Follow to join instead of transfer from F1 to F3.

#1
Hello there,

I am waiting for my green card petition to be approved. I am in F1 category as an adult son of U.S. citizen. I am planning to get married. It is known to me that if I get married my application would be moved to F3 category as a married son of U.S. citizen which would add about 6 years to the wait according to the Visa Bulletin.

However I just read about “Following to join” which really confuses me. It says: Follow to Join does not require a separate immigrant petition and does not require the applicant to wait for a visa to become available. You don't need to file Form I-130 to take advantage of the Follow to Join process.

So is it possible if I marry before I become permanent resident under F1 category I could just use “follow to join” option for my wife to come right away instead for us to wait for years in the line under F3 category?

Thank you very much for your help.

Richard
 

SusieQQQ

Well-Known Member
#2
Hello there,

I am waiting for my green card petition to be approved. I am in F1 category as an adult son of U.S. citizen. I am planning to get married. It is known to me that if I get married my application would be moved to F3 category as a married son of U.S. citizen which would add about 6 years to the wait according to the Visa Bulletin.

However I just read about “Following to join” which really confuses me. It says: Follow to Join does not require a separate immigrant petition and does not require the applicant to wait for a visa to become available. You don't need to file Form I-130 to take advantage of the Follow to Join process.

So is it possible if I marry before I become permanent resident under F1 category I could just use “follow to join” option for my wife to come right away instead for us to wait for years in the line under F3 category?

Thank you very much for your help.

Richard
No, that’s a misunderstanding of the FTJ principle. As soon as you get married you would move to the F3 category.
 

newacct

Well-Known Member
#3
Hello there,

I am waiting for my green card petition to be approved. I am in F1 category as an adult son of U.S. citizen. I am planning to get married. It is known to me that if I get married my application would be moved to F3 category as a married son of U.S. citizen which would add about 6 years to the wait according to the Visa Bulletin.

However I just read about “Following to join” which really confuses me. It says: Follow to Join does not require a separate immigrant petition and does not require the applicant to wait for a visa to become available. You don't need to file Form I-130 to take advantage of the Follow to Join process.

So is it possible if I marry before I become permanent resident under F1 category I could just use “follow to join” option for my wife to come right away instead for us to wait for years in the line under F3 category?

Thank you very much for your help.

Richard
If you marry before you become a permanent resident (i.e. when you enter the US with your immigrant visa), you no longer qualify to immigrate in the F1 category, and you are now in the F3 category (and your wife can immigrate as your derivative beneficiary when you immigrate; she can either "accompany" you or "follow to join" at any time after you immigrate).

If you marry after you become a permanent resident, your wife does not qualify to immigrate as your derivative beneficiary. She cannot "follow to join". You must petition her separately, or she must immigrate some other way.
 
Top