, if so is it a simple interview process, or do we have to apply for I-824 also, which takes a lot of time. Please let us know your opinion. I have my GC in hand!! What are my next steps? :(
     
  9. sunn1000

    sunn1000 Registered Users (C)

    Hi,

    To answer your question: Applying for the Canadian citizenship should not screw up your pending application. But, to be on the safe side, I would wait if I were you as you. Also, you cannot travel to U.S on a VWP (after Canadian citizenship) as the CBP will deny entry based on the fact that you are married to a U.S LPR. Also, I heard that Canadian citizenship process takes 12-15 months by which time, you will get your LPR.

    Can you please throw some light the Follow-to-join procedure (FTJ) at Montreal as I am about to file for my wife. Do you need to apply via the National visa center (NVC) and also, did your husband file for I-824?

    I would really appreciate if you PM me so that I can get some info on the FTJ procedure. Good luck with your petition.

    Best regards.
     
  10. BigJoe5

    BigJoe5 Registered Users (C)

  11. siqubal

    siqubal New Member

    My wife's green card denied: Is her old Advance parole still valid? Is there anything we can do?

    Hi,
    I filed my I-485 in 2002 and got married in Jan 2005. My wife came here on H4 because I maintained my H1 and my lawyer filed her green card as "follow to join". I got my green card in May 2005. We got an RFE for her in June 2005 and replied promptly. Her case became current last month and then denied her green card. I am waiting for official letter for the reason but in the meantime have some questions for the experts here.

    1. What happens to her EAD and advance parole? Is it no longer valid?

    2. I think we can file a motion if there is an option. if we did file a motion, would it reactive her advance parole and EAD so she can use it?

    3. I am a citizen now. We are also thinking of filing a fresh application under the "spouse of a US citizen" category. In the form I-131 and I-485, there is a column for A#. If I apply using her old A#, can we use her advance parole then?

    Any help would be highly appreciated?

    Regards,
    Shaheen
     
  12. layali

    layali Registered Users (C)

    an important qstn please..

    Hello all,
    I acquired(by Follow to Join procedure)my green card 9 months ago through my husband(his GC through work).
    He is eligible to apply for citizenship 1 year from now. My qstns are :

    1- When can I apply citizenship? is it same time like him, or after 3 years(marriage-based), or 5 years(like him)?
    2-I heard about removing conditions through GC marriage base- does this apply to me?
    3-are there any conditions if i travel out of the country for 1month with my GC to visit family back home?

    I know these qstns might sound dumb, but couldnt find answers to these online. Thank you for your time.
     
  13. stmykael

    stmykael Registered Users (C)

    How did u get your GC by follow -to-join procedure. Can u elaborate more on that procedure
     
  14. layali

    layali Registered Users (C)

    We had lived in US throughout my husband's PhD and PostDoc so we self sponsored ourselves for greencard through his education experience. We were called out for interview but I was out of the country and couldnt make it to the interview. He did. He was approved by the officer instantly and received his gc on March 29 2009. I was still out of country and was advised that my H4 is not valid anymore since he has greencard. So he sponsored me (we've been married 11 yrs), and the process took 6 months(document submitting till interview) + 1year(background check). Finally i was cleared in December 2011 and crossed the border with my Immig Visa same December 2011. Received GC from mail 3 weeks later.
    I will appreciate answers to my qstn above. Thank you have a great day.
     
  15. KengHM

    KengHM New Member

    Notification of applicant readiness and application for immigrant visa and alien registration

    Good morning. My CR-1 petition was approved last August 22. Then i received a packet notifying me that i should complete the requirements such as the NSO birth certificate, NBI Clearance and the like.

    Included also in the packet was the instruction to send the the Notification of applicant readiness and application for immigrant visa and alien registration after i complete the said requirements. Can i send it through LBC or i have to submit them personally in Manila, Pihilippines? :)

    Thank you for the reply/ies! :)
     
    Last edited by a moderator: Oct 4, 2012
  16. Filiph1

    Filiph1 New Member

    following to join for child

    i am eligibly for following to join benefits?
    i am unmarried, 17 years old.
    my father got greencard through employer. this summer
    father is divorced.

    and my other question
    how long does it take after payment fees to NVC
     
  17. Jhardy

    Jhardy New Member

    Remaining in the USA with I-130 pending GC

    Is it possible, for a spouse, to remain in the USA, with a I-130 and spouse naturalized, both from El Salvador, whilst she awaits filing for a GC...what would be the ideal next steps...suggestion from gov is to file a I-601A and have her deported, only to file, in her 'home' country, away from her family, here, in the USA.
     
  18. ASIST

    ASIST New Member

    Certified Translation of Personal/Immigration Documents

    Certified Translation of Personal/Immigration Documents
    (Birth Certificates, Transcripts, Diplomas, Marriage Licenses, Medical Records Etc.)
    Over 200 Languages--Over 25 years in Business
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    Over the phone, via fax and computer
    Typical 2-4 day turn-around or Rush Requests
     
  19. GKI

    GKI New Member

    I got a dv visa and moved to U.S in 2013, during the time of entry of my details i was single,now i want to marry.After marrying,does the Visa covers my incoming wife and my unborn children?. If yes,what document do i need to access such a right and move my incoming wife to U.S?
     
  20. Britsimon

    Britsimon Super Moderator


    Your DV visa cannot confer any benefit at this point. However, as an LPR (Green Card holder) you are able to sponsor your future wife but it will take some time - it is a lot slower and more expensive than the DV process.
     

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