Follow to Join....

A

Ahmer123

Registered Users (C)
Folks,

I need some information on "Follow to Join" spouse's GC application.

Here is the scenario, I am at 485 completetion stage (RD Nov'01) and at the time of filing my 485 I was Single/Unmarried. Since, I am still on H1, I can expedite my marriage process and get her H4 stamped.

I was told by my lawyer that at the same time (before my GC approval), I can file her "Follow to Join in" petition, which takes roughly about 1 year after which she will get her immigrant status.

I wanted to find out:
A) What "Follow to Join" means?
B) How much time it takes to complete?
C) Is what my lawyer telling me correct?

Thanks for your help.
 
lawyer is right!

:eek: Your lawyer is right. I filed for my wife 3 months after filing I-485. You should better hurry up or you are in deep trouble. If you don't marry in another month, your wife will have to go through family immigration which could take years. It is not nevessary to file I-485 of your wife immediately but it is necessary to marry (with a proper marriage certificate) before your case is approved. I would suggest that instead of applying I-485 for your wife and wait for 1 year, you should better go for consular processing in her case which will be much faster.
 
you need to get

married BEFORE your approval. So leave now! If you get married before the approval, its not neccessary to bring her along with you if that might be a problem. But its absolutely neccessary that you have a marriage certificate that states that your wedding date was before AD.

Otherwise it will take years.
 
Re: you need to get

People,
Do you realize that you are advising the guy to rush into a decision that is likely to have an effect on his life? I have a question for all of you: So what if the wedding takes place AFTER the approval? Can't the spouse come over on F1 or H1? (Well, H1B may be tricky given the economic situation and all and F1 is subject to non-immigration intent; but that is only as long as the girl gets a valid I94...after that, she can marry a greencard holder and continue to be on F1, right?)

Originally posted by patienceGC
married BEFORE your approval. So leave now! If you get married before the approval, its not neccessary to bring her along with you if that might be a problem. But its absolutely neccessary that you have a marriage certificate that states that your wedding date was before AD.

Otherwise it will take years.
Click to expand...
 
Its not like

he doesnt know who he is going to marry. I am assuming he HAS decided who he has to marry. And if he has then he has to marry as soon as possible to get his wife here. F1 is hard enough as it is so you can imagine how easy it will be for her to convince she will come back when her husband is a green card holder! Same for H1. Getting H1 is not that easy either with the current economy. So unless he wants to live away from his wife for 2-3 years he has to get married as soon as possible.

I am the last person to advise anyone to marry someone they dont know. I am still single and even after all the warnings and "advice" to get married before the GC, I feel that I shouldnt be forced nor should I rush.

just for the record... I didnt rush anyone on the decision process but just on the execution;)
 
Last edited by a moderator:
Re: Its not like

Originally posted by patienceGC
he doesnt know who he is going to marry. I am assuming he HAS decided who he has to marry. And if he has then he has to marry as soon as possible to get his wife here. F1 is hard enough as it is so you can imagine how easy it will be for her to convince she will come back when her husband is a green card holder! Same for H1. Getting H1 is not that easy either with the current economy. So unless he wants to live away from his wife for 2-3 years he has to get married as soon as possible.

I am the last person to advise anyone to marry someone they dont know. I am still single and even after all the warnings and "advice" to get married before the GC, I feel that I shouldnt be forced nor should I rush.

just for the record... I didnt rush anyone on the decision process but just on the execution;)
Click to expand...

LOL! You're like, "C'mon! Hang him and get it over with!"
But seriously, dude, even if you know or have an idea of whom you are gonna marry it is not a good idea to rush into things, in my opinion at least.
I inserted a little caveat to the F1 flexibility -- if the two can postpone their wedding until AFTER she comes over on an F1, perhaps they can avoid all the hassles at the consulate and at the port of entry.
 
If

you are on death row and no appeals/pardons left, you might as well get into the express lane than going thru the painful process of waiting for it!
 
Re: you need to get

Originally posted by patienceGC
married BEFORE your approval. So leave now! If you get married before the approval, its not neccessary to bring her along with you if that might be a problem. But its absolutely neccessary that you have a marriage certificate that states that your wedding date was before AD.

Otherwise it will take years.
Click to expand...

Hi,
What do you mean by "ts not neccessary to bring her along with you"
If you get married before Approval that is fine.

How cab I get her here? What are the options

Just wanted to know if you are on EAD and get married before AD you are saying I can bring spouse in an year by filling "Follow to Join"

Thanks
DECRd
 
Re: you need to get

Originally posted by patienceGC
married BEFORE your approval. So leave now! If you get married before the approval, its not neccessary to bring her along with you if that might be a problem. But its absolutely neccessary that you have a marriage certificate that states that your wedding date was before AD.

Otherwise it will take years.
Click to expand...

Hi,
What do you mean by "its not neccessary to bring her along with you"
If you get married before Approval that is fine.

How can I get her here? What are the options

Just wanted to know if you are on EAD and get married before AD you are saying I can bring spouse in an year by filling "Follow to Join"

Thanks
DECRd
 
Yes thats what I read

Of course since I am not a lawyer I dont know the "exact" law.

But from what I have heard and seen on this board, if your MarrD is before the AD, you can get your wife on follow to join.

Thanks
 
Re: lawyer is right!

Originally posted by nrmurli
:eek: Your lawyer is right. I filed for my wife 3 months after filing I-485. You should better hurry up or you are in deep trouble. If you don't marry in another month, your wife will have to go through family immigration which could take years. It is not nevessary to file I-485 of your wife immediately but it is necessary to marry (with a proper marriage certificate) before your case is approved. I would suggest that instead of applying I-485 for your wife and wait for 1 year, you should better go for consular processing in her case which will be much faster.
Click to expand...


Can any one please explain how to apply for a counsular processing for wife. If MY GC is not aprroved how can I do that for her. Mine is AOS Case.
 
Marriage certificate...

Thanks a lot guys, this was really helpful.

To answer some of the questions:
- I agree that this decision should not be rushed, that is why I filed my 485 without thinking twice.

- I think I know who I am going to marry and that is why these questions.

- I spoke to my lawyer, he says get married first, get GC approved second, file the follow to join in petetion and she will be here within next 6-8 months, which is OK.

Question is, what is a proper "marriage certificate" and since I am planning to get married from India, where do I get this from.

Also, what do I do after I get the Marriage certificate (which I fail to understand is what), do I file the application for her here or in US Embassy in India.

Thanks again.
 
Follow to join

Hello everybody,

I need help as well. I am currently in the US working on an L1 visa. My fiance is also working here, but on an H1 visa. My fiancee filed the I-485 and we are planning to get married before it's processed. My questions are:

1) My lawyer told me that if I follow to join on my fiancee's application, then I would have to start my own I-485 application and it would take the same time a regular application is taking. Can my application be processed with my fiancee's so I don't have to wait so long?

2) If I follow to join my fiancee's application, then I would apply for an EAD. Can I change jobs with the EAD (I am currently under an L1)?

3) If I follow to join, get the EAD (that seems to be fast) but my employment is terminated during my I-485 process, can I stay in the US or do I have to leave the country?

Thanks
 
Re: Marriage certificate...

I think you have to ask these questions to your lawyer. Marriage certificate means only one thing generally -- a certificate stating the validity of your marriage with your spouse, issued by a government or any other entity with appropriate authority.

In India, there is something called a "Registrar's office" -- cmon, haven't you ever heard of this before? Your traditional Indian marriage is not valid unless or until you register it with this office. They will issue a certificate at the time of registration (or shortly thereafter).

With the marriage certificate, you would establish a legal basis for your wife to enjoy the follow-to-join privileges. It is like an employment letter for your own 485. If your wife is residing in India at the time of application, I presume the attorney will indicate the case as a follow-to-join and request it to be processed at the consular office with proper jurisdiction. Perhaps "follow-to-join" may actually require the spouse to reside abroad -- i don't know; if anyone has a better knowledge, please share it here -- so it will by default mean a consular processing.


Originally posted by Ahmer123
Thanks a lot guys, this was really helpful.

Question is, what is a proper "marriage certificate" and since I am planning to get married from India, where do I get this from.

Also, what do I do after I get the Marriage certificate (which I fail to understand is what), do I file the application for her here or in US Embassy in India.

Thanks again.
Click to expand...
 
Follow to Join in and questions...

Folks,

I have done some digging and spoken to a few good lawyers. Here is what I have found so far:

- It 100% legal to file "Follow-To-Join" petition for your spouse.

- The Petition can only be files once you have your GC approved and you were married before the approval Date.

- As long as that is valid, you can file I-824, "Follow-To-Join" for your spouse and opt for CP or AOS if the spouse is here in US.

- CP process if much shorter then other because:
A) You do not need you I-824 to be approved by INS.
B) You only need the reciept notice, which takes typically a month or less.
C) You can then download all the Packet3 forms and send them directly to the Consulate you want to apply to. for example New Delhi, Chennai etc.
D) The consulate there will get your spouse a Visa Number and ask her to come for Interview.
E) Spouse will be asked to produce Marriage certificate, Photographs, invitation card, medical etc.
F) Spouse will be granted an Immigration Visa, which will be checked at the INS Couter at the Airport, where they will finger print.
 
Has anyone successfully experienced working with only the I-824 receipt instead of the I-824 approval? Will every consulate buy the receipt or only the ones which have dealt with it more often such as the Channai?

Anywhere more information is available?

wy
 
where to file 824

where to file I 824
My friend's I 485 was approved from arlington after interview.

RD sept 2001
Transfered to Local INS at Nov 2002
Approved date 14 Feb 2003

His wife and kids are back home. NOw he need to file I 824 for them. He is confused where to file I 824 , either Arlington office or Vermont serivce service.

Does anybody has idea.

Thanks in advace!!!
 
It is stated in the I-824 form that "File the application with the INS center or office that approved the original application or petition". So in my opinion the Arlington Office.

Just an opinion. Not legal advice.

wy
 
I am deperately in need of some help. I can not find my situation in any of the boards. I am a US citizen and moved to the UK to marry a UK citizen nearly 2 years ago. We have been married 1 year in May.I want to come back home and bring my husband with me. I have filed an I-130 in England but I do not qualify for the affadavit of support because i dont reside in the US.No hope of getting a joint sponsor. Is it true that we can move back to the US and file a I-485 right away without having to file the I-130 first? If so, do I need to cancel my I-130 here? Also because I was married in the UK do I need to get married again in the US? How long will it be before my husband gets approval to work if we do it this way? Please help, desperate to get home to my children. Sorry so lengthy.. oynetwork.com
 
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