Following-to-join for wife

T

Tintinx

Registered Users (C)
Hi everyone,

While waiting for my I-485 approval, I filed a following-to-join application for my wife who is not currently living in the US, does anybody know if she is going to get a GC when i get approved or is she going to wait another year (or more) for her application to be touched?

Any help is appreciated

Thanks in advance
 
Didn't know you could do that...

Don't you have to be a legal permanent resident in order to file FTJ for spouse and/or children?
 
question

Hi Tintinx

What do you mean you "Filed for FTJ"....? Have you filed the I-824 for your wife?
 
interesting...

TinTinx,

Yes, I-824 is also used for FTJ (when you check box 3). However,
I am quite curious because I-824 is for an action on an approved
petition. My attorney had informed me (and I double-checked
with other sources), that you cannot file for I-824 until
you get an approved I-485 (that is your GC approval letter).

Can you please give me more details?
Did you apply it on your own or did you seek attorney assitance?
Which box have you checked? Action on an approved I-40 or
I-485.

Thank you
 
skid,

It is possible to file from I-824 before the I-485 approval because the purpose of the I-824 is to notify the US consulate that you application has been approved. This is what my lawyer confirmed to me before he applied for it and I was able to confirm this by reading some of the posts on this forum.
Actually it might be better to file it before approval, as you will be saving some time.

Regards
Tintinx
 
thnx

Thanks a lot.
I will follow it up with the attorney.
Did you have to submit a marriage certificate with it or just
info about your spouse?
What has your attorney mentioned for Part 3. Date Approved
sub-section? Covering letter if any...?

Let us stay in touch. Feel free to contact me directly.

Thank you

- skid
 
skid,

My lawyer had requested some documents like marriage certificate, birth certificate, ... I am not sure if he submitted them with the form. Honestly, after I read about form I-824, I don't see any reason why these documents would be needed as this is only a notification of consulate and all the paper work will have to be done later with the consulate directly!
I will have to check back with him but now what is worrying me is the huge backlog, a year and 1/2 of wait.
I will try to get a copy of the form and the letter if any and let you know.

Regards
Tintinx
 
Thanx

Thanx Tintinx,

My attorney had mentioned that spouse details like name,
dob and address where the consulate can get in touch with
the spouse needs to be given in the covering letter. Hopefully
your attorney has done that.

Unfortunately, in my case, the attorney mentioned that it
cannot be applied before the adjustment of status. I have
already sent him an e-mail regarding the same.

Yes, the backlog really sucks! It is ridiculous to say the least!
All that the I-824 does is trigger a cable to the consulate!

BTW, there is a thread "Follow To Join" in the Family Based
Immigration that you may want to follow. I added a note to
it few hours ago and I am hoping someone has an answer to
my question.

Also, regarding your question. I am given to understand that
if its CP, then you both can go for the interview together.

In your case, hopefully the time delay won't be too much since
your I-824 is atleast in the queue... although, perhaps you
have already been waiting toooo loooong!

Curious, when did you apply for I-824?

thanks again,

- skid
 
Thanks

skid,

I had applied for I-824 back in march 2003.
I also read your post in the family based immigration section, and I actually read the same thing, some say you might not need the card itself, the I-485 approval notice should be enough.
The only issue is some consulate are not willing to do it because of backlog and they require the I-824 to be approved.

Tintinx
 
tintinx

Didn't realize you were talking about the I-824. As you've mentioned, it is a good idea to file the app while waiting for the I-485 adjudication. That's what my attorney also did for me.
I have one other question for you guys: Have you been able to claim your spouse as a dependant for tax purposes? I presume your spouse is back in your home country and does not have a TIN/SSN in the US.
 
Just curious why you are applying I-824 and not I485.

Can one file I485 for the spouse if he/she is not in US ?

Can one sponsor the spouse to US while on EAD/AP (Expired H1B) ?
 
pingpong02,

It is not possible to apply for I-485 when wife is not in US. That's what I learned from my lawyer. Probably I could have done if I was married at the time of applying to I-485.
Regarding your second question , if your wife does not have a visa, she has to wait for your green card to be approved and then you use follow-to-join. If you choose this route, you'd better apply for an I-824 asap so that the consulate in your home country is notified when your GC is approved.

Tintinx
 
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