Follow to join GC for the spouse

C

crazygal

Registered Users (C)
I have H1 validity till August 2009. My spouse has h4 validity till August 2009 and went to India in June 2007. And now I got my GC. My marriage(2003) took place before my I-485 got approved. I think my wife may be able to use the "follow to join" route to get her GC via a consulate in India. Right now she is in India. What should I do now? How can I apply for her in order to come united states. When I checked the attorneys here they said that she should come either on her own merit(H1 or F1) or I need apply for her GC and wait for five years or wait until I get my citizenship and apply for her and might get within one yr which might take 6 yrs. I am so devastated, worried and what not??

I heard just last night about "follow to join" route might work within a yr which gave me so much strength. How should I proceed this? I really appreciate all your opinions. I don't know whom to consult. when I approach lawyers here they are not helpful. Please drop some inputs and I will be blessed. :confused:
 
crazygal said:
I think my wife may be able to use the "follow to join" route to get her GC via a consulate in India.
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Yes. You need to file an I-824 to forward her case to the local consulate.

When I checked the attorneys here they said that she should come either on her own merit(H1 or F1) or I need apply for her GC and wait for five years or wait until I get my citizenship and apply for her and might get within one yr which might take 6 yrs.
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Those attorneys are idiots. Don't use them.
 
Thank you very much TheRealCanadian. I owe u one. So can I just fill the form I-824 on my own and mail to the US consulate, chennai, India? Do u know how long will it take to get her gc if I apply this by next month. I am going to India next month. So I can apply when I am there.

U r so kind to assist me. I can't tell in words how nice I felt when I read ur response. Thanks again.
 
I am going thru same process. As TheRealCanadian said Mail I824 to Service cetner where your I485 was sent to and you don't need to use lawyers. If the consulate is Mumbai they won't ask for I-824 approval so it would be much faster than other consulate offices.

Good Luck

crazygal said:
Thank you very much TheRealCanadian. I owe u one. So can I just fill the form I-824 on my own and mail to the US consulate, chennai, India? Do u know how long will it take to get her gc if I apply this by next month. I am going to India next month. So I can apply when I am there.

U r so kind to assist me. I can't tell in words how nice I felt when I read ur response. Thanks again.
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Thank you both. So all u r saying is mail the I-824 form to TSC(as they transferred to Texas from Vermont)? And what do I apply to Mumbai consulate? Am I suppose to go personally or I should send my wife. Sorry with stupid questions, but I want to be clear before I do on my own.

Thank you all for your help. U guys r like water in the dessert.
 
And also one more question. I-824 should be applied by my wife right? I was just looking the form and was thinking.....I know it should be my wife but again....
 
Thank you LucyMO.

What documents do I need to submit along with 824? what is the Texas Service Center address? Actually applied thru VSC and they transferred to TSC. Since I got approval from TSC, I am guessing I should submit 824 to Texas SC.

Thanks again for ur time...
 
Thank you TRC.

The I-824 instructions said to send copy of the original application, does this mean completed 824 copy??
And also copy of Form N-550, Certificate of Naturalization, where can I get this from??
Can anyone give their personal emailid so that I can confirm with them after completing the 824 form before I send to INS?

Thanks in advance.
 
Can anyone please send me the sample I-824 form. I am not clear about part 2 and part-3. I think part 2 should be checked C and notify TSC as my GC is approved from that SC.
And in part-3
1)Type of petition: I- 485
Filing date of petition: I -485 received date?
2) Current/Most recent Immigration status: I -485 approved
Naturalization/citizenship number ???
3) Information of my spouse.

Please correct me and assist me, I really need to apply this asap.

And documents to be send with 824:
1) 485 original petition
2) 485 approval
3) Marriage certificate

Please throw some light.....
 
This is what I got from my attorney:
*******************************************
As I mentioned previously a follow to join petition can be filed for your spouse. However, after reviewing your case with our main immigration attorney she indicated that your wife will be subject to the current retrogression of green cards. Due to the fact that you received your green card on the basis of an EB-3 preference category and India being the country of birth, current retrogression is listed as 22-Apr-01. That would indicate that green cards would not be available for another six years.

Based on the above it will be years before your wife can enter the U.S. based on your green card status. She may be able to enter of her own accord if she can find a U.S. employer willing to sponsor her and then wait for H-1B’s to become available in October of 2008. The only other alternative to get her in the country now might be as a student enrolled at a U.S. university.

******************************************************************

Is the above true??? I just had a hope since yesterday after reading all this thread and now, I heard about the above. Please guide me...

Kamrans or Judex and etc, I need ur help please....
 
crazygal said:
Due to the fact that you received your green card on the basis of an EB-3 preference category and India being the country of birth, current retrogression is listed as 22-Apr-01. That would indicate that green cards would not be available for another six years.
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The attorney is an... oh, never mind. What is YOUR priority date?

They're right in the sense that if your priority date is no longer current then your wife cannot get an immigrant visa, but it's not going to be six years and the I-824 will at least get the process started.
 
crazygal said:
What??? Oh no.......I am so nervous... Priority date is June 2003.
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Alright, here's the deal. The dates are retrogressed and your (and therefore your wife's) PD is not current. However, TSC takes up to six months to process an I-824, so you might as well file now and pass the time while she's not current. Once June 2003 is going to be current for EB3 India, then NVC will get started on her case.

Send in a copy of your marriage certificate, and a copy of your I-485 approval. No originals.
 
Thank you TheRealCanadian. I did apply 824 to Texas Service Center yesterday. Do I need to wait until I get the receipt notice? Or Can I contact Chennai Embassy??? I am going to India during last week of Oct. Is permanent Resident card is Greencard? Do I need to show this while I go thru immigration? can I go Chennai consulate while my stay in India for my spouse(follow-to-join)? My priority date is June 2003.

Please guide me...
 
crazygal said:
Do I need to wait until I get the receipt notice? Or Can I contact Chennai Embassy???
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Unless your PD is current, you do nothing. You can certainly travel to see her, but I doubt anything will happen until the I-824 is approved, the case gets transferred to NVC and your PD becomes current again.
 
TheRealCanadian said:
They're right in the sense that if your priority date is no longer current then your wife cannot get an immigrant visa, but it's not going to be six years and the I-824 will at least get the process started.
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It definitely wouldn't be 6 years, 'cos by then you would most likely have your USC and could sponsor your wife under IR1 category.
 
Thanks for both TRC and boatbod.

As informed I applied 824 to TSC last week. Also I emailed my situation to Chennai consulate stating the follow up for my condition. I got the following response and thought to share with u all:

For following to join cases, we need confirmation of principal applicant’s Legal Permanent Resident Status (LPR) from the United States Citizenship and Immigration Services (USCIS). We do not have any information on your case.

To process the case further, please send the following certified (attorney or notary) copies to our office.

1. Copy of I-797c of approved I-824 or Copy of I-797c of approved I-140;

2. Copy of permanent resident's I-551 (better known as green card, both sides);

3. Complete copy of principal applicant's passport with evidence of admission as Legal

Permanent Resident.

Also, please include the copies of marriage certificate, visa applicant's birth certificate, complete local address in India and DS-230 Part I. And you may mail them to us.

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The question is for "Complete copy of principal applicant's passport with evidence of admission as Legal Permanent Resident", I didn't travel yet with my GC, but planning to travel during this month. Do you guys think I should mail to Chennai consulate after I return from India or Can I do now??? If I do now, how can I show the evidence of admission as Legal Permanent Resident??? And also do I need to submit my birth certificate or my spouse's???

Please help me out....
 
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