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CP or Local filing for FTJ members in USA on Visitor visa

Hi,
Greetings. I have found this portal very helpful during my GC processing. I am helping a friend in need this time.
He filed his GC under EB3 in 2001 and finally got his interview completed in the Washington DC local office last year. But due to non-availability of VISA numbers (retrogression et al) his stamping was not done and he does not have his card yet. His Wife and kid were in India and are Follow-to-join members.
In the meantime they applied for a visitor visa and came to the US 2 months back. What are the options available for him.
Is there a provision to request his Wife and kid's papers to be processed in the US as they are physically present here?
Shoud he start working on their CP in India itself?
What are the risks, pros, cons....

Your feedback is highly appreciated.

P.S I posted this to a different thread without realizing that there was a dedicated FTJ thread. Thanks to everyone for having a dedicated thread.

Thanks a lot in advance for your time,
V!!
 
helloo usnycus

Which form please ask me the form number like i-130 and i-824 and supporting papers is the approval notices and in packet 3 and packet 4 what is in this packets
 
Any special letters to Visitor visa??

Hi gc4us,

Last time when I call Chennai consulate, they said they currently processing EB3 2001 cases.
I need a favour from you please. I'm on GC I have filed my FTJ and sent packet3 to chennai consulate. My PD is 2004 Dec.
In the mean time I would like to bring my Kid on visitor VISA. Since the case is in Chennai consulate,
What are best way of approaching for visitor VISA. Could you please help how you guys wrote a letter to consulate for visitor visa and any forms etc.
Since your friend was successfull in getting VISA, that will definetly helps a lot for me.
Thanks
Rambabu
 
Hi Rambabu123,
Thanks for the response. From what I recall, my friend applied for the visitor visa via https://www.vfs-usa.co.in/Home.aspx website. When the family appeared for their interview they stated the facts.
It has been a longgggg time since the spouse and kid met his dad and would appreciate a visitor visa for their trip and that they would return for sure as the kid was supposed to continue his school year. A bit of patient & persistent request and explanation was required when they appeared for the interview.

Let me know if you need any additional details and I will talk to my friend on this.
Good luck and God bless to meet your kid at the earliest.

Are there any links on the CP filing procedures in this/other threads?

V!
 
Hello kamrans.

I just want to let you know that after I e-mail my lawyer a few times about sending my approved I-824 to the consulate at Cd Juarez, finaly they sent it, I do have the E- mail they sent to Cd Juarez with all the documents they need to open a case for me (follow to join) Like my birth and marriage certificate, my wifes I-140 approval, I-797 and a copy of her GC, that makes me Very Happy. :D
- I do have one question for you my Friend.
-The priority date of my wifes I-140 appears right at the side of the recipt date of the I-824?
" Because in my approved I-824 says priority date January 1998 "
-If that is so, Do I still will be in retrogression problem? :confused:
Thanks a lot and GOD BLESS YOU AND YOUR FAMILY
 
Last edited by a moderator:
plz tell me im confused

Which form im submitted after approval of i-824 & i-130 please ask me the form number like i-130 and i-824 and in packet 3 and packet 4 what is in this packets
 
There are several provisions in AC21 rule. The provision I am talking about is the provision related to the visa number spill over.
Before July 2005 EB3 ROW was current. So all the spill over from ROW (EB1,2,3) goes to the retrogress countries like India, China, Mexico and Phil according to the AC21 rule. Now they suspended it means that spill over from EB1 and EB2 ROW goes to EB3 ROW since its under retrogression. No spill over will go to India china..... They are limited to the hard cap of 2800 visa numbers per year until the ROW becomes current. In 2005 alone India got more than 47000 visa numbers from the quota of 140000. For more information see the november 2005 visa bulletin.
Do your math and find your timeline.

Good Luck.



rambabu123 said:
Hi Kamrans,

from the below note,
What is tje AC21 rule about?
.....
I would say it will take years to get to your PD. AS India has only 2800 visa per year including the dependents. Since they suspended the AC21 rule back in Nov 2005 retrogress countries are not getting any spill over from ROW.
Yes you should apply for visit visa for your kid. There is no other option. I am feeling sorry for you.
 
Check with a lawyer. I know if someone has something approved they have to pay 1000 dollars as penalty and they dont have to go back and they can adjust the cases here. This is 245i provision. Check with the lawyer. I know someone who did for family based. Hopefully the same thing can be done for EB. On the other side you are taking the risk of becoming illegal.

Good Luck.


gc4us said:
Hi,
Greetings. I have found this portal very helpful during my GC processing. I am helping a friend in need this time.
He filed his GC under EB3 in 2001 and finally got his interview completed in the Washington DC local office last year. But due to non-availability of VISA numbers (retrogression et al) his stamping was not done and he does not have his card yet. His Wife and kid were in India and are Follow-to-join members.
In the meantime they applied for a visitor visa and came to the US 2 months back. What are the options available for him.
Is there a provision to request his Wife and kid's papers to be processed in the US as they are physically present here?
Shoud he start working on their CP in India itself?
What are the risks, pros, cons....

Your feedback is highly appreciated.

P.S I posted this to a different thread without realizing that there was a dedicated FTJ thread. Thanks to everyone for having a dedicated thread.

Thanks a lot in advance for your time,
V!!
 
I stated earlier in many posts that visit visa is pure luck. Check for the letters and their format on www.path2usa.com. You will find all the requirements and letters plus their formats.

Good Luck.



rambabu123 said:
Hi gc4us,

Last time when I call Chennai consulate, they said they currently processing EB3 2001 cases.
I need a favour from you please. I'm on GC I have filed my FTJ and sent packet3 to chennai consulate. My PD is 2004 Dec.
In the mean time I would like to bring my Kid on visitor VISA. Since the case is in Chennai consulate,
What are best way of approaching for visitor VISA. Could you please help how you guys wrote a letter to consulate for visitor visa and any forms etc.
Since your friend was successfull in getting VISA, that will definetly helps a lot for me.
Thanks
Rambabu
 
Good to hear that your case is almost done. I would rather prefer that you send all the documents yourself so that you know what you sent. Lawyers are hard to believe as they are only interested in making money.
If you dont get any response from them in 14 days contact the embassy and find out the status. Make sure that they contact you rather than the lawyer.
If your wife got GC based on emplyoment then you will have the same PD as your wife which is 1998 and I think you dont come under retrogression. You are current right now.
Thanks for the prayers.
Good Luck.


JCisLORD said:
I just want to let you know that after I e-mail my lawyer a few times about sending my approved I-824 to the consulate at Cd Juarez, finaly they sent it, I do have the E- mail they sent to Cd Juarez with all the documents they need to open a case for me (follow to join) Like my birth and marriage certificate, my wifes I-140 approval, I-797 and a copy of her GC, that makes me Very Happy. :D
- I do have one question for you my Friend.
-The priority date of my wifes I-140 appears right at the side of the recipt date of the I-824?
" Because in my approved I-824 says priority date January 1998 "
-If that is so, Do I still will be in retrogression problem? :confused:
Thanks a lot and GOD BLESS YOU AND YOUR FAMILY
 
you are confused because you dont understand. If your I-824 is approved then you need to contact the local US embassy and ask them about the doc that need to send them.
If you dont want to do that then check my earlier posts and find out the documents that need to sent to create a case and for packet 3.5.
As soon as they create case for you they will send you packet 3.5 having all the instructions on how to complete the requirements. As soon as you complete all the requirements and send it back to them they will send you packet 4 having the interview date.
Got it?



jattala said:
Which form im submitted after approval of i-824 & i-130 please ask me the form number like i-130 and i-824 and in packet 3 and packet 4 what is in this packets
 
Question

Greetings,

I am currently on a "Following To Join" case. My father is a nurse at the United States, and obtained his "Immigrant Visa" through a job petitioner.

My I-824 has been approved by the USCIS, last June 07, 2006. I would just like to know how long does it take to process such case? So far, it's been 4 months now. Hoping for anyone's response.

Thank you!
 
I don't know how long the typical GC processing now. I submitted my I-130,485 package on 10/04/06(we didn't hire immigration attorney, just did the application package by ourselves), is it possible i can get my gc within 6 months? i live in New York. , marred my USC wife recently.
 
My i-130, has been approved after the i-130 how long after the i-130 will it take for my family and i get my visa. The packet 3.5 will it include my kids or do i have to apply separetly for them. After approval of i-130 when will i receive my packet.
 
read the past post, page 40 to 140+... you will learn more there...

jattala said:
My i-130, has been approved after the i-130 how long after the i-130 will it take for my family and i get my visa. The packet 3.5 will it include my kids or do i have to apply separetly for them. After approval of i-130 when will i receive my packet.
 
Applying for following to join after the 485 approval?

Hi everyone,
This forum is the best in terms of following to join information. I have some questions that I hope to get answers on:

1. If the applicant got married after applying for 485 but before it's approval. Spouse is outside US, is she eligible for following to join benefits?

2. Is there a time limit within which the permanent resident has to act to apply for I-824 for his spouse (who is outside US and has never travelled to US)?

3. The fact that I-485 was approved with marital status of the applicant as single, would this be something that would hurt the case when applicant applies for I824 for his spouse provided the spousal relationship was established before I-485 approval?

Please share your opinions in this regard. I 'm hearning conflicting views from lawyers actually some of them are simply not aware of this,

Thanks in advance,
Jeff
 
Do you have case number from consulate/embassy?
Have you submitted any papers?

Also, if not done yet, ask you father to send a letter to consulate asking them to create a case. Please attach following along with the letter:

1) Copy of father passport (all pages)
2) Copy of GC or I-485 approval letter
3) Proof of relationship
4) Copy of approved I-824
5) I-134
6) Copy of your passport

danieltan0180 said:
Greetings,

I am currently on a "Following To Join" case. My father is a nurse at the United States, and obtained his "Immigrant Visa" through a job petitioner.

My I-824 has been approved by the USCIS, last June 07, 2006. I would just like to know how long does it take to process such case? So far, it's been 4 months now. Hoping for anyone's response.

Thank you!
 
See Inline ...

jefkorn said:
Hi everyone,
This forum is the best in terms of following to join information. I have some questions that I hope to get answers on:

1. If the applicant got married after applying for 485 but before it's approval. Spouse is outside US, is she eligible for following to join benefits?
... Yes

2. Is there a time limit within which the permanent resident has to act to apply for I-824 for his spouse (who is outside US and has never travelled to US)?
... Not that I am aware of. But if you wait longer (over 4 yeras), family based petition would also be an option.


3. The fact that I-485 was approved with marital status of the applicant as single, would this be something that would hurt the case when applicant applies for I824 for his spouse provided the spousal relationship was established before I-485 approval?
... No. If marriage took place after submitting papers and you never lied in any subsequent forms (like EAD renewal), you should be OK.

Please share your opinions in this regard. I 'm hearning conflicting views from lawyers actually some of them are simply not aware of this.

... In my experience, US based attorney are usually not aware of complication/issue with FTJ cases. They are usually occupied with clients that are in US and cash-cow cases like H1, I-485, political asylum etc.

If you can gather all the information/documnets, then do it on your own. Start from this thread and you will amazed by the quantity and the qualilty of information provided by members. Some of the facts may be obsolete, but still worth a look.


Thanks in advance,
Jeff
 
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Where are you right now? In US or outside?

Normally US consulate/embassy start working on FB-based cases ONLY after getting notification from National Visa Center (regarding approved I-130).

As I said in the previous post, you can try contacting US embassy/consulate serving your area.

jattala said:
My i-130, has been approved after the i-130 how long after the i-130 will it take for my family and i get my visa. The packet 3.5 will it include my kids or do i have to apply separetly for them. After approval of i-130 when will i receive my packet.
 
One of my friend got her GC in near to six months. Both, husband and wife, are from same country, culture, background etc.

She applied herself in March and had appointment in the month of Aug (in Garden City, NY). Case was approved during interview and she got her temporary permanent resident card sometime in the month of Sep.


strongman said:
I don't know how long the typical GC processing now. I submitted my I-130,485 package on 10/04/06(we didn't hire immigration attorney, just did the application package by ourselves), is it possible i can get my gc within 6 months? i live in New York. , marred my USC wife recently.
 
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