Follow To Join....

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Follow to Join Clarification

I\'m Currently on EAD (applied for 485 Oct 02, recceived EAD Jan02- H1B expired)-I want to know my options for getting married and getting my Wife to the US
I read the following at the Murthy site, but my assoc lawyer indicated that my wife has to be here for the follow to Join case. Please validate.

To summarize the INS position, as long as the principal applicant gets married prior to the INS\' approving the I-485 application, there should be no problem for the dependent/s to either file the Adjustment of Status, if in the U.S., or to "follow to join," based upon a consular interview abroad. Therefore, the principal can file the Adjustment of Status application prior to marriage, but the marriage needs to take place before INS makes its decision on the I-485 application.
 
anytime before I-485 is ok

you need to file I-824 as soon as you get married and then
wait until I-485 approval. Once I-485 gets approved INS will inform
Consulate in your country to create a case for the beneficiary
mentioned in I-824.
Good luck,
mm_a
 
How soon should I join my husband after getting GC-any time limits?

I have my GC interview at madras consulate in april but do not want to get it now as I cannot leave madras for about 8-10 months due to personal/family reasons..what options do I have?
1.can I get the GC now but leave after say 10 months-12 months? is there any time limit between getting GC and leaving for USA? has anyone left very late?
2.can I postpone my interview and wait for my turn later?has anyone done this?
any help is appreciated.Thanks
 
what\'s the chance I824 get rejected

if you file 824 before your 485 approval and after your 485 notification? I824 is supposed to be Action on APPROVED application. I did so because nebrasca is slow in processing both 485 and 824.
 
proof

Hi Folks,
  What are the items to be submitted as a proof for the marriage. Please let me know. Will a marriage certificate from a church do, or do we need to submit a certificate of marriage from the muncipality or something.

Regards,
IloveGC
 
i824 will not be rejected

I-824 will get approved but the action(They will notify to consulate)
on I824 will be triggered only after your I485 gets approved.
 
marriage certificate that is registered with the goverment should do

I am not sure if certificate from a church would do. I think you need it from the government organization that over looks them in your country. If married in US you must get it from the state.

Cool-Guy
 
Further clarification

Thanks for your promt response.

Once INS informs the Consulate in the beneficiarys country, how long does the process typically take? or what are the steps- does it take the usual 4+ years as for a complete new GC
 
typically 3 months time frame

Typically once the notification reaches the consulate, the consulate will send Packet 3 forms to the spouse with a case number. Your spouse must fill the Packet 3 forms and submit them with the consulate. Then within 8-10 consulate will schedule an interview for your spouse and will send Packet 4 forms before the interview. And thats the end of the ordeal.

Cool-guy
 
BEWARE : immigration visa issued at consulate is valid for 6 months only

the immigrant visa that consulate gives is valid for only 6 months. You must enter US with in 6 months and establish residency. alternatively you can enter US and leave for India and you have one year to reenter.

I am not sure how you can extend your scheduled interview. Talk to the consulate people or send them a email. They will get back to you in a couple of days time frame.

Cool-guy
 
CANADIAN MARRYING US, FILING RIGHT AFTER MARRIAGE

Can you please tell me the procedures of going to INS after wedding to apply for adjustment of status, work permission, and permission to travel. We are going to INS day after marriage. What should I expect besided waiting in line at 1:00am, and then wait for a few hours. What do we expect a few months later? How does this all work, will he be able to work a few months later?
Please clarify,
Rachel
 
Following-to-join ; Beneficiary and petitioner same

I got me GC three months back. Six month ago, while my case was pending, I got married and filled i-824 for my wife (following to join). On that form, it did not ask me to provide my wife\'s name(at least the form sent by the attorney). today, when i was checking the i-824 approval notice, i noticed that the petitioner name and beneficiary name were printed same name ( meaning, my name). Now, VSC is telling me that my I-824 has been approved and notified to overseas consulate.

Because the beneficiary and petitioner are some,
Will it be a problem for my wife to get interview? any other problem ? or, i have to file I-824 from the beginning?. Please give me your experience/thoughts

thanks,
 
Do not worry

I also had same Question. My lawyer had attached details of my spouse
and child on a separate sheet.
After VSC notified to Consulate in India,we received Pkt 3 with proper
names (i.e. beneficiary etc.) along with a case number they created for us.
In your case, I would wait until Pkt 3.

Good luck,
mm_a
 
Question on Follow-to-join

hi

1. i have an i485 pending and am planning to get married and bring my spouse here on H4 to add to my AOS. though we are getting married very soon and it very likely that our marriage would be before my approval, i am not sure if we\'ll be ready to file for her AOS before my approval. in such a case, with her here and on a H4 and me with an approved AOS, can she leave to her native country(as her h4 becomes invalid) and can I file for follow-to-join ?

2. any ideas on how long it takes for follow to join for cases in california for the whole process to be completed ?

bye
rajesh
 
little more info please

Thank you for the info.

On i-824, i did not fill out my address in India. Will they pullout that info from I-485(or other form where i specified my permanent address) and mail pkt3. Is it possible to ask consulate to send the pkt3 to specific address ( where my wife live)?.

I am from TamilNadu, but my last job in India was in Delhi. After approval, VSC sent the file to India. But,I was unable to find where the file went and took 2 months to resent the file back to Chennai. Hopefully this time they won\'t screw up. One sad thing was, INS said the file went to India, but they could not figure out where in India?. Another sad thing is, most of the attorneys are NOT HELPFULL while case in crisis.

Thanks,
 
little info

I don’t know your exact situation, but,consider the following to join is your least option. As long as you have valid H1, you should be able to bring your wife on H4 to US and add her name on to I-485. If you have completed your six year H1, to my knowledge ,following-to-join is the only option. you may talk to ins/ attorney to get correct info.
 
Even if I have AP, can I still use H1B to enter US?

Hi Cool guys!

Your responses were just great.

I have EAD,AP and valid H1. I am planning to travel to India next week. I sureendered I94 while applying for these and I don\'t have I94 now.

1. Whe I leave US, what should I show?
2. When I come back, can I show only H1B and enter US? I do not want to use AP because I am planning to travel again soon and applying for it again takes time.

Thanks in advance!
 
Question about follow-to-join

hi all

i am in 485 and am going to get married very soon and file for follow to join, since that is the best option as my wife would not be able to travel back with me to file AOS.

1. after filing follow-to-join, can my wife enter the country on a B1 which she already has for doing office work ?
2. what are the things i\'ve to ensure in the marriage to get the proper docs for follow-to-join ?

bye
rajesh
 
marrying after gc

hi
i just got my i485 approved. i am planning to get married this year.
any ideas how long does it take to bring my future spouse to US and what are the procedures?
any help is greatly appriciated.
thanks in advance.

best regards
rv
 
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