Follow To Join....

[kamrans]

Check below for your answers:

Hi,
Along with the form I824 im submitting the following documents
1.I797 Notice of Action

What notice of action. There are many.

2.and a letter stating that im applying for follow to Join for my wife at chennai consulate and i will be mentioning her address in India in that letter.is there anything else which needs to be mentioned in this letter.Does anyone have a sample for this letter.

Don't go with sample letter. Just mention that this is for FTJ and the address here in USA is ..... and the address in India is ......

3.Are any other documents required to be submitted while filing the I824.

Check for the requirements of I-824 and don't send them anything else.

In I824 form
In Part 1
1.would the address be my US address ,
Yes

2.The company or organization name would it be the company who sponsored my GC or would it be N/A.

This is conflicting. I mentioned the place where I am working right now. Some people say that it should be the company who applied for GC. Pick your choice.

3.IRS Tax # in part1 :would this be N/A

This should be your tax identification number.

In Part 3
1.Type of Petition or Applciation: I485
Yes

Receipt Number:Receipt number of my I485
Yes

Filing date of Petition :Receipt Date of my I485
Yes

Appproval Date: Approval date of my I485
Yes


2.Give the following information about the petitioner or applicant for the original petition or application.(This would be my details i guess)

Yes.

Current/Most Recent Immigration Status :LPR
Yes

Naturalization/Citizenship Certificate Number : None

3.Give the following information about the principal beneficiary of the original petition or application.(again i assume these will be my details)

Yes

Name ,Home Address,Mailing Address.

The address to be mentioned here would be my US address again right

Yes.

Can someone please verify if this is correct

 

[kamrans]

It varies from consulate to consulate. Normally its around two months.

Good Luck.

thanks for that info. thats what I need, I just thought that I should have the documents ready on hand before I can send the DS-2001. How many months are in between the date you sent the packet3 and your interview date?

 

[gette]

to chay

we sent the packet 3 back...may 9, it became qualified per the embassy may 15. they sent us packet 4 june 21 and may husband received it last week. his interview in manila will be on sept 18 so thats like 3 mos. i think thats long compared to the others on this thread...i dunno y!!!!

 

[judex]

Sample Letter

can anyone post a sample letter stating that you are applying for Follow to Join...

thanks...

 

[judex]

when do we need an attorney?

guys,

need your comment on this...

let us say there is no problem with my papers: is it possible to Do It Yourself? or do i need to hire an attorney for the follow to join process...

i'm eyeing on the cheapest way to do it...

thanks!

judex

 

[archer747]

Hello Kamran ... thanks for taking time and answering every ones questions.

I have few too. 1). The packet booklet syas that I need to give I-134. is this correct I am confused with the I-864.
2). Tax returns ... only the most recent one will be ok?
3). Job letter should be from my current employer?


Thanks

 

[chay]

we sent the packet 3 back...may 9, it became qualified per the embassy may 15. they sent us packet 4 june 21 and may husband received it last week. his interview in manila will be on sept 18 so thats like 3 mos. i think thats long compared to the others on this thread...i dunno y!!!!

thanks gette and kamran for your help....I've already sent the packet3 today and hope that before the interview date I'll be able to receive the police certificates from all the countries I used to live. I'll give you feedback on my case.

 

[judex]

consular processing...

need you help guys,

can anyone explain to me what is consular processing? is it the green card processing? or just the immigrant visa only?

my wife did not go to the I-485 process for her green card, her employer told her that they did the consular processing for her.

how it will affect my case: Follow to Join? Does it mean my wifes GC was approved before our marriage? Now this a prob big problem its thats the case...

thanks,

judex

 

[HBG2001]

Follow To Join

Hi Judex,
If an applicant gets married before I-485 approval but can not add spouse to the adjustment of status application (I-485) before he/she gets I 485 approval then Follow To Join is the way. This happens when spouse is not in US at the time of I-485 approval. Follow To Join is an easy process. The consulate of your country will guide you what need to be done. Or you can find enough responses in this fourm. You can do it yourself , if your case is clear. BTW, If your wife is going for Consular Processing are you added in the application? What is your status? Pl. give details for further replies.

-Thanks

need you help guys,

can anyone explain to me what is consular processing? is it the green card processing? or just the immigrant visa only?

my wife did not go to the I-485 process for her green card, her employer told her that they did the consular processing for her.

how it will affect my case: Follow to Join? Does it mean my wifes GC was approved before our marriage? Now this a prob big problem its thats the case...

thanks,

judex

 

[kamrans]

It's pretty easy and you can do it yourself. Otherwise the lawyer will charge $500. This is what I paid. It varies from lawyer to lawyer.

Good Luck.

guys,

need your comment on this...

let us say there is no problem with my papers: is it possible to Do It Yourself? or do i need to hire an attorney for the follow to join process...

i'm eyeing on the cheapest way to do it...

thanks!

judex

 

[kamrans]

archer,
I just try to help others with the knowledge I have. Here are the answers to your questions.
I wish all the best to all of us. The prevailing situation in immigration is the worst one in American history.

Hello Kamran ... thanks for taking time and answering every ones questions.

I have few too. 1). The packet booklet syas that I need to give I-134. is this correct I am confused with the I-864.

There is no confusion. Its always I-134 in case of follow to join cases.

2). Tax returns ... only the most recent one will be ok?
The most recent one should be OK but what if they need it for the last three years. Better give it to your spouse so that she has during the interview.
3). Job letter should be from my current employer?

Yes. You should send your resume as well which shows the date of your previous employment. You wife should have the addresses and telephone numbers of the old employers.
You never know what they can ask during the interview so be prepared for everything.


Thanks

 

[kamrans]

You are confused about the 485 and conselar processing.
I-485 is the adjustment of status for people inside US. No matter what their status are but if they are eligible they can file it. It can be an H1 holder having I-140 approved or having student or other status but the spouse is having legal status like green card or citizenship. But they have to be here in USA physically to apply for it.
Consular processing is for people who are not here physically in case of follow to join. Sometimes people here inside USA also apply for conselar processing as this is faster then 485. In this case the primarry applicant gets his I-140 approved and apply for I-824 to get the immigrant visa abroad. Then he goes to that country and apply for the immigrant visa and gets it provided that the PD is current. You come here in USA on one time immigrant visa and you gets your GC in about a month.
In follow to join cases too you apply for conselar processing and your spouse gets it abroad provided that the PD is current and he/she gets his/her 824 approved. I-824 have some requirements to met. You can check the INS docs on it. Not everybody can apply for follow to join.

In your case what I predict is that your spouse is here and you are here as well and they are asking your wife to do the counselar processing. If you both are married then she can go and get her immigrant visa and for you as well. Check for the PD before you go otherwise you will be screwed.
I dont understand if you are here then why you cannot go for I-485. Though it takes time but this is the safe route.

Let me know if you have any additional question.

need you help guys,

can anyone explain to me what is consular processing? is it the green card processing? or just the immigrant visa only?

my wife did not go to the I-485 process for her green card, her employer told her that they did the consular processing for her.

how it will affect my case: Follow to Join? Does it mean my wifes GC was approved before our marriage? Now this a prob big problem its thats the case...

thanks,

judex

 

[judex]

to kamrans and HBG2001

thanks for the reply for the both of you guys...

here are some details of my case:

I'm here in the philippines and she is in maryland right now.

my wife left the philippines a month ago with an Immigrant Visa(EB3- Employment Based, Nurse). We got married 4 days before she left the philippines. I was not included in the process of her immigrant visa because we were not married that time.

when she arrived in detroit airport the immigration officer told her that she will receive her GC within 6 months, without filing the I-485. since we where confused why she will receive her GC even without filing the 485, we ask the company(employer) lawyer, she told my wife that she did the consular processing for her Immigrant Visa and her GC, that's why they did not file any I-485 for her. and the attorney said that i must have had accompany my wife on her interview in the US embasy, but we were not married that time...

now, does this mean her GC/LRP was approved before she leave the philippines? or just her Immigrant Visa was approved? does the processing of GC will only take place if you are already in the US territory? or even in our home country they can process her LRP even if she didnt enter the US territory?

thanks for the help.

 

[kamrans]

I understand your situation now. You guys did a big mistake. Since your wife's consular processing petition got approve before you both get married you are now not eligible for follow to join.
Your wife can now apply for I-130 for you which normally takes around 5 years or more depending on your home country.
When she took the approved petition (This is just the approved petition and the embassy has the right to issue you an immigrant visa or not. This is not LPR status nor a green card) to the embassy and embassy stamped the immigrant visa and she will get the green card here. When she enter here in USA then you can call her LPR or legal permanent resident which is her status and Green card is the proof of her status. Until she gets the GC the stamp on the passport is enough to prove the status.
Another thing you can do is to come here on visit or on student visa or on H1 and then she can marry you here with the prevailing laws and then you can file the adjustment of status I-485.
See which option works best for you. Let me know if I would be of further help.

Good Luck to both of you.

thanks for the reply for the both of you guys...

here are some details of my case:

I'm here in the philippines and she is in maryland right now.

my wife left the philippines a month ago with an Immigrant Visa(EB3- Employment Based, Nurse). We got married 4 days before she left the philippines. I was not included in the process of her immigrant visa because we were not married that time.

when she arrived in detroit airport the immigration officer told her that she will receive her GC within 6 months, without filing the I-485. since we where confused why she will receive her GC even without filing the 485, we ask the company(employer) lawyer, she told my wife that she did the consular processing for her Immigrant Visa and her GC, that's why they did not file any I-485 for her. and the attorney said that i must have had accompany my wife on her interview in the US embasy, but we were not married that time...

now, does this mean her GC/LRP was approved before she leave the philippines? or just her Immigrant Visa was approved? does the processing of GC will only take place if you are already in the US territory? or even in our home country they can process her LRP even if she didnt enter the US territory?

thanks for the help.

 

[judex]

To kamrans

thanks for the reply kamrans, hope there are other way...

i got this from immihelp.com:
You become a permanent resident the day you enter United States with immigrant visa. Until then, you are not permanent resident, even after you get immigrant visa.

with this statement, i can still be the beneficiary of follow to join... i just what to know what will i put in the I-824 in Part 3 Type of Petition or Application (Form Number). Is this the approved form I-140 since my wife didn't have the I-485 process... or other form?

hope there's light in this tunnel i'm in...

i'll inform you guys what will happen to my case...

thanks,

judex

I understand your situation now. You guys did a big mistake. Since your wife's consular processing petition got approve before you both get married you are now not eligible for follow to join.
Your wife can now apply for I-130 for you which normally takes around 5 years or more depending on your home country.
When she took the approved petition (This is just the approved petition and the embassy has the right to issue you an immigrant visa or not. This is not LPR status nor a green card) to the embassy and embassy stamped the immigrant visa and she will get the green card here. When she enter here in USA then you can call her LPR or legal permanent resident which is her status and Green card is the proof of her status. Until she gets the GC the stamp on the passport is enough to prove the status.
Another thing you can do is to come here on visit or on student visa or on H1 and then she can marry you here with the prevailing laws and then you can file the adjustment of status I-485.
See which option works best for you. Let me know if I would be of further help.

Good Luck to both of you.

 

[kamrans]

Obviously there are ways that you can follow and there must be some other suggestion from someone else here as well. I am not a lawyer and the best thing would be to talk to a lawyer and get his suggestion. Here is what I found on the USCIS site about follow to join:

http://www.uscis.gov/graphics/howdoi/appproc.htm

You can put in the information of I-824 (consular processing) form of your wife in your I-824.
Whats your wife Priority date. This is the date you can find on approved I-140.

Good Luck to you.

thanks for the reply kamrans, hope there are other way...
i got this from immihelp.com:
You become a permanent resident the day you enter United States with immigrant visa. Until then, you are not permanent resident, even after you get immigrant visa.
with this statement, i can still be the beneficiary of follow to join... i just what to know what will i put in the I-824 in Part 3 Type of Petition or Application (Form Number). Is this the approved form I-140 since my wife didn't have the I-485 process... or other form?

hope there's light in this tunnel i'm in...

i'll inform you guys what will happen to my case...

thanks,

judex

 

[judex]

thanks kamrans,

i got this info: Consular Processing
You become a permanent resident the day you enter United States with immigrant visa. Until then, you are not permanent resident, even after you get immigrant visa.


and the good news is, the lawyer told my wife to mail I-824 ASAP. but last week the lawyer told my wife that she can't file I-824 instead file I-130 for me, which means we have a chance

Obviously there are ways that you can follow and there must be some other suggestion from someone else here as well. I am not a lawyer and the best thing would be to talk to a lawyer and get his suggestion. Here is what I found on the USCIS site about follow to join:

http://www.uscis.gov/graphics/howdoi/appproc.htm

You can put in the information of I-824 (consular processing) form of your wife in your I-824.
Whats your wife Priority date. This is the date you can find on approved I-140.

Good Luck to you.

 

[HBG2001]

Hi Judex,
I-130 is for family based petition, not for Follow to Join. Check with your lawyer. If you are eligible for FTJ then you have to file I-824.

-Thanks

thanks kamrans,

i got this info: Consular Processing
You become a permanent resident the day you enter United States with immigrant visa. Until then, you are not permanent resident, even after you get immigrant visa.


and the good news is, the lawyer told my wife to mail I-824 ASAP. but last week the lawyer told my wife that she can't file I-824 instead file I-130 for me, which means we have a chance

 

[judex]

what i mean is, before the laywer told us to file for I-824, she adviced us to file I-130, maybe she read or see my wifes case then analyzed it.

thanks hbg2001!

judex

Hi Judex,
I-130 is for family based petition, not for Follow to Join. Check with your lawyer. If you are eligible for FTJ then you have to file I-824.

-Thanks

 

[kamrans]

Well hpoing the best for you. You can either go with I-130 or with I-824. Your lawyer can find the best way for you. Depending on the priority date you will get it but don't forget that the EB3 phillipine category is under retrogression. This means that even if your 824 get approved you wont be able to get the visa until your PD gets current. They are processing the cases having the PD of Oct 2001 or earlier at this time. Thats why I asked you for the PD and recommended you to come here on visit or some other visa and get it adjusted here.

Good Luck.

what i mean is, before the laywer told us to file for I-824, she adviced us to file I-130, maybe she read or see my wifes case then analyzed it.

thanks hbg2001!

judex