how to bring the spouse to US?

N

Nov27-01

Registered Users (C)
Hello all,

I would appreciate the feedback of someone that knows the answer first hand.... on how to bring the spouce into US.

I am awaiting my GC adjudicatication (empl. based) and the marriage took place already. The spouse is not in the US. I use an EAD to work (dont have H1B anymore).

My questions are:

(1) Is there a way other than "follow to join (FTJ)" to bring the spouse here in the US? Can I do something to add the name of the spouse on the I-485 form (which initially was sent to INS in Nov of 2001)?

(2) I've read on this site that is possible to speed up the FTJ process without waiting for I-824 aproval, but only based on the receipt of filing I-824. How many of you have tried this approach?

Thanks for your help/opinions.
 
Friend don't waste time

I have no experience with FTJ but this I know, your rd is late Nov so Vermont might be looking at your case as we speak and if they adjudicate it then you cannot FTJ your wife any longer (I think but I am not sure). This might mean that your wife might have to come here as an F1 or a H1B herself (and these visas will be difficult to get as she cannot prove non-immigrant intent as she is wedded to you). Get yourself a lawyer and file the FTJ ASAP. Any reason why you do not want to file FTJ? Dude act fast.
 
Re: Friend don't waste time

Smith,
With all due respect, I request you to refrain from issuing half-baked advice. You are incorrect on two counts. Let me explain:
1. As the name implies, FTJ means the spouse (and/or children) follow-to-join AFTER the primary is granted permanent residence status provided that the relationship was established prior to the change of status.
2. H1B, unlike F1, is not subject to non-immigrant intent. The spouse of a greencard holder MAY enter the US on a valid H1B visa and her answering truthfully regarding her husband's status will not be the sole factor affecting the consular officer's decision on issuing her a visa.

Nov2701,
If your wife cannot come here on a H1B or any other dual-intent visa, you will have to file a FTJ.

Originally posted by psmith
I have no experience with FTJ but this I know, your rd is late Nov so Vermont might be looking at your case as we speak and if they adjudicate it then you cannot FTJ your wife any longer (I think but I am not sure). This might mean that your wife might have to come here as an F1 or a H1B herself (and these visas will be difficult to get as she cannot prove non-immigrant intent as she is wedded to you). Get yourself a lawyer and file the FTJ ASAP. Any reason why you do not want to file FTJ? Dude act fast.
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Originally posted by Nov27-01
Hello all,

My questions are:

(1) Is there a way other than "follow to join (FTJ)" to bring the spouse here in the US? Can I do something to add the name of the spouse on the I-485 form (which initially was sent to INS in Nov of 2001)?

>> You need to confirm this with a good lawyer, but I guess when I was in your situation, my laywer told me there is no other way other than FTJ. However, I think you should **think** about getting a 7th year H1-B or getting H1-B for your wife. *Again* I am not sure if you can do this, but you need to find it out.

(2) I've read on this site that is possible to speed up the FTJ process without waiting for I-824 aproval, but only based on the receipt of filing I-824. How many of you have tried this approach?

>> Its certainly possible, actually you dont even need I-824 receipt for certain consulates. But again its purely dependent on your consulate. I am doing like this for my wife in chennai and I never even showed them the I-824 receipt and they said they dont care about it. (I have to caution you that its very slow about 6 to 12 months in chennai so you need to be prepared for it) Also one more suggestion, Incase you need I-824 receipt/approval, I heard that you can apply for I-824 even without waiting for I-485 approval, so I would suggest you to do that right away as its only going to cost you a couple 100s.


Thanks for your help/opinions.
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