Follow To Join....

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hi judex,

i've tried researching about your question, and i think the terms "accompanying" and "following to join" are just the same.

"Accompanying" is a term of art. An alien derivative can be defined as "accompanying" the principal if he or she entered the United States in the personal company of the principal, or if the derivative is issued an immigrant visa within four months of either the principal’s date of visa issuance, adjustment of status, or personal appearance and registration before a consular officer abroad to confer alternate foreign state chargeability or immigrant status upon a spouse or child. "Following to join" "applies to a spouse or child who derives immigration status and a priority date from a principal applicant spouse or parent" as defined by the statute. There is no time limit for a follow-to-join beneficiary to seek visa issuance and admission."


hope this would help:
http://www.twmlaw.com/resources/general25cont.htm

judex said:
I need to hire a lawyer for my case, better spend some money than wait for 5 years...

I have encountered this word in the Glossary of terms used by the Immigration and Naturalization Service: "Accompanying or accompanied by" - An alien derivative can be defined as "accompanying" the principal if he or she entered the United States in the personal company of the principal, or if the derivative is issued an immigrant visa within four months of either the principals date of visa issuance, adjustment of status, or personal appearance and registration before a consular officer abroad to confer alternate foreign state chargeability or immigrant status upon a spouse or child. An "accompanying" relative may not precede the principal alien to the United States.

I quote this info from an attorney: Spouses acquired between the time of visa issuance and an aliens admission should be eligible for accompaniment.

One of the requirement for "accompanying" is the spousal relationship must have existed before the principal aliens admission to the United States.

Am I eligible as "Accompanying Spouse"? Do we have a case?

Thanks kamrans,

Judex
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I'm pretty sure USCIS still follows these Foreign Affairs Manuals, but i think they've changed it over time.

Current "9FAM":
http://www.foia.state.gov/REGS/fams.asp?level=2&id=10&fam=0

Other FAMs:
http://www.foia.state.gov/REGS/Search.asp



judex said:
I have encountered this word in the Glossary of terms used by the Immigration and Naturalization Service: "Accompanying or accompanied by" - An alien derivative can be defined as "accompanying" the principal if he or she entered the United States in the personal company of the principal, or if the derivative is issued an immigrant visa within four months of either the principals date of visa issuance, adjustment of status, or personal appearance and registration before a consular officer abroad to confer alternate foreign state chargeability or immigrant status upon a spouse or child. An "accompanying" relative may not precede the principal alien to the United States.

I quoted this info from an attorney: Spouses acquired between the time of visa issuance and an aliens admission should be eligible for accompaniment.

One of the requirement for "accompanying" is the spousal relationship must have existed before the principal aliens admission to the United States.

Does USCIS or Embassies follow the Foreign Affairs Manual-FAM?
If yes, those who are in accompanying or in FTJ case, better read this(use google to find it) 1.) 9 FAM 40.1 N7 BASIS FOR "FOLLOWING TO JOIN" 2.) 9 FAM 40.1 N7.2 Spouse or Child Acquired Prior to Admission of Principal Alien 3.) 9 FAM 42.53 N6 DERIVATIVELY ACQUIRED PRIORITY DATES FOR SPOUSE/CHILD 4.) 9 FAM 42.53 N6.1 Spouse/Child Acquired Prior to Principal’s Admission 5.) 9 FAM 42.53 PN1 DETERMINING DERIVATIVE STATUS

I need to fight my case. my case has merits based on the Foreign Affairs Manual's Articles I've posted... USCIS has nothing to do with my case but the US Embassy in Manila has.

Thanks kamrans,

Judex
Click to expand...
 
Kamrans,
It's a great news to hear about this. As a dedicated saint you have been a great help and guidance to lot of people who are needy. God bless you.
which is your local consulate in India? ours is Chennai consulate and PD is 2001 April EB3 category. Please provide status of processing at chennai consulate for 824 cases if you have any info.

thanks

kamrans said:
Finally my PD is current and my wife is going to apply. Wish me luck. I hope that there will not be any more surprises and hurdles. I will keep you guys posted.
Bad news is that schedule A workers cat is unavailable. I was in opinion from the posts of lawyers that this category will use the quota of EB3 but seems like it requires legislation from congress. This is bad news. If nothing is gonna happen then schedule A has to wait for next year october when they might add some more quota to it.

Best of Luck to all and pray for me.
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I-824 current processing timings at chennai consulate.

Can anybody please tell current processing dates at Chennai consulate. My PD is 2001 and EB3 category.

4 months ago when I called the consulate they said 2000 cases are in process.

thanks
 
Judex,
I can feel the frustration you are going through. Don't get panic. There is always a way out of everything.
At this point DO NOT communicate more with them. Instead find a lawyer who can do something for you. Lawyers can always manipulate the laws even if they are against you. You need to find a good one and check the reviews over the internet.
But if couple of lawyers tell you the same story then you need to file I-130 at the earliest. Don't delay it.
I am not discouraging you but do the best you can and get ready for the worst. This will make your life much easy.

Good Luck.



judex said:
I have encountered this word in the Glossary of terms used by the Immigration and Naturalization Service: "Accompanying or accompanied by" - An alien derivative can be defined as "accompanying" the principal if he or she entered the United States in the personal company of the principal, or if the derivative is issued an immigrant visa within four months of either the principals date of visa issuance, adjustment of status, or personal appearance and registration before a consular officer abroad to confer alternate foreign state chargeability or immigrant status upon a spouse or child. An "accompanying" relative may not precede the principal alien to the United States.

I quoted this info from an attorney: Spouses acquired between the time of visa issuance and an aliens admission should be eligible for accompaniment.

One of the requirement for "accompanying" is the spousal relationship must have existed before the principal aliens admission to the United States.

Does USCIS or Embassies follow the Foreign Affairs Manual-FAM?
If yes, those who are in accompanying or in FTJ case, better read this(use google to find it) 1.) 9 FAM 40.1 N7 BASIS FOR "FOLLOWING TO JOIN" 2.) 9 FAM 40.1 N7.2 Spouse or Child Acquired Prior to Admission of Principal Alien 3.) 9 FAM 42.53 N6 DERIVATIVELY ACQUIRED PRIORITY DATES FOR SPOUSE/CHILD 4.) 9 FAM 42.53 N6.1 Spouse/Child Acquired Prior to Principal’s Admission 5.) 9 FAM 42.53 PN1 DETERMINING DERIVATIVE STATUS

I need to fight my case. my case has merits based on the Foreign Affairs Manual's Articles I've posted... USCIS has nothing to do with my case but the US Embassy in Manila has.

Thanks kamrans,

Judex
Click to expand...
 
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Thanks for the appreciation and the prayers. I am from Pakistan and right now they are giving interview dates of April. I am not sure about the chennai consulate but people told me that they are quite lineant. No consulate will tell you how many cases they have in line. You can get the status of your case and how long it will take but they will not give you other details.

Good Luck.

rambabu123 said:
Kamrans,
It's a great news to hear about this. As a dedicated saint you have been a great help and guidance to lot of people who are needy. God bless you.
which is your local consulate in India? ours is Chennai consulate and PD is 2001 April EB3 category. Please provide status of processing at chennai consulate for 824 cases if you have any info.

thanks
Click to expand...
 
Hello Kamran and Evey body
please tell current processing dates at pakistan consulate or embasy. My PD is march 2001 and F4 category and right now they are giving interview dates of April is it right april 2000 or april 2001 plz tell me
Thanxs
 
Hello Evey body
please tell current processing dates at pakistan consulate or embasy. My PD is march 2001 and F4 category and right now they are giving interview dates of April is it right april 2000 or april 2001 plz tell me
Thanxs
 
Category to apply for Visistor VISA

Dear friends,

I would like to apply visitor visa to my child who are currently waiting on i-824 case at local consulate. as per current status it could take more than 3 years. I'm on GC since two years. I did not add my kid because at that time my kid was in India.

three questions,
1. Can I request for visitor visa for temporary visit as we are away of our kid since 2 years and would like to see.
2. If yes, Under what category I can apply for visitor visa.
3 Is there any other category that I can request a temporary visa for my kid.

please provide your valuable suggestions.
 
Got a Legal Advice from an Attorney

hi guys,

got a legal advice from an attorney...

here is what he said:
"As ususal, the CIS gave bad advice. As an aside, the GAO did a study a few years ago and found that CIS information officers made major mistakes more than a third of the instances when they were asked questions by the public.

As long as you were married BEFORE your wife entered the US as an immigrant, you are entitled to follow to join. This means that she does not have to file a new petition on your behalf nor do you have to wait in line in the F2A quota.

Fortunately, the folks at the US Embassy know the rules and they know that you are eligible. The CIS has nothing to do with your processing. Your wife does not have to file an I-824. Talk to the consular section at the Embassy and they will take care of you. Ignore the CIS."

"Since your wife got her visa less than six months ago, the Embassy has all of the files and they will be able to do everything in-house. You are in great shape, don't worry about a thing."

Light exist at the end of the tunnel...

judex
 
Hello Evey body
please tell current processing dates at pakistan consulate or embasy. My PD is march 2001 and F4 category and right now they are giving interview dates of April is it right april 2000 or april 2001 plz tell me
Thanxs
 
Thanks God for the light of information!

Hi Judex! I`m happy for you! So that must be the reason why you are denied 1-824... you don`t need it kababayan,, you can always ask another opinion, I mean, another legal advice to confirm this information.. It is always wise to have a fallback alternative.. It is mentioned in the webpage of USembassy that anyone can go directly to the consulate and present papers in a certain window to ask about this.. pls go back to the contact area, I think I have come across that info there.. is it window 10? I even got the wild idea of going there before I leave for the States by January just to present my papers, too!

Follow that light in a dark tunnel but always keep in mind that your action on that advice must be done asap for you might be wasting valuable time my friend!

For Jattala, sorry, I`m not from Pakistan and I noticed you have been asking so many times about your PD for your country.. you know, I tried opening the net for that but failed,, sorry for that,,, may somebody from your country answer your inquiry soon.. hope so!

Got my 1-824 receipts for my family now and its gonna be waiting for its approval I suppose! Hope it will be a short kind of wait for them!

May kamrans got all doors opening for him now that its first week of December already! I read he is told to go back and submit papers after Dec.1, right? Maybe Kamrans can answer you jattala!

God be with us all!
Simala2006


judex said:
hi guys,

got a legal advice from an attorney...

here is what he said:
"As ususal, the CIS gave bad advice. As an aside, the GAO did a study a few years ago and found that CIS information officers made major mistakes more than a third of the instances when they were asked questions by the public.

As long as you were married BEFORE your wife entered the US as an immigrant, you are entitled to follow to join. This means that she does not have to file a new petition on your behalf nor do you have to wait in line in the F2A quota.

Fortunately, the folks at the US Embassy know the rules and they know that you are eligible. The CIS has nothing to do with your processing. Your wife does not have to file an I-824. Talk to the consular section at the Embassy and they will take care of you. Ignore the CIS."

"Since your wife got her visa less than six months ago, the Embassy has all of the files and they will be able to do everything in-house. You are in great shape, don't worry about a thing."

Light exist at the end of the tunnel...

judex
Click to expand...
 
hi simala,

actually i got 3 opinions from 3 attorneys, same thing they say, and US Foreign Affairs Manual says I'm eligible as FTJ beneficiary :)

FAM:
1.) 9 FAM 40.1 N7 BASIS FOR "FOLLOWING TO JOIN" 2.) 9 FAM 40.1 N7.2 Spouse or Child Acquired Prior to Admission of Principal Alien 3.) 9 FAM 42.53 N6 DERIVATIVELY ACQUIRED PRIORITY DATES FOR SPOUSE/CHILD 4.) 9 FAM 42.53 N6.1 Spouse/Child Acquired Prior to Principal’s Admission 5.) 9 FAM 42.53 PN1 DETERMINING DERIVATIVE STATUS

It's now 35 days from the time the US embassy manila received the FTJ requirements I've sent, I'll call them next week for follow up...

The attorneys said that I need their help when the Embassy Manila denied my case...

God Bless to All,

Judex


Simala2006 said:
Hi Judex! I`m happy for you! So that must be the reason why you are denied 1-824... you don`t need it kababayan,, you can always ask another opinion, I mean, another legal advice to confirm this information.. It is always wise to have a fallback alternative.. It is mentioned in the webpage of USembassy that anyone can go directly to the consulate and present papers in a certain window to ask about this.. pls go back to the contact area, I think I have come across that info there.. is it window 10? I even got the wild idea of going there before I leave for the States by January just to present my papers, too!

Follow that light in a dark tunnel but always keep in mind that your action on that advice must be done asap for you might be wasting valuable time my friend!

For Jattala, sorry, I`m not from Pakistan and I noticed you have been asking so many times about your PD for your country.. you know, I tried opening the net for that but failed,, sorry for that,,, may somebody from your country answer your inquiry soon.. hope so!

Got my 1-824 receipts for my family now and its gonna be waiting for its approval I suppose! Hope it will be a short kind of wait for them!

May kamrans got all doors opening for him now that its first week of December already! I read he is told to go back and submit papers after Dec.1, right? Maybe Kamrans can answer you jattala!

God be with us all!
Simala2006
Click to expand...
 
ok kababayan, just keep us posted!

That`s a very sound basis for your claim for FTJ Judex... go for it! please keep us updated of the results.. for one, I am really interested to know the updates on this for we are of the same embassy.. hope it will be ok.. I believe it will be an awesome Christmas gift for you and your wife! Cheer up, three attys are of the same mind, so its more positive now!!

Yeah you`re right.. God bless us all!

Simala2006
 
Jattala,
I don't know why you don't understand the simple thing that for your category they are processing the cases filed before Dec 1995. Check this out :

http://travel.state.gov/visa/frvi/bulletin/bulletin_3086.html

Please accept this reality.

Good Luck.



jattala said:
Hello Evey body
please tell current processing dates at pakistan consulate or embasy. My PD is march 2001 and F4 category and right now they are giving interview dates of April is it right april 2000 or april 2001 plz tell me
Thanxs
Click to expand...
 
Usually if you fulfill all the requirements they send you packet 3.5 within 10-15 days. Call them and find out why its taking so long. Also if they get agreed to it then you can download the requirements and forms from the internet and send it directly to them.

Good Luck.


judex said:
hi simala,

actually i got 3 opinions from 3 attorneys, same thing they say, and US Foreign Affairs Manual says I'm eligible as FTJ beneficiary :)

FAM:
1.) 9 FAM 40.1 N7 BASIS FOR "FOLLOWING TO JOIN" 2.) 9 FAM 40.1 N7.2 Spouse or Child Acquired Prior to Admission of Principal Alien 3.) 9 FAM 42.53 N6 DERIVATIVELY ACQUIRED PRIORITY DATES FOR SPOUSE/CHILD 4.) 9 FAM 42.53 N6.1 Spouse/Child Acquired Prior to Principal’s Admission 5.) 9 FAM 42.53 PN1 DETERMINING DERIVATIVE STATUS

It's now 35 days from the time the US embassy manila received the FTJ requirements I've sent, I'll call them next week for follow up...

The attorneys said that I need their help when the Embassy Manila denied my case...

God Bless to All,

Judex
Click to expand...
 
Thanks for remembering me. We have sent the papers to them. Hopefully we will get the interview date soon. I will update as soon as I get any update. Seems like it will still take another 4 months after your PD gets current.

Good Luck.


Simala2006 said:
Hi Judex! I`m happy for you! So that must be the reason why you are denied 1-824... you don`t need it kababayan,, you can always ask another opinion, I mean, another legal advice to confirm this information.. It is always wise to have a fallback alternative.. It is mentioned in the webpage of USembassy that anyone can go directly to the consulate and present papers in a certain window to ask about this.. pls go back to the contact area, I think I have come across that info there.. is it window 10? I even got the wild idea of going there before I leave for the States by January just to present my papers, too!

Follow that light in a dark tunnel but always keep in mind that your action on that advice must be done asap for you might be wasting valuable time my friend!

For Jattala, sorry, I`m not from Pakistan and I noticed you have been asking so many times about your PD for your country.. you know, I tried opening the net for that but failed,, sorry for that,,, may somebody from your country answer your inquiry soon.. hope so!

Got my 1-824 receipts for my family now and its gonna be waiting for its approval I suppose! Hope it will be a short kind of wait for them!

May kamrans got all doors opening for him now that its first week of December already! I read he is told to go back and submit papers after Dec.1, right? Maybe Kamrans can answer you jattala!

God be with us all!
Simala2006
Click to expand...
 
This is not correct. For India they are processing the cases filed before April 2001. Check out the current visa bulletin. What exactly is your PD.

Good Luck.



rambabu123 said:
Can anybody please tell current processing dates at Chennai consulate. My PD is 2001 and EB3 category.

4 months ago when I called the consulate they said 2000 cases are in process.

thanks
Click to expand...
 
check the answers below:

rambabu123 said:
Dear friends,

I would like to apply visitor visa to my child who are currently waiting on i-824 case at local consulate. as per current status it could take more than 3 years. I'm on GC since two years. I did not add my kid because at that time my kid was in India.

three questions,
1. Can I request for visitor visa for temporary visit as we are away of our kid since 2 years and would like to see.
Sure you can. Make your case good and get letter from senator/congressman. It's worth trying. I know someone who got it despite their case was approved in I-824. Check my old posts and you will get lot of information.

2. If yes, Under what category I can apply for visitor visa.
B1/B2.

3 Is there any other category that I can request a temporary visa for my kid.
Nothing as far as I know.
please provide your valuable suggestions.
Click to expand...
 
You got all answers Kamrans for all in this thread! thank you!

Of course we always remember you for it seems you are the information center here, thank you so much from all of us! May your interview date be scheduled soon and may it not be long 4 months waiting for you.. you deserve it Kamrans!

We just hope that even if you will be exiting this thread, I mean after you got your much awaited visa, you will continue to help us in our quest for answers and advices!

May your generosity be multiplied a thousandfolds! It is truly a season of advent for us,, patiently waiting for what we hoped for! Its really a matter of time! So hold on my dear co-threaders, we will find our peace!

God bless,
Simala2006
 
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