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Apparently your GC got approved after your marriage and your wife visited you in US. You cannot file 824 as you are not meeting the requirements. Check it out

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

Even if you are able to file 824 and your wife get approved u wont get the visa until the PD is not current and with your PD I would say that it will take 4-6 months to get current.
You cannot file 485 as she is not here.
I dont really know but I think that if the lawyer is agreed to file 824 then go for it and if approved u can get the visa within 4-6 months.
BTW are you 245(i) or Employment based visa holder.

Good Luck.



krocker said:
EB3, India, PD - 04/30/2001
Married in 2005.
I-485, TSC, Approved - 03/04/2006
Passport Stamped via Infopass - 03/10/2006
Lady was nice, i just showed them a print out of my email notification for approval.
Card arrived in the mail, next day - 03/14/2006
NOT GOOD!!!! since my wife is in Chennai.
We couldn't file her I-485 cuz my PD wasn't current since June, last year.
I wasn't expecting my I-485 to be approved while my PD is not current!! somebody jumped the gun.
Do i need to file for I-824 or can i just send a letter to the Chennai consulate along with copies of a check list of documents and request for a case number and an interview??
Pls. advise any steps or tips that will help me to be proactive and avoid red tape.

after talking to 4 different lawyers here are my options

1) Walk into any US consulate in Canada or Mexico and request for 'Visas Omega Cable' to Chennai (This will bypass I-824 process!!) Anyone familiar with this??
2) File for I-824 for FTJ. 2 extra months of processing!!
3) Send a mail to Chennai with all the documents and a cover letter, requesting to initiate a FTJ process. Is this allowed for Chennai??
4) Get the I-485 approval rescinded via an Infopass appointment and regain H1B status which will put my wife back in H4 status. Risky??
5) Should i hire an attorney for these two steps?? FTJ and GC Approval date correction??
Pls. help me validate my options.
UNITEDNATIONS !! i got your handle name from a good friend, he suggested that i call out to you and all other wise-guys on this forum.

Thank you
 
Employment based. 203 (i).
"spouse did not physically accompany me to the U.S."
she came few months later, on H4 Visa. If thats what you meant.

kamrans said:
Apparently your GC got approved after your marriage and your wife visited you in US. You cannot file 824 as you are not meeting the requirements. Check it out

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

Even if you are able to file 824 and your wife get approved u wont get the visa until the PD is not current and with your PD I would say that it will take 4-6 months to get current.
You cannot file 485 as she is not here.
I dont really know but I think that if the lawyer is agreed to file 824 then go for it and if approved u can get the visa within 4-6 months.
BTW are you 245(i) or Employment based visa holder.

Good Luck.
 
Yes. I am not sure it means that she never come to US or she is not present here right now.
The lawyers can give you a good advise. Why dont u file 824 if they are agreed to do it. If it works u will get it within 4-6 months.

Good Luck.
 
Hi Folks

Folks:

Its been a while since I got in here... Went thru FTJ some time ago and know the pains of it... Good luck for you guys....

krocker: My wife went thru FTJ in Chennai. Your case is a little different to mine in the sense my wife had never been to US nor she had a H-4 visa. Consulting a Lawyer is better from you. In general, if you have a green card and you are married before receiving it, then your wife is eligible for one... My experience with Chennai consulate is; it does accept documents without an 824 approval. I sent in all the docs and her case was created even before the 824 got approved. 824 was just a back up as said by my lawyer (well, it may be for money coz he gets paid for applying it... period..).......

Well, guys some of us were lucky enough to get the FTJ done before the retrogression hit and I was one of them.. I wish you luck and hope your cases get thru faster too...........

Srini
 
How to get a case created in the Chennai consulate and what are te documents to be sent to them. I have applied for I824 and my PD is march 2001.
 
Dose anyone know how Chennai treats FTJ for PD thats not current??
will they process Packet 3 and just hold off on Packet4 and interview date?? or will they just create a case number and sit on it till the PD becomes current and then send out the packet4??
ino dese dat questions are implicited with wishful thinking. :)
Thanks

praneet said:
How to get a case created in the Chennai consulate and what are te documents to be sent to them. I have applied for I824 and my PD is march 2001.
 
They will say that you PD is not current and when it will be current then you can apply for FTJ.
I was done with medicals and everything but then they told me that PD is not current and we have to wait until it gets current. They returned all the documents to my wife.

Try it and you will know.
Good Luck.




krocker said:
Dose anyone know how Chennai treats FTJ for PD thats not current??
will they process Packet 3 and just hold off on Packet4 and interview date?? or will they just create a case number and sit on it till the PD becomes current and then send out the packet4??
ino dese dat questions are implicited with wishful thinking. :)
Thanks
 
Does anyone know if Chennai Consulate will agree to recieve my FTJ application and do some preliminary processing even if the PD is not current??
Thanks
krocker said:
Dose anyone know how Chennai treats FTJ for PD thats not current??
will they process Packet 3 and just hold off on Packet4 and interview date?? or will they just create a case number and sit on it till the PD becomes current and then send out the packet4??
ino dese dat questions are implicited with wishful thinking. :)
Thanks
 
Your son

susan ward said:
I cannot beleive the consulate now say I have to start my sons case all over again.

Apparentley the service centre is now working on cases recevied in 1996 so could be another 10 years which is absolutley ridiculous

This is truly a case of gross incompetence by the USCIS and DOS.
 
I know cases when they send the packet back to them and asked them to wait until it gets current. Try your luck and see.

Good Luck.

krocker said:
Does anyone know if Chennai Consulate will agree to recieve my FTJ application and do some preliminary processing even if the PD is not current??
Thanks
 
I don't understand your question. Sorry. Can you elaborate more.

If you are talking about the money then its about 384 dollars.


vravi100 said:
Hi Kamrans,

How much does it cost at the Chenni lab? Thanks
 
kamrans said:
I don't understand your question. Sorry. Can you elaborate more.

If you are talking about the money then its about 384 dollars.
We have an interview on April 13th at Chenni, so we are planning to go for the medical test at the lab on 10th of April. In your earlier message you mentioned that you or yours went for the medicals. So, I wanted to know how much it costs for the Lab and the Physician. Thanks
 
All the info is available at chennai consulate web site. Besides this, consulate sends all these details to applicant.
 
Visitor Visa to visit LPR spouse

I believe this is not possible. Your wife will definitely be denied of a visitors visa because she is a potential immigrant with you as an LPR. I used to have a B1/B2 10yrs-multiple entry visa expiring in 2007 but it was revoked when I applied for a visitor visa last Jan06 for my 3 yr old kid who I wanted to bring for a visit to his dad. My kid was denied. Mine was revoked. It is just so frustrating....

Hope this helps anyhow.



rammyrammy said:
This is a Wierd Question. and Stupid Question....

Do they issue Visitor or Non Immigrant Visas to Spouses oF LPR's.
The DS-156 form has a clear question regarding this(Do you have any of these people living in US, husbands mother father etc) .
And so if we say the truth that a Spouse is an LPR and I want a Student or Visitor VISA? They will get a reject right?
Does this mean that Non Immigrant Visa Option is totally Closed?

The main question I have is, Can some one tell me if they got a Non Immigrant VISA with the above Situation? or
can my Wife go for a visitor VISA, telling that I am Visiting my HUSBAND.( :) )...
(Kind of wierd, people can go and visit brothers sisters.. and everyone else.. except spouses...)..
 
Any adverse effect if supposedly derivatives visited pending LPR?

My RN husband went to the US on Nov03. He got his LPR status on Aug05, almost a year after filing I-140 & I-485 concurrently. I together with 3 kids, on our visitor's visas (which we have obtained prior to my husband's coming to America) visited him on May05. We stayed for 3 wks and went home to MNL. We could have stayed and adjusted status but we opted not to because there is one more kid back home whom I didnt want to leave behind. On Jan06, I applied for a visitor's visa for my 4th kid. He was denied and all the rest of ours were revoked. Which means we could not visit him anymore. Now, my husband is preparing to file I-824 to avail of the FTJ benefit.

My question is - Does our visit on May05 have any adverse effect or repercussions to our FTJ case processing? That time, his I-485 was still pending. My husband received approval and GC on Aug05. Please advise.

Thank you and regards to all.


krocker said:
Employment based. 203 (i).
"spouse did not physically accompany me to the U.S."
she came few months later, on H4 Visa. If thats what you meant.
 
It's around 6000 rupees for the whole package.

vravi100 said:
We have an interview on April 13th at Chenni, so we are planning to go for the medical test at the lab on 10th of April. In your earlier message you mentioned that you or yours went for the medicals. So, I wanted to know how much it costs for the Lab and the Physician. Thanks
 
If you havent stayed illegally and didnt violated any laws then you are ok. Denials doesnt count a lot if you have approval from USCIS regarding your case. But in your case I am not sure that you are eligible or not. Check the requirements for the follow to join.

Good Luck.



redleaf said:
My RN husband went to the US on Nov03. He got his LPR status on Aug05, almost a year after filing I-140 & I-485 concurrently. I together with 3 kids, on our visitor's visas (which we have obtained prior to my husband's coming to America) visited him on May05. We stayed for 3 wks and went home to MNL. We could have stayed and adjusted status but we opted not to because there is one more kid back home whom I didnt want to leave behind. On Jan06, I applied for a visitor's visa for my 4th kid. He was denied and all the rest of ours were revoked. Which means we could not visit him anymore. Now, my husband is preparing to file I-824 to avail of the FTJ benefit.

My question is - Does our visit on May05 have any adverse effect or repercussions to our FTJ case processing? That time, his I-485 was still pending. My husband received approval and GC on Aug05. Please advise.

Thank you and regards to all.
 
how long?

i'm the benificiary of FTJ.From some of the postings i could understand it like: is it a must for wife(benificiary) and husband to go together for interview or beneficiary alone is sufficient?my PD is Jan 2002.how long should i wait? do u people have any idea?
 
My husband is a LPR and I'm here in the U.S. on F-1 visa. If I've happened to be working without work authorization although I always keep my F-1 visa current, do you think USCIS will deny my petition if they find out I happened to be working with "work permit"?

My priority date will be current around summer this year.

Thank you.
 
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