Follow-to-Join Question

K

kandy17

Registered Users (C)
Hi Friends,

This is regarding my brother's 485 case . He appplied I-485/EAD in the month of June2002 and after four months his H1 Expired and his employer asked him to work on EAD.In the mean time, my brother applied for Advance parole and it is approved.

Now the issue is :
1) Can he go to india, marry and add spouse on Follow-to-join category? ( Assuming that My brother's case is not approved as of now)
FYI: Spouse residing at India.
2) If Yes, what is the procedure?.
3) If yes, How much time does it take to approve her case.

What is the best way to proceed in this case?. Any valuable input is appreciated.
FYI: He is still working with the same employer who has sponsored his GC.
Thanks.
:confused:
 
Last edited by a moderator:
Desparately looking for valuable suggestions-Kandy
Originally posted by kandy17
Hi Friends,

This is regarding my brother's 485 case . He appplied I-485/EAD in the month of June2002 and after four months his H1 Expired and his employer asked him to work on EAD.In the mean time, my brother applied for Advance parole and it is approved.

Now the issue is :
1) Can he go to india, marry and add spouse on Follow-to-join category? ( Assuming that My brother's case is not approved as of now)
FYI: Spouse residing at India.
2) If Yes, what is the procedure?.
3) If yes, How much time does it take to approve her case.

What is the best way to proceed in this case?. Any valuable input is appreciated.
FYI: He is still working with the same employer who has sponsored his GC.
Thanks.
:confused:
Click to expand...
 
Since your brother is not on H1 anymore, he might not be able to bring his spouse here on H-4. But since they were married before he got approval for his 485, she might be eligible to apply for I-485. I think that in absence of H-4 she might be eligible for a consular processing 485.
This is purely a guess, and I am not a lawyer. Please talk to a good lawyer about this.
GC_impatient
 
Since your brother is no longer on H1, he cannot bring his spouse on H4 immediately. But he can go for FTJ ( basically CP) for his spouse. For which he has to first apply for I-824 to intimate the consulate in India so that a case No. can be made available..

There is a very detailed thread on 'Follow to Join' in Family Based Green Cards.. Read thru it and you will have a fair idea of what should be done.. Process is now taking anywhere from 8-12 mos.

-solicit
 
Thanks Guys

GC_Impatient, Solicit,

Thanks for your information. I will dig more into it from the forums.

Kandy
 
You must log in or register to reply here.
Top