Follow To Join....

[rammyrammy]

Hi,

Could somebody please tell me what is the complete procedures (step by step) for sponsoring a spouse from India if your I-485 is approved recently.

I just got married in India and now my I-485 is approved before I could even bring her to US on H4 visa.

Does this application follow any priority dates? If yes, what are those priority dates? Is it releated to my PD or its the filing date of I-824 that I will do next week? Also, how long is the waiting time for these kinds of visa and how soon she will get her papers done in India?

Any help is appreciated.

Thanks and Best Rgds.

trueguy..

The F2J process follows priority Dates. Right now all dates are current.

There is a wealth of information in this thread regarding Follow to Join.
Spend some time in this thread and collect info needed for each step.

And also a lot of patience is needed..

In very Simple Words.

1)Apply for I 824.

2)Send the requisition letter,copies of I824 Receipt,GC or I551 Stamp, Your I-140,I-485 Approval Notice,
Marriage certificate, related ds forms filled, your wife's passport etc...
and related documents to the embassy related to your residence.

3)wait for interview call.

4)Get the other Set of documents needed for the interview.


Rammy..

 

[justcuriousaa]

Hi,

I searched for follow to join and got into this thread. Can someone help me. I am really confused and worried.

Any help/suggestion/advice/experience is appreciated.

My company filed my Green Card in EB2 category and I have my labor approved in PERM with priority date Sept 2006
My company filed for I-140 and is pending now.
I am single right now and planning to get married in September 2007. My fiance is in India and i am planning to bring her to US in Dec 2007 on H4 dependant Visa.

Now since the priority dates have become current, I want to take advantage of that before it gets retrogressed again.

1. Can I file I-485 now for myself alone. And apply for my wife after marriage and once she comes to USA?

2. If the dates get retrogressed by then, I think I will have to wait to apply I-485 for my wife till the priority date comes again?

3. Meanwhile if my I-485 gets approved and I get my green card before the priority dates come for my wife, what would become to her status?

4. Will she become out of status and need to go back to India?

5. Or can I apply for her EAD( eventhough priority dates are still retrogressed)

6. I heard there is something called follow-to-join process.
Does she qualify for follow-to-join process?

7. How long would that take?

8. Can she apply for follow-to-join from being inside US on H4 visa?

9. or she has to apply for follow-to-join only from outside USA?
If she can apply for follow-to-join, what would be her status? and what would be my status till that is approved?

10. Or does she have to apply for 485 through Family Based Green card ( which is very slow in processing and I do not want to take that risk....)?


Thanks for your help.

 

[kamrans]

You wife will get the same PD as yours. Steps involved are below:

1) Apply for I-824.
2) As soon as I-824 gets approved send all the related documents stated million times in this thread to the embassy to schedule the interview.
3) After the interview your wife will get the immigrant visa.

Time for 824 approval varies from different service centers. Check your 824 timeline in respective S.C.

Good Luck.

Hi,

Could somebody please tell me what is the complete procedures (step by step) for sponsoring a spouse from India if your I-485 is approved recently.

I just got married in India and now my I-485 is approved before I could even bring her to US on H4 visa.

Does this application follow any priority dates? If yes, what are those priority dates? Is it releated to my PD or its the filing date of I-824 that I will do next week? Also, how long is the waiting time for these kinds of visa and how soon she will get her papers done in India?

Any help is appreciated.

Thanks and Best Rgds.

 

[kamrans]

Check the answers below:

Hi,

I searched for follow to join and got into this thread. Can someone help me. I am really confused and worried.

Any help/suggestion/advice/experience is appreciated.

My company filed my Green Card in EB2 category and I have my labor approved in PERM with priority date Sept 2006
My company filed for I-140 and is pending now.
I am single right now and planning to get married in September 2007. My fiance is in India and i am planning to bring her to US in Dec 2007 on H4 dependant Visa.

Now since the priority dates have become current, I want to take advantage of that before it gets retrogressed again.

1. Can I file I-485 now for myself alone. And apply for my wife after marriage and once she comes to USA?
Yes you can add her name to your 485 as soon as she comes here and you both will get the GC together.


2. If the dates get retrogressed by then, I think I will have to wait to apply I-485 for my wife till the priority date comes again?
Correct. Then you have to see if she is here or in home country. Based on location you have to follow the route.

3. Meanwhile if my I-485 gets approved and I get my green card before the priority dates come for my wife, what would become to her status?
If she is here then her status would be the same as pending 485 and if she is there in home country then you have to follow 824 route. Also if you get GC before your marriage then you have to go through I-130 route.

4. Will she become out of status and need to go back to India?
Nop.

5. Or can I apply for her EAD( eventhough priority dates are still retrogressed)
Yes as she will have the status of pending 485.
6. I heard there is something called follow-to-join process.
Does she qualify for follow-to-join process?
Yes if she is there in home country not here. FTJ is for people who are outside USA and 485 is the change of status inside USA.

7. How long would that take?
Depends on retrogression, Your PD and the timeline of the service center. Check all these and you will get an estimate.

8. Can she apply for follow-to-join from being inside US on H4 visa?
Nop. This depends on your status.

9. or she has to apply for follow-to-join only from outside USA?
If she can apply for follow-to-join, what would be her status? and what would be my status till that is approved?
Do no mix up everything. Stay calm and read what I stated earlier. your options are very clear.

10. Or does she have to apply for 485 through Family Based Green card ( which is very slow in processing and I do not want to take that risk....)?
This can happen only if you get marry after your GC approval.


Thanks for your help.

 

[justcuriousaa]

kamrans and others

thanks kamrans,

your answers are pretty clear and kind of encouraging for me.


Here are the possible scenarios for my case.

I still have some doubt for one scenario 4.

Let me reiterate.

I apply for 485 now and marry in September and bring my wife in December(hopefully on H4).


1. Before my marriage, I get my 485 approved
-- In this case, I guess she has to follow the Family Based Green Card which is I-130 from India.

2. Before my wife comes to US(after marriage), I get my 485 approved
-- In this case, I guess she cannot come on H4 as my H1 would be inactive and she has to follow the FTJ procedure from India.

3. My wife comes here on H4 and PDs are still current
-- then I can file 485 for her and add to my application. Both of us can get GC same time.


4. My wife comes here on H4 and PDs are retrogressed, and shortly after I get my 485 approved
-- then I cannot file 485 and what should I do then ???
This is what I am not clear. I see you mentioning that she will not be out of status. Then what status she would be in?
Neither H4, Nor EAD since PDs are not current. 485 also not applied.? What status is this?

Could you please clarify my doubt.

Thanks for your help.

 

[judex]

Update on Chay'c Case...

Embassy Manila:

She had her interview last June 5, 2007. She had it smoothly. She was asked basic questions like, Marriage date, About the husbands work, Photos Etc.. She received a pink form after the interview which means 100% Approved(she was not informed by the consul if she was approved or not). She received her Visa last June 15, 2007(if i'm not mistaken).

Another Filipino FTJ... Mabuhay!!!

Judex

 

[rm101]

134 Help

rammy or NJ or any other friends on thread,


I am trying to get the affidavit of support form 1 134 from net and every where i see the form expiration date as 4-3-2007.I could not find any other edition after that i.e which is valid after 4-30-2007.Can we use that or any of you have the latest can you please post.


Thanks in advance

 

[rammyrammy]

rammy or NJ or any other friends on thread,


I am trying to get the affidavit of support form 1 134 from net and every where i see the form expiration date as 4-3-2007.I could not find any other edition after that i.e which is valid after 4-30-2007.Can we use that or any of you have the latest can you please post.


Thanks in advance

RM,

I downloaded the Form from USCIS website.
Even that Document had older expiry date.
Checked that with the one on Immihelp and they both are same and the one on immihelp is fillable. So I used the One on Immihelp website.


My wife received the appointment letter. Looks like they got it yesterday(ie Monday).

Rammy.

 

[rm101]

RM,

I downloaded the Form from USCIS website.
Even that Document had older expiry date.
Checked that with the one on Immihelp and they both are same and the one on immihelp is fillable. So I used the One on Immihelp website.


My wife received the appointment letter. Looks like they got it yesterday(ie Monday).

Rammy.

Thanks rammy.My wife did not get the appointment letter as of today.Hope fully she will get one soon.

 

[rammyrammy]

thanks kamrans,

your answers are pretty clear and kind of encouraging for me.


Here are the possible scenarios for my case.

I still have some doubt for one scenario 4.

Let me reiterate.

I apply for 485 now and marry in September and bring my wife in December(hopefully on H4).


1. Before my marriage, I get my 485 approved
-- In this case, I guess she has to follow the Family Based Green Card which is I-130 from India.

2. Before my wife comes to US(after marriage), I get my 485 approved
-- In this case, I guess she cannot come on H4 as my H1 would be inactive and she has to follow the FTJ procedure from India.

3. My wife comes here on H4 and PDs are still current
-- then I can file 485 for her and add to my application. Both of us can get GC same time.


4. My wife comes here on H4 and PDs are retrogressed, and shortly after I get my 485 approved
-- then I cannot file 485 and what should I do then ???
This is what I am not clear. I see you mentioning that she will not be out of status. Then what status she would be in?
Neither H4, Nor EAD since PDs are not current. 485 also not applied.? What status is this?

Could you please clarify my doubt.

Thanks for your help.

The chance of your case 4 is remote.
Only happens if, you apply for I485, dates retrogress and you get your wife on H4,
1) even you wont get your GC without dates becoming current.
2) usually when they announce dates, they will be from the first of the following month and you can file for your wifes I485, on the first of the following month. But if you 485 gets approved on the first and your wife's 485 application is not filed by then, then your wife will be out of status(in the sense that her h4 is Dependant on your H1 which is no longer valid as soon as your 485 gets approved).

I am not sure what happens but as far as I know she have to leave the Country and you have to follow the F2J route to bring her in.

And you cannot file I 824 till your GC gets approved, and that process might take some time.

My advice? Instead of solving this complicated verbal problem of what ifs?
get married as soon as possible, bring her in apply for 485.

Good Luck.

 

[kamrans]

See the reply below. I am not a lawyer. Please consult a good lawyer for definite answers.

thanks kamrans,
your answers are pretty clear and kind of encouraging for me.
Here are the possible scenarios for my case.
I still have some doubt for one scenario 4.
Let me reiterate.
I apply for 485 now and marry in September and bring my wife in December(hopefully on H4).
1. Before my marriage, I get my 485 approved
-- In this case, I guess she has to follow the Family Based Green Card which is I-130 from India.
Yes as she cannot file for FTJ. I-130 is the only route.

2. Before my wife comes to US(after marriage), I get my 485 approved
-- In this case, I guess she cannot come on H4 as my H1 would be inactive and she has to follow the FTJ procedure from India.
Yes as soon as your 485 gets approved you are on GC and H1 is invalid. If you marry before that then she can apply for FTJ based on approved petition from USCIS.
3. My wife comes here on H4 and PDs are still current
-- then I can file 485 for her and add to my application. Both of us can get GC same time.
Yes thats what I said earlier but you have to add her name to your 485 so that you both get it.


4. My wife comes here on H4 and PDs are retrogressed, and shortly after I get my 485 approved
-- then I cannot file 485 and what should I do then ???
Hard to imagine but it can happen. Very rare chance. I am not sure what you can do by then. Based on your labor her H4 can be extended for a year but I am not sure on this.

This is what I am not clear. I see you mentioning that she will not be out of status. Then what status she would be in?
Neither H4, Nor EAD since PDs are not current. 485 also not applied.? What status is this?
Come on. Dont be so passimistic. Have good faith on the ongoing things and do the best you can. You will get it.


Could you please clarify my doubt.

Thanks for your help.

 

[kamrans]

Congratulations to Chay and everybody who gets it. My deepest and sincere gratitude to the families.

Good Luck.

Embassy Manila:

She had her interview last June 5, 2007. She had it smoothly. She was asked basic questions like, Marriage date, About the husbands work, Photos Etc.. She received a pink form after the interview which means 100% Approved(she was not informed by the consul if she was approved or not). She received her Visa last June 15, 2007(if i'm not mistaken).

Another Filipino FTJ... Mabuhay!!!

Judex

 

[justcuriousaa]

kamrans, rammyrammy and others

Thanks guys kamrans and rammyrammy. You guys made things clear and now I think I understand my options and risks involved.

So, I will try to postpone my 485 filing till my marriage provided PDs are current.
And try to bring my wife in as soon as possible after wedding and try to file 485 for her.


Now I have 2 more questions.

1. I heard that once I file 485, I cannot travel outside US till I get my receipt notice which may take 4 to 6 weeks.
Is it true?

In that case, if I file in July ( i have to travel in Sept for marriage), I would be in trouble.
Also if my wife comes in Oct for couple of weeks( because she has to finish her studies in December ) , and files 485, she cannot go back to India till she gets the receipt notice.?
That is also trouble. Is that true?

Can you guys clarify?

2. In case if I file 485 now and my wife goes for H4 stamping in India, will there be any problem for her to get stamping, since i have already filed 485 for Green card?
Will they ask any questions regarding this?
This is greater concern. Because i do not want her H4 to be rejected.

Can you guys clarify?

 

[NJBLUE]

rammy or NJ or any other friends on thread,


I am trying to get the affidavit of support form 1 134 from net and every where i see the form expiration date as 4-3-2007.I could not find any other edition after that i.e which is valid after 4-30-2007.Can we use that or any of you have the latest can you please post.


Thanks in advance

RM101,

This is fine. We also used the expired form and did not have any issues.

Thanks

 

[rm101]

RM101,

This is fine. We also used the expired form and did not have any issues.

Thanks

NJ,

Thanks for the response.As of today we havent got the appointment letter.It's been a week the bulletine is posted.Can we go to medicals with out the appointment letter.Will they accept if we show the original passport and print out the web appointment with our case number?

Thanks,

 

[mega007]

Thanks Kamrans, Rammy, NJ and RM and all..

first to rm - yeah ! i too used the same expired 134. I wud say there is no issue.

Kamrans, I got u . yeah ! everything regd marriage was legal and neat ....

rammy, good questions and my mistake... its not other way around though..... but my marraige date was nov 2004 ! ..... NOT 05 ...

I yet to take any action on correcting the date, bcoz i believe i dont need to do that now... since they already started the investigation...and they shud be on the way in finding that they printed the wrong date in my GC ...

Yes, I remember sending that when i sent hte FTJ document first..... but not now to the VFS office !!! i did not anticipate this.... but if it is necesary i shud i guess. when i called chennai consulate few days bak... they said - we dont need to do anything ..and we shud just wait until the investigation over !!

Yes, I bet they have my passport all page photo copies in which my passport stamping talks abt the "valid until" field in which it says "april 2006" . See thats the weird thing here.... though they know that the passport stamping they give ONE YEAR validity for 551 stamping.... which hence was issued on april 2005 !!! i think they saw that also ...!!!

I will keep u posted ... Thanks

Mega,
Sorry to hear this. Keep hope .. She will get it very soon.

Just some thoughts. ...

Correct me if I am wrong. Did you mention above that your actual residence since date is Oct 2004 and you married in Nov 2005? or is it the other way around.

Did you initiate the process of correcting the dates on your GC?

I am just wondering, you could have supported the date with the I-485 Approval date right? May be with a photo copy of I485 Approval Notice...?

Also if you had I-551 stamp in the passport that can also be used as supporting Information.

Thanks for the detailed report, its very insightful... to prepare for the interview..

Rammy.

 

[rm101]

Mega,

I am sure your case will be solved soon.Our prayers are with you.

Nj ,rammy or any friend on thread,

Thanks for the response.As of today we havent got the appointment letter.It's been a week the bulletine is posted.Can we go to medicals with out the appointment letter.Will they accept if we show the original passport and print out the web appointment with our case number?

Also can some tell me should we send all the pages (Including blank) of passport? or only pages that has info is enough? Becoz i have two passports old and new .Please advise?

 

[agpatti]

Hi,I would like to get your guidance on this....
My wife is planning to come US next week by herself because I couldn't go India to bring her due to my work assignments.

When she comes back, does she need to aware of anything to face the immigration at port of entry.(other than submitting sealed envelope).
Because this is going to be her first internation trip, we are little nervous.
Moreover, Would this Annotation "Valid only if Acc/FTJ Father/Mother/Spouse" make immigration officer to expect me along with her at port of entry?


Thanks for your help.

 

[trueguy2006]

How to get PCC and Commissioner clearance Certificate

Hi,

Could somebody please tell me how to obtain the PCC and Commissioner Clearance certificate?

Also, how old is this PCC and Commissioner Clearance certificate accepted by USCIS at New Delhi?

I am planning to file I-824 now and just wondering if I should start working on getting PCC for her or not?

Also, is it possible to start F2J process at New Delhi Embassy based on filing receipt of I-824 or we have to have I-824 approved before they initiate the interview process?

Thanks in Advance.

Best Rgds.

 

[rm101]

Hi,

Could somebody please tell me how to obtain the PCC and Commissioner Clearance certificate?

Also, how old is this PCC and Commissioner Clearance certificate accepted by USCIS at New Delhi?

I am planning to file I-824 now and just wondering if I should start working on getting PCC for her or not?

Also, is it possible to start F2J process at New Delhi Embassy based on filing receipt of I-824 or we have to have I-824 approved before they initiate the interview process?

Thanks in Advance.

Best Rgds.

Hi,

PCC (From commisionar or passport office) is not required for intiating the FTJ case.They are required only when we go for the interview (packet 4)

Except chennai no other consulate do the FTJ on 824 recepit.Just reconfirm again with delhi consulate.


FTJ life cycle

1) File 824

2) Wait for the approval ( Reconfirm with consulate if receipt is enough)

3)Once 824 is approved send all the base documents required to initaite the process (In the forum u will see the list of docs required for initiating the FTJ case)

4)Wait for few days and call the consulate for case number

5) Consualte will send the packet 3 .

6) Fill out the packet 3 forms .Spouse will fill and send back to consulate

7) Once dates are current they will scedule the interview and send the packet 4 (When we go to interview they will ask for PCC.

Hope this is help ful .....