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ravikes said:
Your advices pls.

my wife's case (wife and kid in India), got approved in April, 2004.

thanks in advance for your replies.
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Did u file I-130? which u are referencing as 'Approed' for spouse and children.

its mean u are sponsering as family based. and periority dates are applied.


In FTJ cases no I-130 is filled on behalf of ur spouse or children. once u get approval of ur G.C ur immidiate family member(spouse+children) are eliagble to drive G.C from ur applicaion.

its seems 130 triger that all situation.

don't panic. relax... find some solution for that.

Good LUck
 
binder said:
Hi -

I was guided to this thread and found it very helpful!

While there are so many posts in this thread and my questions may have been answered many times, I just could not dig it out, so have to ask again. :)

My husband and i married before I applied for the GC. He has been holding H1B, and did not join my application at the time. My I-485 was approved in Nov, 2004. As for now, I want to file following-to-join for him and would rather file by ouselves if it is not so difficult. But We are still not very clear what forms we should submit, especially from my side. My preliminary list is as follows. Please help correct it. Thanks a lot!

1. I-485 (my husband)
2. G-325A, Biographic Information (my husband)
3. I-693, Medical Examination (my husband)
4. I-765, Application for Employment Authorization, (my husband)
5. I-131, Application for Travel Document (my husband)
6. Birth Certificate (my husband)
7. Marriage Certificate (both of us)

8. I-864, Affidavit of Support or I-134 ? (me)
9. Employment letter, bank statements and tax return (me)
10. I-485 approval notice (me) - Is the origianl application necessary?
11. Copy of the Green card, both sides (me)
12. Do I need file I-130 or I-824??? :confused:

What else?
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FTJ consulate procedure is for immidiate relative who are not present in US.
since ur husband is here with u. u don't need to go that FTJ consulate path.

Becz u married before ur approval, all he need to file 485 as dependent application of ur 485. thats it.

Assuming u included him in ur 485. and even not he can eligable to drive G.C from ur approved 485, if u can prove that u get married before ur approval. else u would need to go family based route which is long route.

Not sure why he didn't join with ur pettition on that time may be some reason he thought. but I believe he should have filled his 485. so at time of ur apporval he would have been get his approval too... now if he file today... it may take time. anyway... not trying to disappoint u, but filling 485 with u or in middle of ur process would have made both of u life easy.

Good luck
 
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PrinceofJungle said:
FTJ consulate procedure is for immidiate relative who are not present in US.
since ur husband is here with u. u don't need to go that FTJ consulate path.

Becz u married before ur approval, all he need to file 485 as dependent application of ur 485. thats it.

Assuming u included him in ur 485. and even not he can eligable to drive G.C from ur approved 485, if u can prove that u get married before ur approval. else u would need to go family based route which is long route.

Not sure why he didn't join with ur pettition on that time may be some reason he thought. but I believe he should have filled his 485. so at time of ur apporval he would have been get his approval too... now if he file today... it may take time. anyway... not trying to disappoint u, but filling 485 with u or in middle of ur process would have made both of u life easy.

Good luck
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Thank you, PrinceofJungle!

We married in US before I filed my application, so the proof of our marriage should be of no problem. Unfortunately, he was not included in my 485 application at the time. What I am not very clear is what materials I need to provide from my side in support his 485 filing. Besides the marriage certificate, my 485 approval notice, what else? Please advise.

Many thanks!
 
binder said:
Thank you, PrinceofJungle!

We married in US before I filed my application, so the proof of our marriage should be of no problem. Unfortunately, he was not included in my 485 application at the time. What I am not very clear is what materials I need to provide from my side in support his 485 filing. Besides the marriage certificate, my 485 approval notice, what else? Please advise.

Many thanks!
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Plz read this and download the 485 pdf form, in instruction there is complete list of required mandatory doc and supporting doc.


http://uscis.gov/graphics/formsfee/forms/i-485.htm


I am assuming u got ur G.C through EB .

My advise is not to file urself. get an exp attorney and let him/her deal. trust me you would be glad that u avoid lot of stress and tension. un surity.
and my exp is they do treat different way to u than attorney.

Good Luck.
 
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PrinceofJungle said:
Does it mean you did not declare about ur marriage and husband in biographic section ?
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I declared our marriage and indicated that he is a H1B holder in my application. We just did not included his application in my pacakge. Sort of stupid, but anyway, we are making up now.
 
The priority date which the consulate is talking about is my approval date of P.R. This is what they are considering for my wife's application at chennai.
And since the priority date of eb 3 is somewhere in JUne,2002 currently, they say we have to wait till it becomes current.

My doubt is why are they considering my PR approval date as her priority date. What can I do about it.

Pls reply at your earliest.
 
ravikes said:
The priority date which the consulate is talking about is my approval date of P.R. This is what they are considering for my wife's application at chennai.
And since the priority date of eb 3 is somewhere in JUne,2002 currently, they say we have to wait till it becomes current.

My doubt is why are they considering my PR approval date as her priority date. What can I do about it.

Pls reply at your earliest.
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Did u file I-130?
 
NO, not an I-130, it was a I-824 that was filed and the priority date mentioned as March, 2004 (same as the approval date of my PR) is in the form i-797 (notice of action to the chennai consulate)
 
ravikes said:
NO, not an I-130, it was a I-824 that was filed and the priority date mentioned as March, 2004 (same as the approval date of my PR) is in the form i-797 (notice of action to the chennai consulate)
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The chennai consulate is treating FTJ case as 'Family based sponser' by mistake.

There is no periority is applied for FTJ cases. ur spouse+child are exempt to wait for visa number.

http://www.insexperts.com/en/gc/elig3B.htm

The beneficiary is also exempt from this requirement if he/she is eligible for following-to-join benefits. These benefits are available in certaincases where the beneficiary is the sponsor's husband/wife or child, and has never accompanied the sponsor to the US. In this situation, the beneficiary can apply for the adjustment of status at the same time that the sponsor applies for the following-to-join benefits. Use the free INS Experts Eligibility Quiz to determine whether you are eligible for following-to-join benefits.


aslo check state.gov site for explaination.

use ur attorney to correct that situation made by chani consulate

give the printout of the following doc to ur attorney ask him to explain 'When principal adjust'

http://foia.state.gov/masterdocs/09fam/0942053PN.pdf

Good Luck
 
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sukhish said:
That's a problem.

The priority date on the form I-824 should be the priority date of your green card.
which is the date you filed for the labor certification , look at your I-485 approval
and see what priority date it has , that's the date which you should have filled
in your I-824 form.


thanks
Sukhjinder
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FTJ benificieries are exempt from priority dates, and immidiate relative of US-Citizens are exempt too.

periority dates are applied on family based cases.
 
Prince of jungle:

May I correct you... PD is applied even in the FTJ beneficiaries but the PD of the principal applicant will transfer to the beneficiary.... Assuming all FTJ cases are EB, EB-3 has a PD... Most EB-3s never run into a problem as PD are well before the current PD (June 2002)... but never know.... with the concurrent filing and a heap of approvals mid and late last year might create special cases for some.........

Ravi: your case shld be FTJ in EB-3 and shld have ur PD transferred to ur wife(as every body has told you on the site)... Get it corrected.. The lady in chennai is very rude most of the time.. Talk to her softly and she will change it (I called on Thursday assuming she wld be in a good mood as it is some what their week end)..... I was successful after two months of frustration in transferring my wife's case from EB-3 to EB-1...

Regards
Srini
 
srini_pvr said:
Prince of jungle:

May I correct you... PD is applied even in the FTJ beneficiaries but the PD of the principal applicant will transfer to the beneficiary.... Assuming all FTJ cases are EB, EB-3 has a PD... Most EB-3s never run into a problem as PD are well before the current PD (June 2002)... but never know.... with the concurrent filing and a heap of approvals mid and late last year might create special cases for some.........

Ravi: your case shld be FTJ in EB-3 and shld have ur PD transferred to ur wife(as every body has told you on the site)... Get it corrected.. The lady in chennai is very rude most of the time.. Talk to her softly and she will change it (I called on Thursday assuming she wld be in a good mood as it is some what their week end)..... I was successful after two months of frustration in transferring my wife's case from EB-3 to EB-1...

Regards
Srini
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I agree with Srini.. Principal PD will transfer to beneficiary and no need to file 2nd I-824.
That will confuse the INS and delay your case.
 
Thanks to all of you who has guided me here. With all your advices, i sent my 10th email to chennai stating that it is my understand that the spouse retain's the principal's p.d and hence my spouse's pd should be somewhere in 2001 (no priority date is mentioned in my I-485) and not 2004. Because 2004 is the date when i received my PR.

Then luckily today i get a reply that they will look into it. I am actually really happy to receive atleast this reply because earlier it was the same reply always, u have to wait for your priority date to get current. Currently it is 2002 and yours is 2004.

All of your advices really played a role in my getting this positive response. Will keep you updated and will get back to you for more advices if required. Thanks again.
 
sukhish said:
All,
My wife has received Packet 4, her interview is on 17 May,
could anybody tell me as to what documents to send from here( from my side ).

thanks
Sukhjinder
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You need to send following documnets:
- Affidavit of Support
- Copy of Alien Resident Card (Green Card)
- Copy of I-485 (Form I-797) Approval from USCIS
- Notarized copy of Passport (your) with I-551 stamp
- Employment Letter
- Tax Transcript from IRS OR 1040
- W2 forms
- Pay-stubs
- Bank Statements

In addition to above, she will also needs following during her interview:
- Interview Letter
- DS-230 Part-1 & II
- Passport
- Birth Certificate
- Marriage certificate
- Medical
- Photograph
- Police Clearance
- Fees
 
PrinceofJungle said:
http://travel.state.gov/visa/frvi/glossary/glossary_1363.html

Immediate relative immigrant visa cases do not have country numerical limits, with waiting times as a result of the country limits. The terms priority date, cut-off date and current/noncurrent does not apply for immediate relative cases.
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I am an employment based category FTJ... I am talking about E-1, E-2 or E-3 only... In these cases PD is applied as per the talk I had with the consulate and also my lawyer... I am not familiar with IR cases.... and atleast in my case, I was not given an IR category.... I am not contradicting you prince of jungle, as I said in my post that assuming most FTJ cases are EB (in which case atleast Chennai Consulate applies PD; the lady very harshly told me that)....
 
srini_pvr said:
I am an employment based category FTJ... I am talking about E-1, E-2 or E-3 only... In these cases PD is applied as per the talk I had with the consulate and also my lawyer... I am not familiar with IR cases.... and atleast in my case, I was not given an IR category.... I am not contradicting you prince of jungle, as I said in my post that assuming most FTJ cases are EB (in which case atleast Chennai Consulate applies PD; the lady very harshly told me that)....
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Spouse and Children of LPR is called Immidiate Relative, FTJ is benifit, Because u married before ur approval they are benificiaries for FTJ benift and eligable to apply immigrant visa. Their visa catagery is EB not family based. and their visa number will be derived by Principal (your) immigrant visa number.


now days EB catagery does fall in retrogesssion, principal 485 approval are effected by this restriction, since u got ur approval and they are ur immidiate relative and they are not required to wait any visa number in queue neither periority date is applied on them.

Good Luck
 
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sukhish said:
All,
Is it possible to reschedule the newdelhi interview , if yes what needs to be done .
My wife had given her passport to canadian embassy in newdelhi and it's been
a month and she hasn't received her passport back.

So I'am thinking that if she doesn't get her passport back by 7th of MAY she will ask for reschdule.

I had applied for her canadian permanent resident VISA. As I'am a canadian resident too.

what do you think.
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You can always reschedule. Just let them know that you need more time to complete paperwork.
 
See inline.....

sukhish said:
All,
Is it possible to reschedule the newdelhi interview , if yes what needs to be done .

... Yes. You can visit consulate or call them to reschedule the appointment date.


My wife had given her passport to canadian embassy in newdelhi and it's been
a month and she hasn't received her passport back.

So I'am thinking that if she doesn't get her passport back by 7th of MAY she will ask for reschdule.

I had applied for her canadian permanent resident VISA. As I'am a canadian resident too.

what do you think.
Click to expand...
 
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