Follow to Join

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Luiz

Registered Users (C)
I think with retrogression and all the time that takes to get a green card there are probably a lot of people with this problem. Questions:
Does follow to join I-824. Requires the spouse to wait for Visa Availability?
If the petitioner can't travel. Can the spouse came here on turist visa get marry and go back to their country while petitioner waits for Green card/retrogression?
 
Yes your spouse needs the visa number to be available. No visa will be granted based on the fact that her immigration petition is going on and the intention is to live here on permanent basis.
Its the same case as mine. She is waiting for the visa number and is getting no visa.



Luiz said:
I think with retrogression and all the time that takes to get a green card there are probably a lot of people with this problem. Questions:
Does follow to join I-824. Requires the spouse to wait for Visa Availability?
If the petitioner can't travel. Can the spouse came here on turist visa get marry and go back to their country while petitioner waits for Green card/retrogression?
Click to expand...
 
Hey Kamrans, I spoke with my lawyer and he said otherwise. He said that I must file I-824 as soon as I get my green card. That it should take about 6 months to process than she just have to go to the consulate in our home country. He said no Visa Availability wait after my greencard. Is he wrong? Do you have your greencard already and your wife is waitting for visa availability?
 
Does anyone knows if this is consulate making a mistake? Is there any law explaining how I-824 approval should be handled?
 
Seems like lot of confusion about this. Here is the USCIS link that describes the whole process:
http://uscis.gov/graphics/howdoi/appproc.htm

The practical process it:
1) File the I-824 for your wife/husband. Some people say that after your approval of green card. I would say that I filed before my approval and both got approved at the same time.
2) When you file the I-824 you can send all the related documents to your consulate so that they can create the case number. See my old postings to get a list of documents that needed to send.
3) As soon as you send them the docs they will send your spouse packet 3.5 depending on your PD is current or not. If its current they will schedule the interview after they receive packet.

So the PD needs to be current if you need an immigrant visa and yes your lawyer is wrong as I already have the green card and 824 approved and case created in embassy but they are asking me to wait until the visa number is available.

Let me know if you have some other questions.
 
Visa numbers are available based on PD. So what PD are they considering if you already have a greencard. The date you filed I-824 is the PD for your spouse?
 
kamrans said:
Seems like lot of confusion about this. Here is the USCIS link that describes the whole process:
http://uscis.gov/graphics/howdoi/appproc.htm

The practical process it:
1) File the I-824 for your wife/husband. Some people say that after your approval of green card. I would say that I filed before my approval and both got approved at the same time.
2) When you file the I-824 you can send all the related documents to your consulate so that they can create the case number. See my old postings to get a list of documents that needed to send.
3) As soon as you send them the docs they will send your spouse packet 3.5 depending on your PD is current or not. If its current they will schedule the interview after they receive packet.

So the PD needs to be current if you need an immigrant visa and yes your lawyer is wrong as I already have the green card and 824 approved and case created in embassy but they are asking me to wait until the visa number is available.

Let me know if you have some other questions.
Click to expand...


But USCIS website says
"This means that you do not have to submit a separate Form I-130, Petition for Alien Relative, for your spouse, and your spouse will not have to wait any extra time for a visa number to become available"

That means visa number doesn't matter isn't it?
 
What I told you is correct. The information on this website never got changed if there is a change in policy or something.
You do have to wait for the visa number to become available. Also there are some restrictions to apply for I-824 check those as well. Not everyone can apply for I-824.
Call USCIS and DOS and get the clarification. I am telling you whats going on.


*** said:
But USCIS website says
"This means that you do not have to submit a separate Form I-130, Petition for Alien Relative, for your spouse, and your spouse will not have to wait any extra time for a visa number to become available"

That means visa number doesn't matter isn't it?
Click to expand...
 
Visa Number

Everybody has to wait for Visa number to be available.
Only expception is US citizen's Spouse.
I am on the same boat.
Just make sure that Embassy guys put your priority Date on her application, otherwise they always screw up the dates. I personally droped an email to embassy with case number as subject and told them to correct the Priority Date on her application.

PD = Jan2001 (worldwide)
Good luck
 
Even i am in the same situation as everybody else. :( My wife has recvd packet 3 from the consulate. But they won't schedule interview until PD becomes current (PD - EB3, Oct 2001). I wish they change this rule and not make FTJ's wait for a visa number!!!!

Does anybody know how much time it takes for an interview to be scheduled once the PD becomes current?
 
They are supposed to get back to you in 3 weeks. and usually when they send you the letter they give you the interview date which is about 1-2 months far from the date of receipt of the interview letter.

Thanks

Saleel Gadgil said:
Even i am in the same situation as everybody else. :( My wife has recvd packet 3 from the consulate. But they won't schedule interview until PD becomes current (PD - EB3, Oct 2001). I wish they change this rule and not make FTJ's wait for a visa number!!!!

Does anybody know how much time it takes for an interview to be scheduled once the PD becomes current?
Click to expand...
 
How did you prove to them your priority date? Did you send a copy of your labor certification request (Form ETA 750)? For EB3 people, the date you file ETA 750 is the PD.
Thank you all in advance for being so helpfull in clarifying this.

I am trying to pick between my fiance coming here on a turist visa getting married here and filing a I-485 to amend to mine; or coming here on a turist visa getting married and going back to our home country until I get the green card and file a I-824.

Anyway, one think is for sure, we must get married before the GC gets approved otherwise is a nightmare.
 
ok ..FTJ is after your Green card (remember) .. if you don't have GC yet then No FTJ ..
Ok ..lets say you got your GC and you got married before your GC.. Steps are
You file I-824 with USCIS center,.. Once I-824 get approved, they (USCIS) send the cable to the embassy whichever you mention in I-824 Form. And you will also get the copy.
Once you have the approved I-824, write a personal letter, mention I-824 Case number and explain that you are requesting the Follow to join benefits for you spouse and also send some other supporting documents like copy (front and back pages) of you passport and GC (front and back) .. if no card yet .. then copy of passport page with I-551 stamp.
Once they receive your letter they will send Packet3 to your spouse to the address mention in the
form I-824.
Well frankly speaking ... in my case, they sent packet 3 as soon as they got the Cable
From texas service center (I-824 approval). But i also sent them the letter requesting the FTJ benefits.
Once you and your spouse sent the filled packet 3 to embassy back they will create the case number, now don't forget to ask the priority date (they always screw this) on this case.. and make sure they assign your PD to your spouse case.
Your Priority Date will be mention on Approved I-824 form. Embassy will be having the copy of it(CABLE).
 
Kamrans

KAMRANS:
Please check the personal message box of yours and reply to my personal box. Thanks.
 
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