Follow to Join - How much time it will take ?

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CoolDesiDude

Registered Users (C)
I am in AOS stage and got recently married . When i went to stamping for both h1/h4 it got rejected so i came in AP .My lawyer advises to use follow to join to bring my wife.

Did any of you know how much time it will typically take to bring the spouse in follow to join cases

Pls advise ...thanks
 
CoolDesiDude said:
I am in AOS stage and got recently married . When i went to stamping for both h1/h4 it got rejected so i came in AP .My lawyer advises to use follow to join to bring my wife.

Did any of you know how much time it will typically take to bring the spouse in follow to join cases

Pls advise ...thanks
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Depends on the country she lives. Every consulate takes its own time. Anywhere between 6 months (some EU countries) to 2 years.
 
I read that its ok to apply in the chennai consulate with just the i-824 receipt ?. Can anbody give a rough estimate how much time it will take from sending documents until one gets approved . thanks
 
My understanding with Follow to join is once you got approval then u can apply for her using 824 Follow to join

the 824 form u can also find on uscis.gov web site in forms section read complete instruction. with 824 You will need to send your approval noitce of 485+ affidavit + Employment letter+ W2+taxreturs. check the uscis web site


Also

Please read this thread about F2J

http://boards.immigration.com/showthread.php?t=117527

for Chenani....... many ppl shared their exp

read this link (search links)

http://boards.immigration.com/search.php?searchid=232504&pp=25&page=2


or - using search button type 'F2J' 'follow to join' or 'chenanni'

I remember I have read many ppl exp using that procedure FROM chenani.

the one of person from chenani shared (I remembered)
that after his 485 he quickly submitted 824 and he did not wait for 824 approval but he got receipt of 824 and he sent all doc mention above (plus his GC copy both side) to there in chenanni consulate. and created the case (thats good Idea I like that)... her spouse was lucky that they didn't required the 824 approval they processed her pettition with 824 receipt only she had orignal receipt and she was granted, she joined him within 6 months.... check his thread using search button 'follow to join' or 'f2j' read all thread . its there.... I remember the thread starts with title 'lets talk follow to join ' or somthing like that...not sure but if u find post the link for others .

Good luck to u friend
 
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My attorney told me that it is ok to file I824 before I485 gets approved. This could save some time in future.
 
Renneck

redneck said:
My attorney told me that it is ok to file I824 before I485 gets approved. This could save some time in future.
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Double confirm, If Your Attorney still saying this then either he doen't know or
time to renew his 'Attorney Certificate' has come.

My understanding with I-824 is
"Application for Action on an Approved Application or Petition"

Ask ur attorney how can he file 824 when 485 has not been approved.


Good Luck
 
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If you try at Bombay consulate you avail some advatages similar to AC-140 in which you can go for stamping with the receipt of I-140. Chennai consulate does not accept that.
 
Yoo hoo! I know it's late and I've probably missed something, but can we stop the FTJ train before it leaves the station and answer why the H stampings were rejected.

If the primary applicant is in bona fide employment with his H sponsor, then an H-4 should be possible and this is *much* faster than waiting for the adjustment to be approved and then doing the whole FTJ mess.

Why were the H stampings rejected?
 
Realcanadian , MY H1 was rejected because my salary in 2002 was less than mentioned in LCA . Anyway i am sending my wife for H4 again next month ...There is a chance they reject her H4 citing the same reason but there is a greater chance they approve it too ! .

If they reject her h4 , i dont have any chance than to wait for my 485 to approve and start follow to join :(
 
CoolDesiDude said:
Realcanadian , MY H1 was rejected because my salary in 2002 was less than mentioned in LCA . Anyway i am sending my wife for H4 again next month ...There is a chance they reject her H4 citing the same reason but there is a greater chance they approve it too ! .
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Hmmm. Can you clearly demonstrate that you are making the amount on the LCA now? Your wife's H-4 may be denied since I am unsure if you can satisfy a consular officer that you are in H status having used your AP to enter. It's worth a try, I guess.
 
Yea , except 2002 my salary for all other years are ok ...Also i dont think entering in AP will void H1 , i confirmed with many lawyers ...So only reason they may reject H4 for my wife is again on the salary issue !
 
CoolDesiDude said:
Also i dont think entering in AP will void H1
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Debatable. If you entered on AP then your I-94/entry stamp would have been marked as "AOS Status" which is not the same as H Status. Your status is whatever the POE officer marked based on the documents presented at inspection.
 
wik said:
Debatable. If you entered on AP then your I-94/entry stamp would have been marked as "AOS Status" which is not the same as H Status. Your status is whatever the POE officer marked based on the documents presented at inspection.
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Not necessarily. Even if officer writes "AOS..." and you have non-expired H1 stamp on your passport, usage of AP does not void H1. It's true that you are an AOS adjustee, but your H1 status is still valid. Keep in mind that AOS status is a transition state when you transform yourself from non-immigrant to immigrant status (that's why it's called AOS). It does not conflict with your valid H1 status until the day of approval comes.
And, AP - that's merely an entry permit. It does not define the status of an immigrant/non-immigrant after entering USA - not even when officer writes "AOS..." on I-94.

BTW, most of the immigration form has two fields -
1. current status
2. class of admission/type of last entry.
These two items are very difference between your status (H1/L1/refugee whatever) and AP.
 
pralay said:
Not necessarily. Even if officer writes "AOS..." and you have non-expired H1 stamp on your passport, usage of AP does not void H1. It's true that you are an AOS adjustee, but your H1 status is still valid.
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There are a bunch of memoranda that seem to indicate that if the H1 holder enters via AP and works for the petitioning employer only then he or she can extend H1 status like the H was used for entry.

However, we can argue this all we want on a message board, the only definitive answer is going to be what the consular officer thinks your status is.

Let's say he pulls your records and discovers that the same post denied your H stamp a few months ago. He's then going to be highly suspicious that you're not really in H status. You have an approved petition but no valid stamp; you therefore cannot be in H status in his mind and the H4 gets denied.

Since we're arguing a question of law, not a question of fact, you can actually appeal this decision, but it'll be lengthy and I'm not sure what kind of answer you will get. All of the memoranda on the subject date from the mid- to late 1990s and you don't have the trump card in all of this, an I-94 that states your status is H-1. Your I-94 has you as a parolee, if I recall correctly.

Again, I'm skeptical. I'd feel more comfortable if you either attempted to extend H status and got a new I-94 from USCIS reflecting the status, or went back and got a visa stamp with your wife. She may get approved - stranger things have happened, but I wouldn't put a lot of money on it.
 
PrinceofJungle said:
Renneck
Ask ur attorney how can he file 824 when 485 has not been approved.
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That's the point. You file it, and they either approve them both or attach it to your I485 case and approve it along with I485.
My attorney actually filed it for me and they didn't reject it despite the fact that I485 is not approved yet.
 
redneck said:
That's the point. You file it, and they either approve them both or attach it to your I485 case and approve it along with I485.
My attorney actually filed it for me and they didn't reject it despite the fact that I485 is not approved yet.
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The I-824 is called "Action on Approved Petition". Despite the fact that seemingly this cannot be filed until the adjustment is approved, it probably makes sense to file the I-824 as soon as you can, simply because of the vast amount of time it'll save you if it gets approved at the same time as the I-485.

You're making a bet. If you win, you've eliminated many months of separation between your spouse and yourself. If you lose, you're out $120 or whatever the filing fee is. That's a no brainer to me to at least try.
 
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