Follow To Join....

[rambabu123]

I stated earlier in many posts that visit visa is pure luck. Check for the letters and their format on www.path2usa.com. You will find all the requirements and letters plus their formats.

Good Luck.

Kamrans,

I'm still not sure what is PD for my kids follow to join case? My GC approved in 2004 Dec. And my labour was 2001 Nov it is EB3 category. When I called chennai consulate one lady said my PD for this follow to join case is Dec 2004. Can you please tell me what is the PD for this and How to determine the PD's.
Thanks

 

[usnycus]

PD for FTJ members are same as PD of actual beneficiary.

If your PD is Nov 2001, all FTJ members will have same PD.

Kamrans,

I'm still not sure what is PD for my kids follow to join case? My GC approved in 2004 Dec. And my labour was 2001 Nov it is EB3 category. When I called chennai consulate one lady said my PD for this follow to join case is Dec 2004. Can you please tell me what is the PD for this and How to determine the PD's.
Thanks

 

[rambabu123]

PD for FTJ members are same as PD of actual beneficiary.

If your PD is Nov 2001, all FTJ members will have same PD.

Thanks for the speedy response.

Then why she said my FTJ case PD is Dec 2004? This is the date my GC was approved. Obviously my PD is greterthan 2003.
And another question on PD. Normally which date we should consider our PD? I mean Labour file receive date or I-140 receive date?

Thanks

 

[jattala]

We are in pakistan but my uncle applied for my family visa from usa i call the embassy but they have'nt received the case number?

 

[usnycus]

In cases where LC is required, PD is the date LC application is received by DOL.

In all other cases, PD is the date petition (application) is received by USCIS.

PD is usually marked on approved LC, I-797 (for approved I-485, I-140).

Thanks for the speedy response.

Then why she said my FTJ case PD is Dec 2004? This is the date my GC was approved. Obviously my PD is greterthan 2003.
And another question on PD. Normally which date we should consider our PD? I mean Labour file receive date or I-140 receive date?

Thanks

 

[usnycus]

In that case you need to wait.

Embassy is not going to start any paperwork unless they receive papers from national visa center.

We are in pakistan but my uncle applied for my family visa from usa i call the embassy but they have'nt received the case number?

 

[Yulianna]

J-1 2yhrr

Hello, I've been reading this for quite some time as Following-to-Join might be one of my options.

My situation is this: I came here on a J-1 visa, then switched to F-1, and have been on F-1 for 7 years now. Recently I got married to a guy, who got his labor certification approved some time ago. So, our lawyers filed his and mine AOS/I-485 at the same time. Then they found out that I had a year of 2 year home residency requirement (J-1 visa) unfulfilled, so now they are withdrawing my docs.

I'm considering all the alternatives...should my husband proceed with his application and then I'll just join him by Following-to-Join? Or is it easier for me to stay in the US on F-1 and go back and forth to my home country until I accumulate my year?

 

[kamrans]

Now you need to contact National visa center. The number is 6033340700. Liva assistance is available from 7:30 am to 12:30 AM EST. You can also ask the status in email. Send email at nvcinquiry@state.gov. They are the ones who can help you out but make sure that you have all the receipt notices and approval notices in front of you.
Good Luck.

We are in pakistan but my uncle applied for my family visa from usa i call the embassy but they have'nt received the case number?

 

[kamrans]

Since all the categories were current for about 2-3 years now the consulate people are not aware of what should be the priority date in EB categories. They put mine wrong as well. I called them and then emailed them to correct it and then they corrected it.
If you want to make sure you need to see your I-824 approval notice and the PD is written on it. It should be the same as principal applicant labor receipt date.
In your case its Nov 2001 and you need to tell the consulate that they need to correct it.
Let me know if you need any further help.

Good Luck.

Kamrans,

I'm still not sure what is PD for my kids follow to join case? My GC approved in 2004 Dec. And my labour was 2001 Nov it is EB3 category. When I called chennai consulate one lady said my PD for this follow to join case is Dec 2004. Can you please tell me what is the PD for this and How to determine the PD's.
Thanks

 

[agpatti]

Deny to give recommendation letter

Kamrans, I contacted congressman office. They told me that they could not give any recommendation letter because your wife has intention to become US immigrant which is against for Visitor Visa category.Thanks.

 

[rambabu123]

What is the email if consulate to contact?

Since all the categories were current for about 2-3 years now the consulate people are not aware of what should be the priority date in EB categories. They put mine wrong as well. I called them and then emailed them to correct it and then they corrected it.
If you want to make sure you need to see your I-824 approval notice and the PD is written on it. It should be the same as principal applicant labor receipt date.
In your case its Nov 2001 and you need to tell the consulate that they need to correct it.
Let me know if you need any further help.

Good Luck.

Thanks for the details. Could you please provide me the email address to contact? Also if you don't mind can you please provide me a line or two lines of write to address consulate...Since your's was successful,that formate can help me a lot. do I need to attach the 824 approval notice?
Thanks

 

[jefkorn]

Comments from USCIS Customers service number for qualification of following to join

Hi,
I called 18003755283 (USCIS Customer Service, let's call it CS )and asked following question:

Me: If someone applied for I-485, got married outside US, returned to US without spouse, never notified USCIS of the marriage, 485 got approved. Now since the marriage took place before the approval, does the spouse outside US qualify for following to join benefits ?

CS: Was she a derivative of an apporved I140 in other words was she included in at the time of applying for I-140

Me: No

CS: Then the primary applicant has to file for I-130 for his spouse not I-824.

Me: But the marriage took place before the approval of 485?

CS: She doesn't qualify for following to join benefits.

Any ideas or did you guys get any opinions from a lawyer?

I'm meeting a lawyer and will post the conclusion from my discussion with him,

Best regards,
Jeff

 

[jefkorn]

Lawyer's feedback on following to join eligibility

Spoke to the lawyer, according to him if one got married while 485 was pending. After I485 approval, he can apply for I-824 for his spouse and there's no time limit within which he should do this but law doesn't require him to apply for 824 within certain time frame, sooner the better.

I have consulation with another lawyer, lets see what he has to say on this.

Experts who have goen through similar situtation please share your experience.

 

[kamrans]

They are wrong

Jeff,
Don't get panic. They are wrong. I was having the exact same situation as yours and I know several people who have this situation and their wives are here now. I confirmed with my lawyer earlier and she said there is nothing needs to be done other than to file I-824. Secondly if thats the case my 824 would never get approved. Third if they are right consulate would have never created the case for my wife. They have my approved I-140 and all the related documents.
Last thing read the following paras from USCIS web site. Do you see anything that says that spouse name needs to be added in I-140. If you want to make this an issue then it will become an issue for you. Do not dug deep and inquire more on this with them. Just apply and you will see the results.
Check this para below.
Following-to-Join Benefits for Spouses
Please note: This section is only applicable to lawful permanent residents who did not gain their LPR status as an immediate relative (parent, spouse, or unmarried child under 21 years of age) of a U.S. citizen.
If you were married before you became a lawful permanent resident, and your spouse did not physically accompany you to the U.S., your spouse may be eligible for following-to-join benefits. 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. In this case, you may simply notify a U.S. Consulate that you are a lawful permanent resident so that your spouse can apply for an immigrant visa. Your spouse may be eligible for following-to-join benefits if your relationship still exists and if one of the following is applicable:

You received a diversity immigrant visa
You received an employment-based immigrant visa
You received an immigrant visa based on your relationship to your U.S. citizen sibling
You received an immigrant visa based on your relationship to your U.S. citizen parent when you were already married

(For information on following-to-join benefits for children of lawful permanent residents, please see Petitioning Procedures: Bringing a Child to Live in the United States.)

If you fall into one of these categories, please submit the following information to the U. S. Citizenship and Immigration Services:

Form I-824, Application for Action on an Approved Application or Petition
A copy of the original application or petition that was used to apply for your immigrant status
A copy of the I-797, Notice of Action, for your original application or petition
A copy of your alien registration receipt card or I-551

If the I-824 is approved, the USCIS will notify a U.S. consulate that you are a lawful permanent resident so that your spouse can apply for a following-to-join immigrant visa. Your spouse must then contact the local U.S. consulate to complete the processing.

You should file the I-824 at the USCIS office that took the most recent action on your case.

The source is http://www.uscis.gov/graphics/howdoi/appproc.htm.

Decision is yours and good luck to you.

Spoke to the lawyer, according to him if one got married while 485 was pending. After I485 approval, he can apply for I-824 for his spouse and there's no time limit within which he should do this but law doesn't require him to apply for 824 within certain time frame, sooner the better.

I have consulation with another lawyer, lets see what he has to say on this.

Experts who have goen through similar situtation please share your experience.

 

[kamrans]

There is no problem. The letter from congressman doesnt necessarily mean that you will get the visa or your visa will get denied. It will just give more weight to your case if they are willing to consider it. I told you earlier that visit visa is pure luck. So try yours and dont loose your heart. God is really great and merciful. Its the faith that counts.

Good Luck.

Kamrans, I contacted congressman office. They told me that they could not give any recommendation letter because your wife has intention to become US immigrant which is against for Visitor Visa category.Thanks.

 

[kamrans]

I dont have that letter at this point but I will try to find one for you. Just email, fax and write a letter to them that your PD seems incorrect and these are the supporting documents that tells that my PD is ..... You can find the email address on the website. Yes you need to attach copy of I-140, 485 and 824. All should state the same PD.

Good Luck.

Thanks for the details. Could you please provide me the email address to contact? Also if you don't mind can you please provide me a line or two lines of write to address consulate...Since your's was successful,that formate can help me a lot. do I need to attach the 824 approval notice?
Thanks

 

[jefkorn]

Some clarification

Hi Kamran,
Just some clarification on the situation:

1. If someone gets married after applying for I485 but before it's approval. Never informs USCIS about the change in marital status becuse the spouse didn't want to move to US at the time because of family reasons. No amendment was filed with USCIS.
Now primary applicant got approved and receieved the green card. Few months after he gets the GC, things change and the wife now is ready to come to US and settle down. Can he still apply for I-824?

From your previous posts it seems you applied for I-485 and I-824 together and got approved, were you married at the time of application of 485?

Please email me and I can give you more details,
Jeff

 

[rambabu123]

about PD

I dont have that letter at this point but I will try to find one for you. Just email, fax and write a letter to them that your PD seems incorrect and these are the supporting documents that tells that my PD is ..... You can find the email address on the website. Yes you need to attach copy of I-140, 485 and 824. All should state the same PD.

Good Luck.

kamrans, Thanks for the details.
I have just checked my I-824 approval notice.
The details are : RD: April 2005
ND:May 2005
PD says December 2004. Center Vermont. Is that mean Vermont center itself did a mistake about PD? If it is the case what are my next steps to correct?
Thanks in advance

 

[rambabu123]

Just Called Customer Service of Immigration dept

I dont have that letter at this point but I will try to find one for you. Just email, fax and write a letter to them that your PD seems incorrect and these are the supporting documents that tells that my PD is ..... You can find the email address on the website. Yes you need to attach copy of I-140, 485 and 824. All should state the same PD.

Good Luck.

I just called the customer service. They asked me lot of questions.finally they agreed that I need a cover letter about the PD on the approval notice of I-824. They will look at it and correct it. Yes, they have mentioned the PD suppose to be same the PD of I-140 for I-824 cases. Any other suggestions? What are my next steps to follow up with Chennai? Do I have to send packet-3 again or Vermont center can send the enough information to Chennai consulate?

 

[usnycus]

Don’t waste time with CSR at USCIS.

If you were married before I-485 approval, contact US embassy/consulate having jurisdiction over spouse area of residence. Check with them if you can submit papers directly (without going through I-824) and if they allow, just follow the FOJ process outlined many times in this thread.

If US embassy/consulate wants I-824 from USCIS, in that case send I-824 (along with required documents) to the service center where your I-485 was pending/approved. Once I-824 is approved, follow the FOJ process outlined in this thread.

Spoke to the lawyer, according to him if one got married while 485 was pending. After I485 approval, he can apply for I-824 for his spouse and there's no time limit within which he should do this but law doesn't require him to apply for 824 within certain time frame, sooner the better.

I have consulation with another lawyer, lets see what he has to say on this.

Experts who have goen through similar situtation please share your experience.