Follow To Join....

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Hi

Yes I am still in the same situation, mine was approved in
August and chennai has not yet got the cable message. This
really sucks and dont know what to do. One lawyer asked me contact the consular liasons office and see what they can do. If nothing works out the only other alternative is to refile the 824. I know this might sound frustrating but I dont see any other alternative to this catch 22. Let us know of the progress Raju prabu, if we keep us informed it will be mutuall beneficial.

Cool-guy
 
Follow To Join and Registration at the Consulate

I am in the same boat. I-824 Cable Notification approved twice, since the Consulating is saying that they have not received anything from the INS. Has any one considered the following option to apply for an immigrant visa for spouse?

Physically visit the Embassy in your home country, with a proof of your green card status, an original copy of your I-140 approval notice, and a proof of marriage which indicates that you married before your green card approval date. The consular officer there should register your spouse and issue your wife a Packet III on the same day. If you fill out the Packet and submit it to the consular officer on the same day, your wife will most likely be schedule for an interview within a couple of months. It is the easiest way. Only drawback for this option is you must go to your home country to register your wife. It cannot be done through mail.

Thanks.
 
Hello hxs_ctg

What you just explained seems to be great news for people who are waiting for months expecting the consulate to either receive or acknowledge the cable from INS after I-824 approval.

Have you or anyone you know followed this procedure. If you can point me to links of INS web site please do. The reason being i don\'t want to raise false hopes for people who are suffering right now.

Thanks
 
Re: Hello hxs_ctg

First, a little info regarding Consular Notification I learnt couple of days back. INS does not send any notification directly to the Consulate. When the I-824 is approved, INS will send a request for Consular Notification to the DOS at Washington DC. It is the responsibility of the DOS to send the Cable Notification to the Consulate. Some Consulate will accept a fax directly from the INS Service Center. However, one has to convince the Service Center to fax the Approval Notice.

My lawyer suggested opting this approach (I will go home once I receive the plastic card. You can go with the temporary I-551 stamp as well). I also posted my query at the Discussion Forum moderated by imminfo.com. Attorney Ron Gotcher gave thumbs up regarding visiting the Consulate with spouse as outlined in my last message. I also saw similar posting at isn.org.

The Consulate definitely has discretion on these types of matters. I recommend contacting the Consulate and verifying actual procedure including required documentations.

Good luck!
 
Bringing Spouse to US After Filing I-485

I would like to get so info on brining my wife to US. I have already filed for I-485 and My H1 has expired I travelled India on AP and I do have EAD. Is there a way that I can bring her here within a short period of time ? Any help will be really appericiated

Thanks
 
Bringing Spouse to US After Filing I-485

I would like to get so info on brining my wife to US. I have already filed for I-485 and My H1 has expired I travelled India on AP and I do have EAD. Is there a way that I can bring her here within a short period of time ? Any help will be really appericiated

Thanks
 
BALLE

I guess if you have your H1 extension then you can go out
of the country reenter US with a new H1 stamp. This way you
aquire back the H1 status. Then you can apply for H4 for your
wife and bring her here. Once she is here you can apply for 485 for her. Hope this helps, but this is the only short way to bring her
here.

Cool-guy
 
Advice needed ...pls help!!!

Rd 05/07 ND 07//09 If I go to India and get married, and if for example, my I-485 is approved while I\'m in India, will my wife be eligible for "following to join" immigrant visa and avoid the I-130 petition and priority date fro visa # etc.?

Also, I won\'t be checking AVM or mail from India so how would I know if I got approved? Approved or not, can I still go the Consular office in India (assuming I didn;t get approval notice on the day I left) and file for wife\'s H-4 (I\'m on H-1) or "following to join" visa once my GC is approved?

Thanks in Advance!!!!
 
Follow to join...

Urgent help needed..

Can spouse file "follow-to-join" if we are married before I-551 is stamped on passport (I-485 approved) or is it marriage before approval notice is received or issued? What if I\'m in India when approval notice is sent to my US address??

Any previous experience, thoughts, comments in this matter appreciated,. Thanks!!!!
 
to kobayashi

From what i have read and understood .

the Date of approval I-485 is the only date that you need to concern with ( All other dates like date of received/issued/I-551 stamping date are of no consequence ).

Simply put if you are married before the date of approval of your I-485 application then your wife is eligible for Follow-to-join benefits as she will get a VISA # from the EB-3 quota. If you are married after I-485 approval date then you would have to go thru Family based visa quotas and it will take years.

Hope it helps.

Note: The process is slighy different if you are doing CP instead of I-485 for your GC.
 
Indian Guy, Thanks much ...an additional question

I\'m doing I-485 here and not CP. I\'m planning to leave for India to get married soon (in two weeks or so). Assuming my I-485 is not approved the day I leave, can I then get married and apply fro "follow-to-join" for wife?? In India, I won\'t have any contact here and wouldn\'t know if 485 is approved or not.

Finally, I also have H-1 visa valid. Can I just apply for H-4 for wife assuming my 485 is not approved the day I leave for India???

Thanks in Advance!!!!!
 
kobayashi-marriage

if days or weeks are a matter of concern, then get married and bring your spouse on H-4 here. Once the dependent is already in the country on any legal visa, it will be I-485 for her. But if u r already on I-551 u can\'nt do that. Hence, H1 status is better for one to get married in.

Yes, date of wedding (with ref to dt of approval)is the most important factor for FTJ, but legal residence of dependent spouse may play more important role in some cases. If spouse is in the USA on H4 or F4,regardless of the date of approval,adjustment can be made. In other words she wont be asked to go home and wait in the line for years for greencard interview. She/he will be permitted to stay with spouse while waiting. Not a legal advice.
 
to kobayashi

I don\'t think ur date of leaving for India has no benefits towards consideration for FTJ . It does not matter when you get married as long as the date is earlier than your approval date she is eligible for Follow-to-join benefits. Just because you are not aware of Ur I-485 approval date ( whenever it happens as u not being in the country ) it does not allow you to get married anytime later and claim FTJ benefits for ur spouse.

As for getting case status you can call International and try getting to the Automated Voice Mail system of the service center. I have used this before from India.

 
My 2 cents worth.
Get to ur home country and get married before ur approval occurs. Maybe you could atleast a complete a civil marriage the day you arrive at your country

As long as ur I-485 is not approved and you have a valid H1B you can apply and bring your wife to the US on a H4
 
Indian Guy, Dharma Rao Thanks! ..and one clarification needed...

Dharma Rao, Indian Guy-

Is it possible then that I go to India, get married and come back w/ wife on H-4.. and then find out I-485 was approved while I was in India (regardless of before or after marriage), but I can still apply for FTJ for wife because wife is now in US?

Also, if i get approved and go for spouse\'s H-4, will they stop me from doing that at the consulate if they find out I was approved a week or two before or while I was in India(I won\'t have I-551 stamp though)?

Finally, is approval the approval notice of I-485 or the I-551 stamp? if the stamp is what matters, then I can possibly not get my stamp before going to India (even if i\'m approved) and only go for stamp on passport after I come back.

Thoughts, comments are hugely appreciated!! Thanks!!!!!
 
PLease advice..

I applied for I485. I got married prior to applying. At that time I was H1-B. So H4 was stamped. My husband made a couple of trips to US.
He is currently in India and will be there for a while. Along with I485 I applied for I824. What is the process after my I485 is approved.
I know many folks in this board have gone thru my situation.
Further due to his exams he can take interview only in Nov of 2002.
Any input is appreciated
Thanks in advance
GRAMS
 
Have you got your duplicate copy of I797?

Hi, Have you got your duplicate copy of I797? I am going to do the same thing since I filed my AC140 with all those original documents back to China three months ago, but I have not got the case number yet. Something wrong, my attorney think my package was lost at the consular, without the original document we can not refile AC140. So if you have any information, please let me know! My attorney said it needs to take 5 months, I am not sure whether it\'s true or not!

Thanks!
 
Packet 3 from Consulate

Hi,

My I824 approved on oct 23. Vermont Cabled to Chennai Consulate on Oct 30. Still now Chennai not received cable.

I just spoke to my lawyer, he suggested my wife should go to American Consulate in Chennai with I824 approval notice. and they are going to issue packet 3 to her.

Is anyone done this before? what is the proceedure? Do I have to make an appointment?

Any help is greatly appreciated

Thanks
 
Hi Raju Prabu

I am also in the same boat from august. I have not
seen anyone doing it, but its worth giving it a try.
The consulate is open for immigration visa
enquires on all fridays from 1:30pm to 4:30pm.
Good luck man, let us know what happens. There are
handful of people going through this hardship.

Cool-Guy
 
Foerign affairs manaul

Guyz,
Hope this helps a little bit for all the people who are going through this cable mishandling hardship.

Option 1:

Going to the consulate directly with AOS proof, the consulate
must be able create a case number. Refer to following in
foregin affairs manual

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

Option 2:

Secondly there is some thing called as "Visa Omega Cable"
that can be sent from any consulate (eg Canada or Mexico).
No need for appointment, go the consulate general show
all the details originals 140, 485, 551 and marriage vertificate.
The issuance fee is $30. I have not yet tired this personally.

Hope this helps, and keep the board posted.

Cool-guy
 
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