Follow To Join....

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Question for cool-guy

Hello,
you mention in the message 39.1 we have to send copy of passport,birth certificate and 485 approval copy to consulate. That is before my i824 approved??
I filed i824 month ago at VSC.

Thanks
 
Cool-Guy

I\'ve sent the approval docs for Chennai, which I sent around Aug 15. I\'ve not got any ack from them yet. They\'re yet to send pkt 3 to my wife. How abt yours
 
luckyme9, cool-guy, raju prabhu, reddy

did you guys get married before filing I-485 or after filing but before approval? Thanks.
 
No Title

YCC,

FJT can be done any time if you got before your approval of 485. The only thing that matters is that you have to be married at least a day before your 48 approval date, not the date in which i551 is stamped. Personally I got married after filing 485 and before 485 approval. Hope this helps.

cool-guy
 
my 2 cents

I guess there is no need to wait for 824 approval, if you want to save some time send them to consulate. But do enquire with them before you do so.

Cool-Guy
 
Forms

Thanks for responding. Is there a website where u could download all the forms that the spouse has to fill out for FTJ? Also, can you list what forms the person who is sponsoring his/her spouse need to fill out?

Thanks.

ycc
 
Bring Spouse after filing I-485

My 1st H1 expires Apr.2002. I am planning to file I-485 now (since its current) and get married in middle/end of 2002. I believe, i must bring my spouse before 485 approval to add her in the GC process. I will have an AP to travel.

So,
a) Under what visa she can accompany me to US and how long does it take ?

b) Once if she\'s here, can she file directly I-485 (dependent) or is there any other process needs to be done ?

Thanks in advance ..
 
Rp485

I belive once you get AP, you are no longer in H1B ono immigrant status and therefore you cannot bring in any dependents in H4 visa. There are different interpretations based on an INS memorandum that even if you have used EAD you can still maintain H1B status. The same memorandum does not apply to AP ie once you have travelled with AP you are no longer a non immigrant. Hence plan ahead, get H4 for your spouse while you are in H1B. As soon as she lands here you can apply for her 485. She is also entitle to EAD and AP as you are and its exactly the same process that you go through to file 485. To my knowledege this is the best possible secanrio for you.

Cool-Guy
 
cool-guy and others going thru FTJ, please respond

Here is a list of forms which I know of to file for Follow To Join procedure for the spouse who is living abroad. I have filed my 485 here in US. Is this complete list of forms or is there something missing.

I-824
OF-169
DS-230 Part I & Part 2
Medical exam (Is this I-693 same as for 485 people?)
Affidavit of Support (For FTJ, will this be I-134 or I-864?)

Do both the primary applicant and the spouse has to fill out DS-230 or just the spouse?

FYI, I found a site www.immihelp.com which has valuable info. on immigration procedures. Thought it will be helpful to others.

Thanks.
 
No Title

Thanks cool-guy.

Is it possible to bring the spouse here thru the fiance visa and apply I-485 from here ?

But, by the time I do an H1 extension(Apr.2002), It looks like the Priority Dates going to retrogress 2-3 years for EB3.

Also, how long does it take if my spouse files I-485 in chennai consulate ?
 
YCC

I think your list pretty much covers every thing.

But before you get started you need send supporting documents to the consulate, looks a few posts above.

I guess affidavit of support is I-134 not I-864.
I am not sure of DS-230, again my guess would be only for spouse.

Hope this helps.

Cool-Guy
 
RP485

Hi,

the fiance visa is available only fo US citizens, so it does not apply to you. My suggestion would be to prepone your wedding bring her in H4. You can file 485 now and amend her petition once she comes here. That should not be a problem, each of you can file 485 at different time.

Cool-Guy
 
Address in india

When you applied for I824, did you give your spouse address in india?

In the application I mentioned my wife\'s address, I just got I824 approve. wondering whether I have to do anything OR just wait for chennai consulate to send Packet 3 to my wife.

Any help is greatly appreciated
 
Raju Prabu

I guess the most important thing to do now is to send the supporting documents to the consulate. I am also in the same situation where I824 is approved but consulate has not yet sent P3. When I enquired about this with consulate they mentioned to send supporting documents to them. It will take 2 and half months to create a case number and issue p3 once you submit the supporting documents. Talk to consulate see if there is any other way to accelerate this process and also keep us posted.

Cool-Guy
 
Follow to Join Spouse IN USA....Please Help

Does any one know what are the required documents to apply for a SPOUSE who is in US at the time of approval.

I got married before applying for I485 (I was stuck by a stupid lawyer and now I have decided to do it on my own with the help of you guys who seem to be GURUS....Please help
 
GcWaiter

I guess if you are applying in the US it a regular 485 application, you have attach your marriage certificate etc. I strongly recommend you to seek professional help esp with filing 485 application. Your spouse application will be treated seperately and the application process is no different than yours. Once you file 485 for your spouse as an FTJ petition, she is entitled to EAD and AP too. Hope this helps.
 
CoolGuy

CoolGuy,

Thanks for the info...I have a few questions.
1) DO i require a form called I824 (Action on a approved case)

2) Sponsorship document what is the required amount i need to make to sponsor her

3) Do i have to be employed with the same caompany that had sponsered me?

Please respond

Thanks
 
GcWaiter

- if she is here and if you are filing 485 for her in FTJ you dont need 824 since INS already has your case with them. I824 is for cases where the processing is done in a consulate. When 824 is processed INS sends the file to the requested consulate. In your case this not required.

- you dont need to give sponsership document, since you are in the US already and you are not of any public charge. And I hope that you earn more than what is in proverty guidelines(i.e more than minimum wage).

- Nope dont need to, since her application is treated seperately. But at the same time you should able to give a valid reason why you left the sponser if that question was asked.

Also keep in mind some times in a FTJ case with AOS in US they call for interview at a local office. If that is the case you are in this for a long haul. I guess 6 month after approval is reasonable to leave the sponser.

Cool-Guy
 
CoolGuy

Thanks for the response,

So I dont need to sponser her (So i dont need to send that I825)from your message I understand that I just need to send I485 as a Follow to Join (As she was in US when my case was approved).

I think I would quit my employer who sponsered me after I get her GC Approved.

My case was also transfered to local office for a Interview and it was approved.

Thanks
 
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