Follow To Join....

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Marriage after 485 approval...Plz Help

Guys,
I got married 20 days before my 485 approval and could not add my spouse. She is here in the US on a H1. Do i have any hope of adding her?
Or do i have to file a I-130 and wait 5-7 years?
I have held off getting my I-551 stamp.
Thanks in advance
mirage
 
Mirage27

No Worries Mate!!
Yes you can add her name to your application and get her a permanent residency as long as your marriage happened before your 485 approval.
You would have questions initially but slowly as you traverse through this forum about Follow to Join Procedure you will have most of your questions answered.
In my opinion it should'nt matter even if your wife presently has a Non-Immigrant Visa, you can still apply for FTJ benefits.
Best of Luck.... :)
 
Marriage before approval

Hello All

I hope someone can provide me some guidance on this issue and outline all the options for me.

I got married on Dec 16, 2004 and my GC was approved on Dec 29, 2004. Unfortunately, I did not have enough time to bring my wife to USA and add her to my application.

She is currently in India and I am looking for ways to get her here.

I was told that I can file a follow to join (i 824) and bring her to the USA. The problem is I was approved under EB3 category which is currently retrogressed to Jan 2002 for India.

1. First am I eligible to file for her I 824?
2. If yes, does retrogression effect my case? My PD is April 2003. The USCIS website states that no immigrant visa number is required for follow to join but in another 2 paras they say that visa number is required.

http://uscis.gov/graphics/howdoi/appproc.htm#Following

I am also trying to get here on a H1 (in Oct 2005).

1. Are you aware of any problems in stamping H1 for spouse of LPR?
2. If we file for H1 can we simultaneously file for I824 without effecting chances of getting H1?
3. After she comes to USA on H1, can I file her I485 based on my approval or will she have to do her own GC process?

Remember we got married before approval.

All support and answers in this matter would be highly appreciated.

Regards

Rich
 
ftj = green card @ end?

when someone files follow-to-join for his spouse....does his spouse get green card at the end of approval or its it a different status (like h4)?
how long does ittake? i am married currenlty and my gc can get approved in possibly a month time. i am not getting appointment in us consulate for h4 and so i may not be able to bring my wife on time. i am looking at ftj route? i am eb2. how long does it take these days for ftj route?
 
ftp = gc@end

kshathrya said:
when someone files follow-to-join for his spouse....does his spouse get green card at the end of approval or its it a different status (like h4)?
how long does ittake? i am married currenlty and my gc can get approved in possibly a month time. i am not getting appointment in us consulate for h4 and so i may not be able to bring my wife on time. i am looking at ftj route? i am eb2. how long does it take these days for ftj route?
Click to expand...

ftj should not take more than a year. green card is given at end of process. u file 824 petition, it gets approved, wife gets notification in india, goes to consulate for interview gets immigrant visa stamped on passport.
 
Question on Follow-to-Join (very urgent and important)

Hi guys,
My GC may get approved in 2-4 weeks. I am already married. I am not getting appointments in consulate, so i am not able to bring my wife here soon enough to apply for her 485, b4 mine gets appreoved.

Now, if i get my gc (485) approved, i learn that i can file folow-to-join and that it may take 1 year and that she gets her green card then. But in the mean time is there a way to bring her here? can she come as visitor or h1 or something? will consulate deny her visa just cuz her follow-to-join application is pending.

btw, what happens if we get appointment in nect couple of days and she come to US in H4 nd then my gc gets approved before i could file for her 485. can she saty. whjat status will she be in?

please advice.
very urgent and important.
 
kshathrya

Hello kshathrya,
I can answer for you on FTJ. You don't need to apply for I824 at all.
It takes just 4 months for the whole process and approval(GC).
Regarding the H4, until you do stamping for GC you are good. You can delay for few days to apply for your wife's 485.
But FTJ is a clear process.
 
misstryguy - Pl. tell me more...

misstryguy:

>>I can answer for you on FTJ. You don't need to apply for I824 at all.
>>It takes just 4 months for the whole process and approval(GC).
>>Regarding the H4, until you do stamping for GC you are good. You can >>delay for few days to apply for your wife's 485.
>>But FTJ is a clear process.

If i get my green card (I485) approved, i was thinking my only option is I824
You are saying there is another route. Please tell me more. How can that be done in 4 months? Its very important for me and I will relaly appreciate if you can give me more details or threads that explains this.
So if i get my 485 approved, and if i dont stamp my passport can i still bring her here in H4? Iam a bit confused, can you please explain more.
Others please chip in too.
 
485 approval

hello

as soon as u get ur 485 approved ur h1 is immediately invalidated. so ur only hope would be either a ftj or get her on a h1.

i am in the same boat as u. only worse i am under eb3 which has retrogressed.

which category r u under? irrespective i think eb2 will also retrogress in abt 6 - 8 months due to increased demand and PERM.

hence i suggest that in case u get approved soon, then you should file both the 824 as well as begin h1 processing for her.

all the best and i hope you get approved only after ur wife is added.

regards

rich
 
ftj

Tnx rich_kennedy. I appreciate your reply.
I am in EB2 category (concurrent filer & invoking AC21).
I guessing, may not get into retro issue yet.

I am still confused baout what 'misstryguy' said. how can i get her here in 4 months. btw, H1's are way too slow these days too right.
 
Ftj

Hello Kshatrya,
Yes, FTJ takes just 4 months nowadays. You don't have to apply for I824. I confirmed with Embassy. Even some lawyers are not aware of this.
To start the FTJ, send the cover letter along with approval notice, Passport stamping etc. For the documents need to be sent, please refer previous pages on this forum (Mike cordozza posting will be helpful)

About my case..

--Got married...
--Got approval on 1st week of Oct '04.
--Applied for FTJ for my wife at end of Oct.
(Note: Did not apply for I824, did not wait for Plastic card either).
--Received Packet 3 in two weeks.
--Sent the docs back in Nov.
--Received Packet 4 along with interview date in Dec.
--Got GC approval for her on interview in Jan '05.


Refer previous pages for all the necessary docs that has to be submitted in each stage. I hope this helps.

*********
Regarding H4, if she is already here and before she applies I485 if you get approved, you can push the stamping until you apply for her. But this is not clearly explained anywhere.
 
misstryguy, u made my day

"FTJ takes just 4 months nowadays"
I am happy to know that.
So as soon as i get my Gc approved, i can apply for I824, wait for the receipt and then apply FTJ with that receipt copy?

Great. What did you hear from consulate? did they say that we dont even need I824 or am i not understanding that correctly? Mine is Chennai Consulate, btw.
 
I824

Please refer my previous answer..
We don't need to apply for I824 at all. They don't care anything about I824 now.
Mine is also Chennai consulate.
 
FTJ from Delhi

Has anyone processed through Delhi.

I sent them mail and they want i-824 approval before opening the case.

Please advice.
 
RajinCA

I am not sure about Delhi Consulate. But, at chennai consulate, if you ask for something they always say they need it.

I asked whether they need my Plastic card copy. They said yes but I was not able to send it and they didn't care.
They asked I864 affidative of support(it should be I134 instead) when I asked them in mail they wanted I864.
In the interview they only needed I134.

So, the email response is not accurate with the consulate. Better talk to some person or just send the docs to them.

When I spoke with chennai consulate they didn't required the I824 at all.
 
I-824

Hi,

I recently contacted chennai consulate by email about the procedure of F2J :

Here is the response which I received from them.Based on their info. I guess we don't need to send I-824. I am waiting for my 485 approval to start F2J process to my wife.

-----------------------------------------------------

Email response from chennai consulate :

Follow to Join process

After the principal applicant receives his/her green card, you are required to send copies of the following notarized documents to our office:



Approval Notice (Form I-797)

All pages in the Passport

Green Card (Both sides)

Marriage Certificate

Applicant's Birth Certificate

Current mailing address


This office will request the USCIS to confirm the principal applicant's status after which a case will be created and this process may take at least three months. Once we create a case, the applicant will be informed directly.

Visa Information Unit
American Consulate General
220, Anna Salai
Chennai 600 006
India
Phone - 91-44-28112060(dir), 28112000(board)
Fax - 91-44- 28112020, 28112027
Website - http://chennai.usconsulate.gov
 
I-824

I think Chennai consulate rules are different.

Are there any residency requirements to process from Chennai if Delhi donot open the case without filing I-824 or with I-824 receipt.

This is the response I got from Delhi.

-------------------------------------------------------------
1) I-797 of I-824, original along with the photocopy.

2) Notarized copy of the Green Card and Passport of the principal applicant.

3) Notarized copy of the I-485 form.

4) Marriage certificate.

5) Birth certificate of the children, issued in Punjabi including notarized

English translated copy of the same.
 
Ftj

Mistryguy

What do you mean you filed for follow to join?

The only way I see on the net for filing follow to join is through 824. Is there some other form?

Can you please be more detailed on what you mean by "filed for follow to join".

Thanks

Rich
 
Ftj

Rich_kennedy,

Along with following documents. Prepare a cover letter in which you have to mention that you are filing "Follow to join" for your wife with address and contact info, that will do it. There is a sample cover letter in this forum too.

Approval Notice (Form I-797)
All pages in the Passport
Green Card (Both sides) (I didn't send this)
Marriage Certificate
Applicant's Birth Certificate
Current mailing address

Again, Its not only the I824 will start ftj process. Read recent pages of this forum for latest procedures.
 
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