Anyone know about it!

P

PrinceofJungle

New Member
Hello friends

I will appreciate if Anyone like to share or advice

TSC
PD: 03/01
140: approved 10/03
485 RD 03/03
485 ND 03/03

Here is the case.
I-485 is in pending from begining of 2003. it would take few years to approve, wife is in south Asian county. I am principal applicant,

In I-140 and I-485 already mentioned Marriad status and info about spouse.

How can she join me, What options I have?

Would this case be considered, that Wife should wait 3 more years after my 485 approved. or the condition would not applied on this case......

what pettition would be submited after my 485 approves ?

Can anyone tell differenct the case A and B what will happen with spouse case. when

A: one person marry after getting GC. when she can join?
b: one person already married and get GC. when she can join?

Is there anyone who has similar case..... please share ur experience.....

please reply.

P.O.J
------------------------------
Always Smile
 
Last edited by a moderator:
Hi there,

Congratulations on I140 approval. Can you tell ius about your I140 RD.

According to my lawyer, you can get your wife here with out having to wait for long, as long as your 485 is not approved. I am not sure about the exact procedure. Talk to your lawyer.

Goodluck
 
Thanks for reply,

the I-140 Cat EB3, RD July 02 approved after painful 14 months later, RFE issued about Education or work experience eqvl.


Well, I learned thourgh attorney that to submit the pettition for wife u must be either Citizen or aproved 485 (P,Resident). aditional advised not to change job and don't leave country until 485 approved. I am sure he was unaware about AC-21 to chage of employment after 180 days when 485 in pending.

Please share ur experience. Anyone???????

Any Advise??? or anyone has similar concern?????


P.O.J
 
Hello friends

I will appreciate if Anyone like to share or advice

TSC
PD: 03/01
140: approved 10/03
485 RD 03/03
485 ND 03/03

Here is the case.
I-485 is in pending from beginning of 2003. it would take few years to approve, wife is in south Asian county. I am principal applicant;

In I-140 and I-485 already mentioned Married status and info about spouse.

How can she join me, what options I have?
----- if you are on H1 status then she can get H4 visa based on your H1B status and can enter USA on H4 visa , when she enters US on H4 visa file her I-485 that will be linked to your pending I-485 and she will get GC with you. If you are NOT maintaining H1 status (used EAD) then you have to file her petition follow to join and she has to wait out of US and she has to appear at US consulate in your home country. The third option for you is if you don’t have H1 status then get NEW H1 approved, go to your home country get your H1b visa stamped and her H4 stamped bring her to US and file her I-485 before your I-485 gets approved.

Would this case be considered, that Wife should wait 3 more years after my 485 approved. or the condition would not applied on this case......
---- if you I-485 is approved and you get GC and later apply for her it can take more than 3 years
what petition would be submitted after my 485 approves ?
---- this Not the best option for you
Can anyone tell differenct the case A and B what will happen with spouse case. when

A: one person marry after getting GC. When she can join?
---- After 4-5 years
b: one person already married and gets GC. When she can join?
--- Follow the above info provided
Is there anyone who has similar case..... please share ur experience.....

please reply.

P.O.J
------------
Always Smile
------ for what reason?
 
Thanks for reply,

No that is not H1 Status, this is 245(i) case, working on EAD.

anyone like to share ???????

P.O.J

----------------------------
Always smile.........:)
 
Last edited by a moderator:
Thanks all


Yes I will.

ohhh btw... ginnu


>>P.O.J
>>------------
>>Always Smile
>>>>------ for what reason? (ginnu wrote)


because smile makes u feel better. it won't solve ur porblem but take u out of stress. so always smile. not sure may be u heard

if u worry it double your trouble

P.O.J
 
I would suggest you to File follow to Join, and not wait untill you get your GC and then apply for her. As you have read that it will take 4-5 years if you apply for your wive's petition after you get your GC. Just apply for her Follow to Join now.
 
Originally posted by guju
I would suggest you to File follow to Join, and not wait untill you get your GC and then apply for her. As you have read that it will take 4-5 years if you apply for your wive's petition after you get your GC. Just apply for her Follow to Join now.
Click to expand...

This is not correct. The 4-5 year wait occurs only if the marriage took place after the GC was approved.

You cannot file FTJ until the I-485 is approved.
 
Originally posted by ALI4d
Try for apply visit visa,
Click to expand...

With the intention of promptly filing an adjustment of status. That's blatant immigration fraud, and even an ajudicator who just fell off the turnip truck could spot it.

Of course, so could a consular officer, so that visa would never get issued.
 
Educate me TheRealCanadian,

So if I am married before the 485 is approved, then I file FTJ after the 485 gets approved, and my spouse can come to US lot quicker than 4-5 years?

In orther words, she has to wait for 4-5 years, only if I already have my GC and then decide to get married?

So FTJ is filled after the 485 is approved, and not before?
 
Originally posted by guju
So if I am married before the 485 is approved, then I file FTJ after the 485 gets approved, and my spouse can come to US lot quicker than 4-5 years?
Click to expand...

If memory serves correctly, the immediately family members (spouse + children) of an individual obtaining an immigrant visa are considered derivative applications, and automatically get an immigrant visa at the same time. (The numbers get taken out of the same pool, I believe.)

My wife, for example, will get her GC at the same time as me because she qualifies as a derivative. She does NOT need to use the FB2 category for spouse of GC holder, since the marriage was done before GC/IV approval. Now, her case is relatively simple since she is in the US with me on an H-4.

What happens if the spouse is outside the US? That's where "Follow to Join" comes in; it allows derivative applicants to follow their spouse/parent to the US to join them. Again, it's for derivatives, so the usual FB2 priority date wait will not apply.

There are two caveats to this: first, the dependent relationship must exist at the time of GC/IV approval (so that they can be considered derivative beneficiaries) and the GC must have been approved. You cannot file an FTJ application if your I-485 is merely pending. I'll explain why below.

In orther words, she has to wait for 4-5 years, only if I already have my GC and then decide to get married? So FTJ is filled after the 485 is approved, and not before?
Click to expand...

That's correct. If you marry even a single day after the GC is approved, your spouse falls under FB2, needs an approved I-130 and then needs to wait for her date to become current (or more practically, waits 3 years from the I-130 filing date and then applies for a V visa.) If you get married even as late as the day before the GC is approved, she's a derivative and doesn't need the I-130 or the priority date wait, and you can file FTJ for her.

Now, the process of filing FTJ involves filing an I-824 at your Service Center, telling them about your spouse/children and requesting that NVC issue them immigrant visas. The I-824 form is "Action on Approved Petition". Note my emphasis, the I-824 cannot be use to act on a pending petition, so you'll need to wait until the I-485 is approved. Also, the wait times for I-824s are pretty abysmal at a lot of Service Centers. After the I-824 is approved, it's a few months for NVC to send out Packets 3 and 4 and get the interview scheduled.

It's always preferrable to bring your spouse in on a dual-intent visa like L or H, then file the AOS here in the US. However, in our original poster's case, it looks like he's a 245i case, and has no H status. Additionally, if he's subject to the 3/10 year bars, he can't leave the US until the I-485 is approved.

So basically, wait until the I-485 is approved, then file the I-824. Total wait time might be in the 12-16 month range.
 
Hello,

I Like to thank you for both 'TheRealCanadian' and guju. for brief reply.

I believe and thought the same as TheRealCanadian describe. about I-824. a couple of month ago I asked my attorney and he was not sure he told me she would need to wait 3-4 years. I disagreed what he said I asked him to research about.

I am not sure about I-130 need to be filed or not. but this is true since the 485 is in pending the person is not eligable to sponser any relative. once got approved 485 then he/she can apply for spouse parents unmarried childern as first periority.


Yes RealCanadian this case is 245(i) can't leave US before 485 approval.

I strongly believe this conversation will help ppl who have simillar issue and situation. there is no dought when family seprates everyone in painfull situation.

I am patiently waiting for case result. it looks it would take a couple of year and hope everything would be fine.

Thanks again for both of u. and I really appreciate if someone join or share thier experience who already has gone through this process.

Thanks
hope this year would bring good news for all of us.

May God Help you all in ur difficult times

P.O.J
 
Originally posted by PrinceofJungle
I am not sure about I-130 need to be filed or not. but this is true since the 485 is in pending the person is not eligable to sponser any relative. once got approved 485 then he/she can apply for spouse parents unmarried childern as first periority.
Click to expand...

If you are already married then your wife does not require an I-130. She is eligible as a derivative - this is an important difference and saves a lot of time. If she does not require an I-130, she is not subject to priority date waits, since her visa will be taken out of your pool, which is employment-based.

Second, you make an inaccurate statement regarding sponsorship. A permanent resident CANNOT sponsor his or her parents for a Green Card. Only a US citizen may do so.

Yes RealCanadian this case is 245(i) can't leave US before 485 approval.
Click to expand...

I have two questions - first, why did you file 245i? Are you subject to the 3/10-year bars because of overstay, or were you merely out of status? Are you not eligible for 245k?

Second, what are your wife's qualifications? Would she be eligible for either an H or an L based on her own merits?
 
Just for your info my friend applied Follow to join for his wife from Chennai India consulate. It took 10 months for the process to complete. He belongs to Vermont service center.
 
About I-130. I believe its clear now that don't need to be filed in this case.

PR can sponser spouse or childern not parents thats true . I agreed. (I wrote wrong )

Two question's answer.

1. Not sure it is 245(i) or what but case is over stay.
2. Spouse is graduate. what steps needs to apply for H and L visa? any idea. (I understand I may need to find employer for her )

Thanks.


Hey Tammy2
would u grab some more detail about the process this would be appreciated. did u friend applied after 485 approved? what other documents were required for that.


P.O.J
 
Last edited by a moderator:
Originally posted by PrinceofJungle
1. Not sure it is 245(i) or what but case is over stay.
Click to expand...

If it's an overstay, then there's a possibility that the 3/10-year bars apply. Best not to travel unless you are 110% sure that your overstay was less than 180 days.

2. Spouse is graduate. what steps needs to apply for H and L visa? any idea. (I understand I may need to find employer for her )
Click to expand...

An L visa would involve her working for a company in her home country (or some other country outside the US) for a year, then transferring to the US division of that same company.

She's best off with an H; she needs to find an employer willing to sponsor, and a job that has a bachelor's degree as its minimum requirement. There is no $1000 H-1B head tax anymore, so the filing fee should be quite reasonable.
 
Hello TheRealCanadian,

Yes, Attorney also strickly advised not to leave/Travel aboard untill 485 is approved.

About H visa I would try my best . btw what is difference Hi,Hib,H2 H???.


thanks .

P.O.J
 
Originally posted by PrinceofJungle
Hello TheRealCanadian,

Yes, Attorney also strickly advised not to leave/Travel aboard untill 485 is approved.

About H visa I would try my best . btw what is difference Hi,Hib,H2 H???.
P.O.J
Click to expand...
They are different categories based upon type of work you are going to do. Seasonal worker , Agriculture worker, Nurses , specialty workers etc. You can get different types at WWW.USCIS.GOV .

Most of us are covered by H1B which specialty worker.
 
So while one's 485 is pending, he/she goes back home and gets married, then the only way his/her spouse can come here is
1. they applies for H4 (if I have valid H1)


If one is not on H1, i.e. used EAD and is travelling on AP, then the spouse can only come if
1. they gets their own H1 approved
2. Primary applicant regains H1 Status, and then spouse can come on H4
3. Wait till my 485 is approved and then spouse can FTJ


Is my understanding right?

So it means that one should hold on to their H1 if they plan to get married! And he/she defenitly should get married before 485 is approved, or else wait for 3+ years.

Bummer!
 
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