following-to-join as 485 pending

F

fchn165

New Member
Gurus, if you have had the same situation as mine, please advise!!! Your input and response are greatly appreciated!

Thanks in advance!!!

My status is 485 pending and I work on EAD. Recently I got married. My wife is an Canadian immigrant and from China. I want to let her join my green card application. As I know, I can file
FORM I-824 under following-to-join category.

(1) I am not a green card holder. Can I file I-824 during my 485 pending? Most lawers I asked said yes, some said no. I am totally confused.

(2) If I can, which item of part 2 in the form I-824 am I qualified?
b or c?

b. I am requesting that a new U.S. Consulate or Port of Entry be notified ......

c. I am requestion that a U.S. Consulate be notified that my status has been adjusted permanent resident.

3. My wife is in Toronto. Can I specify US Consulate in Toronto to do my wife's consular processing? or, will she have to return China?

4. If I file 824, where to file? P.O. Box for 824, 140 or 485?

5. Because I am not a green card holder, can I file Form I-824 saying that this is "Immigrant Visa Petition for XXX on the Basis of Following-to-join Benefit"?
 
Follow to Join

Please follow follow-to-join thread in family based category. All of your question have been answered. I recommend you to go thru this thread what has several people experience.

To me FTJ is a frustrating procedures. If your I485 is pending, why dont you go back to H1 by spending some money and bring your wife on H4, and add her right away. Is not this much better option.

FTJ might be easier if you can do it embassy in Canada as your wife is canadian immigrant.
 
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