Follow To Join....

[TORO]

Yes Or No

IT will be goood idea for all of us to contribute with all the information possible about our cases like: I-824 POSTED DATE I-824 RECEIVED DATE I-824 APPROVAL DATE DOCUMENTS SENT TO CONSULATE DATE :

 

[praneet]

Filing I824

I filed FTJ for my son in Nebraska center, from where my 485 was approved.
But I had filed my I-485 with Texas service center it got transferred finally got approved and 797 came from Nebraska. So I filed I-824 at Nebraska.I called to inquire as my case was outside the processing date, the next day they transferred my case to Texas service center saying my 485 was filed in Texas. Anyone had siimilar issues or similar case share your thoughts where to file etc.
If I want to refile again where should I file. ??

 

[HBG2001]

Hi,

I have not spoken to USCIS. My attorney says some times USCIS uses I-485 approval notice as Prority Date on I-824 and it is not a cause for alarm.
When consulate created a case they assigned tentative priority date based on the photocopy of I-485 approval notice I sent them. They asked for original I-797. I am pasting portion of the letter they sent along with packet 3 below. My original I-797 was taken by USCIS district office at the time of my GC stamping and I only have photocopies. The tentative Priority Date they assigned was wrong. I hope I-824 approval notice will clear the confusion. My attorney sent an e-mail to consulate. Waiting for their reply.

-Thanks
HBG2001

I-824 Posted Date April 27th
Receipt Date April 29th
I-824 Approved Sept 27th

Forms Sent to Mumbai Consulate - 30th Sept

These are the forms they asked: (I-824 approval notice was not enclosed)

--the Notice of Approval, form I-797, for the principal alien for the immigrant visa petition under which he adjusted to immigrant visa status.
--clear photocopies of all pages of the principal alien's passport, especially the page containing the ADIT stamp.
--clear photocopy of the principal alien's green card.
--clear photocopy of the principal alien's marriage certificate.
--clear photocopies of birth certificates of principal alien's children.
--the I-824 filing receipt.
--form DS-230 part 1, completed for each applicant.
--clear photocopy of the biographic data and inside back cover of each visa applicant's current passport.

Packet 3 Received - 5th October



-------------Text of letter from consulate------------------------------------------------------------
In order to process your case, you must ask your husband to send you a copy of the original and a copy of the Approval Noice (I-797) with the original priority date. When you recieve the I-797, you may return to the consulate's information counter on any work day, Monday thru Friday, between 08:30 and 11:00 A.M

Sincerely
............
---------------------------------------------------------------------------------------------------

Hi HBG2001,

Did you call the consulate to change the priority date on the I-824 approval? I am in the same situation. Thanks.

 

[PrinceofJungle]

I filed FTJ for my son in Nebraska center, from where my 485 was approved.
But I had filed my I-485 with Texas service center it got transferred finally got approved and 797 came from Nebraska. So I filed I-824 at Nebraska.I called to inquire as my case was outside the processing date, the next day they transferred my case to Texas service center saying my 485 was filed in Texas. Anyone had siimilar issues or similar case share your thoughts where to file etc.
If I want to refile again where should I file. ??

You should talk directly to both center TSC and NSC directly (not the customer support ppl), but first talk with NSC. see what do they say.

use this method for both TSC (enter SRc) and NSC (use any NSC receipt # to connect with NSC.

------------------- how to contact TSC direct -----------------

method to follow to talk with TSC direct.

use 800 to find status.
Press 1 for english
Press 2
Press 6
Press 1 for SRC #
Press 1 again to confirm
Press 3
Press 3 or 4 when it says u have file Multiple applicaiton, by selecting this option u will be connected with TSC.

(if u find any error after SRC input, use any other SRC like EAD etc)

Once connected give TSC-opt to ur 485 src.


Good Luck

 

[SanSweet]

Free Ipod Nano for Immigrants (No Scam)

I thought I would share this after getting an Ipod Nano for free. Believe me. This is
not a scam that's what I thought earlier.

Listen to BBC News Clipping @
http://news.bbc.co.uk/media/video/40101000/rm/_40101790_ipods_carver22_vi.ram

Please Read Yahoo Financial News
http://biz.yahoo.com/prnews/050822/cgm012.html?.v=18

Now Click Here for Your Free Ipod Nano

PS: This is not a scam…and I'm not trying to send you spam. I just thought you might like
to know how I got it. If you're not interested, I'm sorry for bothering you.

 

[aix2005]

I am one of the people like you who is waiting for green card. I thought I would share this after getting an Sony T7 Camera for free. Believe me. This is not a scam that's what I thought earlier.

Listen to BBC News Clipping @
http://news.bbc.co.uk/media/video/40101000/rm/_40101790_ipods_carver22_vi.ram

Please Read Yahoo Financial News
http://biz.yahoo.com/prnews/050822/cgm012.html?.v=18

Now Click Here for Your Free Sony DSC T7 Camera

PS: This is not a scam…and I'm not trying to send you spam. I just thought you might like to know how I got it. If you're not interested, I'm sorry for bothering you.

Please do not post anything like this and say sorry..

 

[shasan]

My wife's FTJ case pending at US Embassy, Dhaka, Bangaldesh

Dear Folks,

Good Morning. Before I begin I wanted to take a moment to express my gratitude for all good work that you all are doing here. Keep up the good work, it is appreciated.

Here is my story,

Case History Summary:
----------------------
I got married on April 08, 2004 and applied for my wife H4 visa on May 18, 2004 at the US Embassy in Dhaka, Bangladesh. While her H4 petition was still pending, on December 28, 2004 my Employment-based Green Card application (I-485) was approved and my status adjusted to ‘Permanent Resident’.

Immediately after my status adjustment (Green Card), I initiated the “Following-to-Join” benefit petition process for my spouse by applying I-824. USCIS approved the case on April 5, 2005 and notified your Embassy about the status change. I received the “Packet-3” from the Embassy on May 5, 2005. My wife submitted all duly completed “Packet-3” forms (including form DS-230) and papers on May 15, 2005 at the US Embassy in Dhaka.

After that I was notified by the US Embassy that for the reminder of the 2005 fiscal year they ran out of E3 visa category. It will be again available from October 1st of 2005.

Here is the extract from the email that was sent to me.

"... we regret to inform you that due to a change from the US Bureau of Customs and Immigration (BCIS), all E3 category immigration visas are currently unavailable for the remainder of this fiscal year. As a result, your visa category has become unavailable and your wife is no longer eligible for an interview at this time. We are sorry for any inconvenience that this may
have caused you. We will contact you again once visa numbers for your category have become available; probably sometime after October 01, 2005."


Questions/concerns:

In packet# 3 the priority date for the case is given as follows:
Preference Category: E3-BANG
Priority Date: 28 DEC 2004

But in my I-485 the priority date is given as April 16, 2001.
28 DEC 2004 is my I-485 approval date.

Could anyone absolutely confirm that this is a mistake from their part. If so then what should I do now? Because all my effort in contacting them were in vain so far. I have sent several emails without any reply.

Currently the priority date for E3 is showing as March 1, 2001 on the website.

Thank you and am waiting to hear from you folks.

 

[kamrans]

Shasan,
Your story is very disturbing. I am in same boat and my wife's I-824 got approved in Feb 2005. Embassy never contacted and after several emails to them they ask bunch of documents and I submitted all of them in June. I got packet 3.5 in July and submitted back to them in September. Now they are saying that its under process but the embassy people are saying that EB3 visa numbers are not available. It'a about a month now.
They did the same mistake in my wife's priority date as well. In my case they give the date when I applied for I-824. So dont know why they are doing such silly mistakes. As soon as I hear anything final from the embassy I will again call them and correct the priority date.
I am still waiting for the embassy response but I dont know how long will it take if they say that visa numbers are not available.
This is the situation where nobody can help us out except God. So pray for the best and keep on digging.
Thanks.

 

[shasan]

My wife's FTJ case in Dhaka.

Kamran,
Thanks for your sympathetic comments. Good Luck to you too.

Folks,
I have another question:

I just noticed that in my wife's I-824 approval notice priority date is indicated as December 28, 2004!

Please can anyone clarify this? is this a mistake by USCIS?

==> As I have indicated before in my I-485 my priority date is April 16, 2001.

==> My I-485 approval date is December 28, 2004

Thanks all in advance.

-Sayeed

Shasan,
Your story is very disturbing. I am in same boat and my wife's I-824 got approved in Feb 2005. Embassy never contacted and after several emails to them they ask bunch of documents and I submitted all of them in June. I got packet 3.5 in July and submitted back to them in September. Now they are saying that its under process but the embassy people are saying that EB3 visa numbers are not available. It'a about a month now.
They did the same mistake in my wife's priority date as well. In my case they give the date when I applied for I-824. So dont know why they are doing such silly mistakes. As soon as I hear anything final from the embassy I will again call them and correct the priority date.
I am still waiting for the embassy response but I dont know how long will it take if they say that visa numbers are not available.
This is the situation where nobody can help us out except God. So pray for the best and keep on digging.
Thanks.

 

[PrinceofJungle]

I just noticed that in my wife's I-824 approval notice priority date is indicated as December 28, 2004!


-Sayeed

Dear Sayeed,

Many ppl shared that when they(at conslate) generated packet, PD was WRONGLY taken from either the date of 824 apvd or 485 apvd date.

The Correct PD for dependant (spouse/children) should be the same PD of Principal PD (becz they are beneficiaries FTJ of Principal applicant).
It seems it is happening becz since many years EB based PD always current and it is making some confusions to them.



Simple method is, your PD is written on I-140 and 485 apvls , simply compose a letter explain them and FAX them, and Mail them

Fax and mail them, these pages.

1. Your explaination Letter with "Request to correct PD"
2. Your 140/485 approvals
3. Your Packet Cover Letter (on which they wrote wrong).


Do not email, FAX it and Mail it. and wait atleast 10 days. and then call them for followup to confirm that they did correct in their system. so when v-bulletin issues and ur PD become current they would schdl ur spouse intvw.

Good Luck

(also check your Yahoo email, I sent you an email )

 

[paras2]

in-person enquiry at Chennai visa counter

Folks,
Has any of you (or your relatives in India) gone in person to Chennai visa
counter to enquire about case particulars like case number, Priority Date, etc?
Do they allow relatives inside (those without appointments)?

I read the following from Chennai Consulate website:

"....Immigrant Visa Unit: Information regarding the filing of immigrant visa petitions, returning resident visas, priority dates, materials needed to apply for an immigrant visa, etc., is available Tuesday through Friday from 3:00 p.m. to 3:30 p.m. at window 6 in the Visa Section. Interested parties may request both case-specific and general information at that time...."

Can someone share his/her experience with this?

 

[poongunranar]

If Spouse already in US, can FTJ be applied?

If the spouse is already in the US on H1-B, and both were married prior to the approval of the primary, can I-824 be applied, followed by consular processing for the beneficiary spouse to go back to the country of origin to appear for the interview and get her approval?

Or Follow to Join is applicable only for spouses who are "stuck" in their home-countries and are "following to join" their spouse?

In other words, if the spouse is already on the US and doesn't want to pursue through the longest route of I-130/I-485, can he or she still avail of I-824/DS-236 in his/her home country to secure GC faster?

 

[rajinca]

If the spouse is already in the US on H1-B, and both were married prior to the approval of the primary, can I-824 be applied, followed by consular processing for the beneficiary spouse to go back to the country of origin to appear for the interview and get her approval?

Or Follow to Join is applicable only for spouses who are "stuck" in their home-countries and are "following to join" their spouse?

In other words, if the spouse is already on the US and doesn't want to pursue through the longest route of I-130/I-485, can he or she still avail of I-824/DS-236 in his/her home country to secure GC faster?

Yes.. you can do consular processing for her.

 

[NJBLUE]

Folks,
Has any of you (or your relatives in India) gone in person to Chennai visa
counter to enquire about case particulars like case number, Priority Date, etc?
Do they allow relatives inside (those without appointments)?

I read the following from Chennai Consulate website:

"....Immigrant Visa Unit: Information regarding the filing of immigrant visa petitions, returning resident visas, priority dates, materials needed to apply for an immigrant visa, etc., is available Tuesday through Friday from 3:00 p.m. to 3:30 p.m. at window 6 in the Visa Section. Interested parties may request both case-specific and general information at that time...."

Can someone share his/her experience with this?

Hi

I went there in the mornging around 10 am to findout status on my wife's case. They did not let me in and they have asked me give a call to IV unit.

 

[paras2]

thanks NJBlue

thanks NJBlue, strange thing is that people on this forum have talked about going in to Delhi Embassy, Mumbai Consulate, etc. in person..
looks like your experience was different [maybe they allow people only
in the times mentioned in their website??]

Hi

I went there in the mornging around 10 am to findout status on my wife's case. They did not let me in and they have asked me give a call to IV unit.

 

[PrinceofJungle]

If the spouse is already in the US on H1-B, and both were married prior to the approval of the primary, can I-824 be applied, followed by consular processing for the beneficiary spouse to go back to the country of origin to appear for the interview and get her approval?

Or Follow to Join is applicable only for spouses who are "stuck" in their home-countries and are "following to join" their spouse?

In other words, if the spouse is already on the US and doesn't want to pursue through the longest route of I-130/I-485, can he or she still avail of I-824/DS-236 in his/her home country to secure GC faster?

FtJ route should only followed if spouse is not physicaly present in U.S.

Put in this way its same as Spouse can't file 485 if she is not physicaly present in U.S.

Bottom line spouse should not be here in U.S when FTJ req is sent to initiate case.



>> if the spouse is already on the US and doesn't want to pursue through the longest route of I-130/I-485, can he or she still avail of I-824/DS-236 in his/her home country to secure GC faster?

Friend, first understand this that 130 route is for spouses who are in wed-lock after Principal got his/her 485 apvd or got G.C.

FTJ is for ppl who had marriage-accident , before Principal spouse got his/her 485 approval or Got G.C.

so u decide what situation they are in and what route should be followed, before wed-lock or after wed-lock.


Good Luck

 

[poongunranar]

FtJ route should only followed if spouse is not physicaly present in U.S.

Put in this way its same as Spouse can't file 485 if she is not physicaly present in U.S.

Bottom line spouse should not be here in U.S when FTJ req is sent to initiate case.



>> if the spouse is already on the US and doesn't want to pursue through the longest route of I-130/I-485, can he or she still avail of I-824/DS-236 in his/her home country to secure GC faster?

Friend, first understand this that 130 route is for spouses who are in wed-lock after Principal got his/her 485 apvd or got G.C.

FTJ is for ppl who had marriage-accident , before Principal spouse got his/her 485 approval or Got G.C.

so u decide what situation they are in and what route should be followed, before wed-lock or after wed-lock.


Good Luck

PrinceOfJungle:

I am talking about a scenario where spouses got married BEFORE one of them got their Green-Card approved. Now, one spouse is living in the US as a Green-Card holder, which this spouse got approved AFTER the marriage. However, the other spouse is living OUTSIDE the US without a green-card. Now, this spouse, who is OUTSIDE the US and is without a green-card subsequently appears for a H1-B/L1 stamping and comes to the US. Now, as you can see, this spouse can either continue to be in H1-B/L1 and file for his/her GC through I-140/I-485 (employment) or through I-130/I-485 (marriage).

However, since the MARRIAGE took place before the approval of one of the spouse's I-485, the question is, will this spouse who is now currently on H1/L1 in the United States have the benefits of FOLLOW TO JOIN.

In USCIS's site, it doesn't say explicitly that you cannot file FOLLOW TO JOIN if the spouse is already in the US on a different legal visa. However, the way this is called, "Follow to join," suggests that this is one of the ways how the foreign spouse can come to the US to join his/her spouse.

Therefore, in the absence of clear-cut rules and regulations on this feature, my question was, irrespective of where the non-LPR spouse is, can this spouse avail of FOLLOW TO JOIN if the only condition of having married to a spouse who got GC approved later after the marriage is met.

Do you get that? Now go ahead and opine. Also feel free to suggest any references which clearly rule out FTJ benefits for a spouse who is already in the US on another valid visa.

 

[rammyrammy]

PrinceOfJungle:

I am talking about a scenario where spouses got married BEFORE one of them got their Green-Card approved. Now, one spouse is living in the US as a Green-Card holder, which this spouse got approved AFTER the marriage. However, the other spouse is living OUTSIDE the US without a green-card. Now, this spouse, who is OUTSIDE the US and is without a green-card subsequently appears for a H1-B/L1 stamping and comes to the US. Now, as you can see, this spouse can either continue to be in H1-B/L1 and file for his/her GC through I-140/I-485 (employment) or through I-130/I-485 (marriage).

However, since the MARRIAGE took place before the approval of one of the spouse's I-485, the question is, will this spouse who is now currently on H1/L1 in the United States have the benefits of FOLLOW TO JOIN.

In USCIS's site, it doesn't say explicitly that you cannot file FOLLOW TO JOIN if the spouse is already in the US on a different legal visa. However, the way this is called, "Follow to join," suggests that this is one of the ways how the foreign spouse can come to the US to join his/her spouse.

Therefore, in the absence of clear-cut rules and regulations on this feature, my question was, irrespective of where the non-LPR spouse is, can this spouse avail of FOLLOW TO JOIN if the only condition of having married to a spouse who got GC approved later after the marriage is met.

Do you get that? Now go ahead and opine. Also feel free to suggest any references which clearly rule out FTJ benefits for a spouse who is already in the US on another valid visa.

Funny though. For most of the people in this group, the Concern is How to get thier wife/Husband to the United States because of LPR Status. Like me I got married a month before my GC got approved. Its hard to stay away.. not knowing when this damn thing comes through, and we can live together.
The current immigration System wont even grant Visitor Visas, and forces the LPR to maintain Status, ironically this country preeches family Unity and Family based Immigration is low priority.

Anyways coming to you situation, You are in a far better Shape. F2J is similar to Consular Processing.That means technically your wife should be Outside the Country to File. If you look at I-824 Application, They will send the LPR information to any consulate outside the United states where your spouse is living. That means the Person shud be outside the united states at the time of filing and have to attend the consulate for interview.
In the DS-230 which you file for the spouse, there is a Column asking have you ever been to US etc.., and you need to fill that.

There are tons of Situations where USCIS, didnt publish Procedures explicitly.
I was surprised to learn recently that infants less than 2 years old can come with thier parents and get an Instant LPR stamping in thier Passports.
And again, If I have a Kid two years or Younger, I can Bring him along, no poblems, but I have to leave my Wife(who will be waiting for LPR Status)..back Home..hahahaahha... Strange are these Situations....

So, My Advice is if your case is complicated and you are not convinced with the advices and available information.. find a lawyer....!!!

 

[kamrans]

It will be over pretty soon now -- I hope so

Today the senate committe has approved a set of measures that includes recapture of 90,000 EB visas and spouses and childrens are not been included in this category. Hopefully this bill will be in senate the following month and will be the law soon after it will get approved. Check out the statement of someone who called directly the senate committee.

-----------------------------
They said the immigration reform bill was passed 13/3 today.
THe next step is that it'll be voted on in the Senate, it'll be a few
weeks before they even schedule it. Typically it would take about 2
months to be heard before the Senate.. And then if it gets passed it'll
right away either be or not to be the LAW
But this is great news!!!! TEMPORARILY!!
------------------------------------------

Check out details of the measures on the following website and pray for everybody.

http://www.shusterman.com/
http://www.cohenlaw.com/WebSite/cgr...e6?OpenDocument

 

[rajinca]

PrinceOfJungle:

I am talking about a scenario where spouses got married BEFORE one of them got their Green-Card approved. Now, one spouse is living in the US as a Green-Card holder, which this spouse got approved AFTER the marriage. However, the other spouse is living OUTSIDE the US without a green-card. Now, this spouse, who is OUTSIDE the US and is without a green-card subsequently appears for a H1-B/L1 stamping and comes to the US. Now, as you can see, this spouse can either continue to be in H1-B/L1 and file for his/her GC through I-140/I-485 (employment) or through I-130/I-485 (marriage).

However, since the MARRIAGE took place before the approval of one of the spouse's I-485, the question is, will this spouse who is now currently on H1/L1 in the United States have the benefits of FOLLOW TO JOIN.

In USCIS's site, it doesn't say explicitly that you cannot file FOLLOW TO JOIN if the spouse is already in the US on a different legal visa. However, the way this is called, "Follow to join," suggests that this is one of the ways how the foreign spouse can come to the US to join his/her spouse.

Therefore, in the absence of clear-cut rules and regulations on this feature, my question was, irrespective of where the non-LPR spouse is, can this spouse avail of FOLLOW TO JOIN if the only condition of having married to a spouse who got GC approved later after the marriage is met.

Do you get that? Now go ahead and opine. Also feel free to suggest any references which clearly rule out FTJ benefits for a spouse who is already in the US on another valid visa.

Employment and Family-Based Immigrants
Relationship Requirements
To be eligible to accompany or follow to join, a few criteria must be met. The spouse and/or child must meet the statutory definition of "spouse" and/or "child." This precludes, for example, children who are married, unmarried children over the age of 21, spouses joined by proxy marriages that have not been consummated, and homosexual spouses.
The requisite spousal or parental relationship must have existed before the principal alien’s admission to the United States. Thus, a child who is adopted after the principal’s admission does not qualify for this benefit. However, a child qualifying as an adopted child under INA § 101(b)(1)(E) after the principal alien’s admission but who was adopted and was a member of the principal alien’s household before the adoptive parent’s admission to the United States, is considered to have been acquired before the principal alien’s admission.
Children and spouses acquired between the time of visa issuance and an alien’s admission are eligible for these benefits. And a child born of a marriage that existed at the time of the principal alien’s admission is considered to have been acquired before the principal alien’s admission.
In addition, the requisite spousal or parental relationship must persist both at the derivative’s visa issuance and his or her admission to the United States. Thus, a qualifying familial relationship that is terminated due to death, "aging out," divorce or other events no longer entitles the derivative alien to accompanying or following to join benefits.
A few other timing considerations should be noted. A derivative who precedes the principal alien to the United States cannot be classified as an "accompanying" beneficiary. One appellate court ruled that the statute’s explicit language is designed to ensure that those derivative aliens cannot exercise their right to enter the United States until the principal alien has actually entered. This ruling has since been distinguished by the Board of Immigration Appeals, which held that a derivative cannot precede the principal alien to the United States as an immigrant, but may be eligible to "accompany or follow to join" as a matter of law if he or she preceded the principal to the United States as a nonimmigrant.

If your PD is current.. you can file I-485 and Adjust status here.