I have applied for my I 485 ( AOS ) for me and my family. I have a valid visa till May 2005. My family had to go back to India after filing the AOS and do not plan to come in for the next couple of years - i've filed for the AOS for them too. Is there any way that I can apply or change my family's aplication to FOLLOW TO JOIN , so that they can come in after my GC is apporved. ( I know that they have to go to the consulate in India for furhter interviews etc). Any help or advice would be appreciated.
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Follow to Join
- Thread starter vinsus
- Start date
fast_gc_seeker
Registered Users (C)
what is follow to join? could u please explain
fast_gc_seeker
Registered Users (C)
what is follow to join? could u please explain
fast_gc_seeker said:what is follow to join? could u please explain
When primary applicant files for I-485, but his/her spouse/child is living aborad (home country) and cannot file I-485 with primary applicant. In that case, follow-to-join (consular processing) can be filed on the basis of existing relationship before GC approval (got married before GC aproval or child was born/adopted before approval). For example, spouse is working on another country and he/she cannot join his/her family for AOS in USA immediately. Or child is studying in another country and cannot join with parent for AOS.
vinsus said:I have applied for my I 485 ( AOS ) for me and my family. I have a valid visa till May 2005. My family had to go back to India after filing the AOS and do not plan to come in for the next couple of years - i've filed for the AOS for them too. Is there any way that I can apply or change my family's aplication to FOLLOW TO JOIN , so that they can come in after my GC is apporved. ( I know that they have to go to the consulate in India for furhter interviews etc). Any help or advice would be appreciated.
I hope you explored all other avenues and eventually decided for FTJ. FTJ takes time - couple of months after your GC approval. Basically she cannot enter USA before and immediately after GC approval (unless she her own valid visa to reenter). For FTJ she needs to withdraw her I-485. You can sit quiet and let USCIS assume that her case abandon - but I don't think that's a nice way to deal this situation.
fast_gc_seeker
Registered Users (C)
pralay said:When primary applicant files for I-485, but his/her spouse/child is living aborad (home country) and cannot file I-485 with primary applicant. In that case, follow-to-join (consular processing) can be filed on the basis of existing relationship before GC approval (got married before GC aproval or child was born/adopted before approval). For example, spouse is working on another country and he/she cannot join his/her family for AOS in USA immediately. Or child is studying in another country and cannot join with parent for AOS.
has FTJ be done only if dependent is outside US?
can CP be done on somebody already inside country on H4?
fast_gc_seeker said:has FTJ be done only if dependent is outside US?
can CP be done on somebody already inside country on H4?
Of course CP (not just FTJ, but general CP) can be done who are already on H4. Some people go to CP path to void long wait in 485 stage.
Regarding FTJ, it can be pursued for a spouse who is already in USA, but that does not make sense. It's normally pursued for them who are unable live in USA for long period of time due to various reasons - job, family issue, study or even immigration issue. For example, in case of "vinsus" (the creator of this thread), her spouse cannot come to USA for years. Normally, AP should cover that issue (assuming visa is already expired). But AP is valid for only one year (and it should be obtained while living in USA). If spouse can come to USA once in a year, apply for new AP and go back again after he/she receives that, that way spouse can keep 485 alive. But for some spouse, that might not be a possibility - because AP takes more than a month to get approved.
On the other hand, keeping visa valid (like H1/H4) another way to keep 485 alive because there is no one year restriction.
fast_gc_seeker
Registered Users (C)
pralay said:Of course CP (not just FTJ, but general CP) can be done who are already on H4. Some people go to CP path to void long wait in 485 stage.
Regarding FTJ, it can be pursued for a spouse who is already in USA, but that does not make sense. It's normally pursued for them who are unable live in USA for long period of time due to various reasons - job, family issue, study or even immigration issue. For example, in case of "vinsus" (the creator of this thread), her spouse cannot come to USA for years. Normally, AP should cover that issue (assuming visa is already expired). But AP is valid for only one year (and it should be obtained while living in USA). If spouse can come to USA once in a year, apply for new AP and go back again after he/she receives that, that way spouse can keep 485 alive. But for some spouse, that might not be a possibility - because AP takes more than a month to get approved.
On the other hand, keeping visa valid (like H1/H4) another way to keep 485 alive because there is no one year restriction.
what is difference between FTJ and CP?
I know what is CP but still not sure about purpose of FTJ.
fast_gc_seeker said:what is difference between FTJ and CP?
I know what is CP but still not sure about purpose of FTJ.
FTJ is CP. There are different types of CPs - for example, some people choose not to pursue 485 route and go for CP. FTJ is already explained in earlier post - when one person got green card either thru CP or 485, but his/her spouse/child(ren) could not join immediately with him/her for green card processing, then spouse/child(ren) can join later thru CP.