“Following to Join” through consular processing.

dazed

New Member
Hi everyone,
Just want to see if any of you have filed for “Following to Join benefits” through consular processing. Please share your experience/opinion. Here is my situation.

I have been waiting for my EB I-485 approval for over 2 years now, and am thinking about marrying a guy who is here in the states on his B-2 visa. Could we get married here before my AOS approval, and submit the “following to join benefits” application through the consular office? He would not be able to file his I-485 here, since he has an important engagement to attend shortly. AP is probably not an option either, since he has to leave promptly.

Question:
1) By getting married here in the States, would he be violating his “intend” for visit?
2) I have read the procedures on USCIS website. Is I-824 necessary? Could he just bring my original I-485 approval notice to the consular office and request for an immediate action? There is a 6-month backlog the last time I check.

Thanks.
Dazed
 
Thanks Unitednations...

My H-1 has expired, and switching my AOS to consular processing is probably not a good idea, since I have responded to an RFE nearly 2 weeks ago.

I think the (6 month to 1 year) wait is imminent. I just want to make sure if we are not going to violate any of the "following to join benefits" requirements, especially that he is here on his B-1 visa.

Gurus, please shed some light...

Thanks,
Dazed
 
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