Follow To Join....

[usnycus]

That’s good news.

Also I won't rely on VSC regarding corrected PD. Once you receive letter/I-797 with corrected PD from USCIS, you need to contact consulate. Drop them a cover letter with case #.

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]

See Inline ...

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?
... Yes. I had similar case. I was single when I filled I-485 with VSC and got married before I-485 approval. With the help of this thread, spouse got FTJ approval in N Delhi (India) embassy.

Also, I-824 form is for "Action on an Approved Application or Petition". Once I-485 is approved and by submitting I-824, you are requesting service center to inform US consulate regarding your approval.

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

 

[usnycus]

It’s a personal preference rather then an immigration issue.

In any way, you won’t be able to adjust your status (with USCIS) or apply for immigrant visa (@consulate) without fulfilling J-1 requirements.

Btw, have you looked into waiver program? Are you eligible?

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?

 

[ybnyk]

I agree with rammyrammy response. So for what you are waiting. See on the other hand if it gets approved it will take 6 years for your wife to come here on I-130. Usually people do it when they become citizen. So you should rush now.

good Luck.

I just came back from India. Had 3 weeks of vacation. Got married few days back. Thanks for all for encouraging me to go ahead with the plan. Now I have come back to US alone as she doesn't have a passport. I have asked her to apply for it immediately. Now the question is:
(1) I have re-entered US on AP. My attorney says I can still maintain the H1B status even after using AP to re-enter US. But I should keep extending the H1B every year. I have also seen similar messages in other forums. Do you agree that I can bring my wife on H4 though I have already used AP?
(2) She is in the final year of Engg. She needs some more time in India. If I get her here for adding her name to 485, how long does she need to be here to finish all paper work?
Any idea?

 

[ybnyk]

I just came back from India. Had 3 weeks of vacation. Got married few days back. Thanks for all for encouraging me to go ahead with the plan. Now I have come back to US alone as she doesn't have a passport. I have asked her to apply for it immediately. Now the question is:
(1) I have re-entered US on AP. My attorney says I can still maintain the H1B status even after using AP to re-enter US. But I should keep extending the H1B every year. I have also seen similar messages in other forums. Do you agree that I can bring my wife on H4 though I have already used AP?
(2) She is in the final year of Engg. She needs some more time in India. If I get her here for adding her name to 485, how long does she need to be here to finish all paper work?
Any idea?

Another question:
(3) What are the other things than the marriage certificate that the consulate sees to ensure that the marriage is genuine? My attorney advised to have mutual correspondances, joint tax filing, joint real estate lease, joint photos etc. I just have 3 photos. Two joint photos and a small group photo. Because the traditional marriage is not yet over. Is that evidence enough?

 

[JCisLORD]

God Bless you kamrans.

I just want to tell you that Consulate at CDJ Mexico, has open a case number for me and also they sent packet 3 to my Lawyers office this morning.
-Do you have any idea after packet 3 has sent back to consulate, how long would take to recive packet 4 with interview?

 

[usnycus]

See Inline ...

I just came back from India. Had 3 weeks of vacation. Got married few days back. Thanks for all for encouraging me to go ahead with the plan. Now I have come back to US alone as she doesn't have a passport. I have asked her to apply for it immediately. Now the question is:
(1) I have re-entered US on AP. My attorney says I can still maintain the H1B status even after using AP to re-enter US. But I should keep extending the H1B every year. I have also seen similar messages in other forums. Do you agree that I can bring my wife on H4 though I have already used AP?
... Yes. As long as you maintain H1, she is eligible for H4.

(2) She is in the final year of Engg. She needs some more time in India. If I get her here for adding her name to 485, how long does she need to be here to finish all paper work?
... She should be able to go back without affecting her AOS. But, I won't suggest her to go back and stay longer than few months in each trip.

Any idea?

 

[usnycus]

Sometime marriage certificate alone is enough.

And, many times multiple photos/documents are not enough.

It all depends upon person/consulate taking interview.

Another question:
(3) What are the other things than the marriage certificate that the consulate sees to ensure that the marriage is genuine? My attorney advised to have mutual correspondances, joint tax filing, joint real estate lease, joint photos etc. I just have 3 photos. Two joint photos and a small group photo. Because the traditional marriage is not yet over. Is that evidence enough?

 

[usnycus]

Congrats ...

Also, if all goes well, you should be getting response back from consulate in next 30-60 days.

I just want to tell you that Consulate at CDJ Mexico, has open a case number for me and also they sent packet 3 to my Lawyers office this morning.
-Do you have any idea after packet 3 has sent back to consulate, how long would take to recive packet 4 with interview?

 

[jefkorn]

Gathering stats for following to join

Let's post the summary of following to join cases so it would be helpful for other who are thinking of starting it or going through the process.

1. Was your case an Adjustment of Status based on employment? EB2/EB3, country of origin?
2. Did you get married after applying for I-140 or I485?
3. If it was concurrent filing of I-140 and I-485, did you get married before or after filing?
4. When and how did you inform INS of change in marital status? Was it after the approval of 485 or 140?
5. Was anyone successful in getting I-824 approved when they had the I-140 and 485 approved with marital status as single and INS was never informed of change in marital status while the AOS was pending?
6. Which consulate outside US your spouse filed and how long it took for different steps ( when was the first packet sent? second and interview)?
7. Which service center you applied, priority date and how long it took for the I-824 approval?

The list is not exhastive so please feel free to add more information as you see fit. I'm sure this would serve as very good central thread to see how these cases are going around the world.

Thanks in advance and keep up the good work,
Jeff

 

[jefkorn]

FTJ eligibility

See Inline ...

usnycus said that you got married afte applying for 485 but before it's approval. When you got married, did you have to inform USCIS?

I'm assuming that you wife was in India at the time of marriage and you came back to US after that?
I'm trying to find out what did you do next, contact USCIS and tell them that you got married or just wait for the 485 approval in which your marital status was single and then went ahead and applied for I-824 and followd the FTJ procedures with US consulate in N Delhi?

Please share some details if you can and it would be great help,

Jeff

 

[JCisLORD]

Thanks for the reply usnycus

Congrats ...

Also, if all goes well, you should be getting response back from consulate in next 30-60 days.

I hope all goes well, so I could have packet 4 as soon as posible, I will be praying so GOD will open a door for this process.
And for GOD to change immigration law, because is real hard. to wait without our loveones.
I wish good luck to you.

 

[kamrans]

You need to fight on two fronts :

1) Write a letter to USCIS that your PD in 485 is .... and the I-824 approval notice of my wife is showing the wrong PD .... The beneficiary of 824 should have the same PD as the principal. So please correct it. Also do send all notorized copies of approval notices.
2) Send a letter to the consulate that 824 is showing the wrong PD as 824 beneficiary should have the same PD as the principal and you can check the PD in my 485. I-824 should have the same PD as my 485 PD. Tell them that you talked to VSC and they are aware of this and they are correcting it. Do send them the copy of the letter that you send them.

It will work. Send the docs through FedEx. Dont rely on Fax or email.

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?

 

[kamrans]

Congratulations to you on your marriage. Check the answers below:

I just came back from India. Had 3 weeks of vacation. Got married few days back. Thanks for all for encouraging me to go ahead with the plan. Now I have come back to US alone as she doesn't have a passport. I have asked her to apply for it immediately. Now the question is:
(1) I have re-entered US on AP. My attorney says I can still maintain the H1B status even after using AP to re-enter US. But I should keep extending the H1B every year. I have also seen similar messages in other forums. Do you agree that I can bring my wife on H4 though I have already used AP?

Some people say that if you use the AP you are no longer on H1. But I have some people from India who get H4 even after using AP. So you can try.(2) She is in the final year of Engg. She needs some more time in India. If I get her here for adding her name to 485, how long does she need to be here to finish all paper work?
Any idea?
It would take a day to apply for adding the name in 485. You may get a recepit in two weeks.
If its going to take a while why dont you file 824 for her and she will get approved and will get the immigrant visa later but check for your PD first.

 

[kamrans]

Sometimes they just ask 2-3 questions and give the visa and sometimes they get too deep. You never know. But as long as your marriage is legitimate nothing can harm you. The evidences that you wrote should be enough.

Good Luck.

Another question:
(3) What are the other things than the marriage certificate that the consulate sees to ensure that the marriage is genuine? My attorney advised to have mutual correspondances, joint tax filing, joint real estate lease, joint photos etc. I just have 3 photos. Two joint photos and a small group photo. Because the traditional marriage is not yet over. Is that evidence enough?

 

[kamrans]

Congratulations dude.
If you completed all the requirements and your PD is current then they should respond you in 15-25 days with an interview date. The whole process after you send them packet 3.5 would take around 2-2.5 months depending on the consulate. It may take longer if the consulate is too busy like consulates in India.
Good Luck.

I just want to tell you that Consulate at CDJ Mexico, has open a case number for me and also they sent packet 3 to my Lawyers office this morning.
-Do you have any idea after packet 3 has sent back to consulate, how long would take to recive packet 4 with interview?

 

[kamrans]

God is really merciful. We all have some options in front of us. At least we can visit our wives or husband as many times as we want. Think about people who are here in USA since 15 years and still they dont see any hope to see and meet their loved ones. Our situation is a lot better and we all should thank God all the time.
Yes I agree the immgration system here needs complete overhaul. Who will do it .......

I hope all goes well, so I could have packet 4 as soon as posible, I will be praying so GOD will open a door for this process.
And for GOD to change immigration law, because is real hard. to wait without our loveones.
I wish good luck to you.

 

[ybnyk]

Congratulations to you on your marriage. Check the answers below:

Thanks to kamrans and usnycus for your response. My PD is 2000 Sept. I am not sure how much more time it would take for my I485 approval. If my I485 is not approved by Jan, I am planing to get her on H4 ones to file her I485. I feel adding her name with my I485 is much simpler procedure than the I824. Let me see how it works out.
Thanks
ybnyk

 

[ismaildost]

pls reply

I got my green card and i was married even before applying my I-485. My wife in Pakistan. Can anyone tell me how long does it take for the spouse to get immigrant visa. I filed her I-824 in August 2006 with Vermont Office

Thanks.

 

[ismaildost]

hello