follow-to-join experts please help.

Y

yoda

Registered Users (C)
hi guys,
i am waiting for my 485 interview. i recently got married but as i am using EAD and AP, i can't bring my wife over on H4. I'll have to opt for follow-to-join process.

my lawyer says that i should take the for I-824 (Action on approved petition -- used for follow-to-join) at the time of interview. when i asked him if we should notify the BCIS at this time, he said the BCIS wouldnt entertain this form before my own case is approved. But I am a little nervous with notifing the BCIS at the very end.

Guys please help me with this one. Can I send the form I-824 before my own approval? If I can't use that form, what procedure/forms should I use to notify them?

Thanks
 
Originally posted by yoda
Can I send the form I-824 before my own approval?
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An I-824 is an "Action on Approved Petition". Until your I-485 is approved, there is no petition for them to act upon. Can you not get an H-1?
 
fOLLOWING TO JOIN

Yoda,
My advise is not to take the F`ollowing to Join` route. I was in the similar situation. I sent an email to Bombay embassy about the processing time and method for this route and they said they will not process the case untill they get an I-824 (INS's intimation to them.. my number may be write or wrong). Then I checked with my lawyer how long it takes to get the I-824 approved from (then) INS and he said 11 to 12 months. I am sure this time is increased with all the current backlogs. SO you are basically looking at 12 to 15 months period to get your spouce here after your approval of I-485. Is it worth it? I simply got back and appied for premium processing H1B (keeping my I-485 current). GOt that in 25 days, went to Bombay embassy, got H4 in one week and back with the spouse next day on plane. I waited someone to tell me for this one freeking year! Hope you don't wait that long. YOu can have I-485 AOS and H1B status (dual status) at the same time without compromising your AOS time. Hope this helps
 
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I-824 before I-485 approval

You can send the I-824 form before the approval of I-485. Be sure to write a cover letter requesting them to inform the appropriate consulate once your underlying petition gets approved so that you can file a FTJ application. On a separate sheet of paper, you should include the name and other details of your spouse/children for whom you are filing the FTJ.
From the looks of things, I-824 takes pretty long to get approved so chances of your I-824 being picked up before your I-485 approval are quite remote (this is based on ur RD/ND. I am not factoring the delay due to the transfer in ur case). Good luck!
 
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