Marriage before entering US: Possible?

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judex

Registered Users (C)
My Fiancé has an EB3 Visa(Schedule A-Nurse) and will be entering the US on May 2006. We are planning to get married before she leave and apply for a follow-to-join immigrant visa for me to join her in the US.

Is it okay for us to get married before she leave to the US? If yes, what's our next move when we had our marriage cerificate, do we need to go to the US Embassy ASAP to file for her change of status from single to married and apply for my follow-to-join visa? Will she still leave to US in May? If not, what's the best move, apply for fiancé visa and get married in the US?

I need your advice...

thanks,

judex
 
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judex said:
My Fiancé has an EB3 Visa(Schedule A-Nurse) and will be entering the US on May 2006. We are planning to get married before she leave and apply for a follow-to-join immigrant visa for me to join her in the US.

Is it okay for us to get married before she leave to the US? If yes, what's our next move when we had our marriage cerificate, do we need to go to the US Embassy ASAP to file for her change of status from single to married and apply for my follow-to-join visa? Will she still leave to US in May? If not, what's the best move, apply for fiancé visa and get married in the US?

I need your advice...

thanks,

judex
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In order for you to file a follow-to-join, I believe you and your fiance should have been married prior to her getting approved for an immigrant visa. Now, all she can do is file for you as a green card holder after she enters the US, and wait for your priority date to become current, somewhere around 4 years from now.
 
It is possible: Just To UPDATE this thread

my wife got her immigrant visa thru consular processing(Shedule A), Philipines, April 2006. We got married June 7, 2006. She left the Philippines June 10, 2006, 3 days after our marriage.

we filed i-824-FTJ to USCIS, it got denied. i submitted FTJ requirements/documents in embassy Manila last Nov. 2, 2006. Nov. 7, 2006, the documents qualify for FTJ and i got my wifes case no. and priority date(Sept. 24, 2006). Just this month, my PD got current and i'm waiting for packet 4 within 120 days.

I did not received packet 3 coz i already submitted DS-230 to the embassy.

RULE FOR FTJ: you got married between IV issuance and admission to the US, your spouse is an FTJ beneficiary.

thank God!

judex
 
I am so glad for you! Yes, you are absolutely right - the important thing is to get married before the spouse enters the US on an immigrant visa in this case.
 
This is a really interesting case. I recall a message thread on this site several months ago that raised a very similar question - what happens if the marriage takes place after the issuance of the immigrant visa but before the beneficiary becomes a permanent resident by arriving in the US?

It's been a huge gray area and very rare. It's good to see that the law appears to be on your side.
 
it's not that rare, and it's not that gray. There is a law for the following-to-join benefits, and as long as they are eligible - they'll get it. :)

Now, if a GC was based on a petition for an unmarried child of a USC or LPR, no marriage would be possible in this case, and no FTJ benefits.
 
judex said:
my wife got her immigrant visa thru consular processing(Shedule A), Philipines, April 2006. We got married June 7, 2006. She left the Philippines June 10, 2006, 3 days after our marriage.

we filed i-824-FTJ to USCIS, it got denied. i submitted FTJ requirements/documents in embassy Manila last Nov. 2, 2006. Nov. 7, 2006, the documents qualify for FTJ and i got my wifes case no. and priority date(Sept. 24, 2006). Just this month, my PD got current and i'm waiting for packet 4 within 120 days.

I did not received packet 3 coz i already submitted DS-230 to the embassy.

RULE FOR FTJ: you got married between IV issuance and admission to the US, your spouse is an FTJ beneficiary.

thank God!

judex
Click to expand...

----
Is this true can u please help me!!! and tell me what to do cause i really don't know what m i going to do... I'm about to leave philippines by april 2007 and my bf and i is planning to get married by march?! what shall we do?! what is FTJ documents sorrry but i really have no idea...
 
following to join. There is a whole subtopic devoted to following-to-join benefits pinned at the top of this forum.
 
LucyMO said:
it's not that rare, and it's not that gray. There is a law for the following-to-join benefits, and as long as they are eligible - they'll get it.
Click to expand...

While FTJ is not rare at all, a situation where the marriage took place after the issuance of the immigrant visa but before landing is certainly unusual.
 
sorry, my priority date is sept. 24, 2003, not 2006...

i know we have a rare case, and i think some people did the F2A i-130 petition which is wrong, they dont know about FTJ.

Lot's of information regarding FTJ here: Foreign Affairs Manual-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

thanks!


judex said:
my wife got her immigrant visa thru consular processing(Shedule A), Philipines, April 2006. We got married June 7, 2006. She left the Philippines June 10, 2006, 3 days after our marriage.

we filed i-824-FTJ to USCIS, it got denied. i submitted FTJ requirements/documents in embassy Manila last Nov. 2, 2006. Nov. 7, 2006, the documents qualify for FTJ and i got my wifes case no. and priority date(Sept. 24, 2006). Just this month, my PD got current and i'm waiting for packet 4 within 120 days.

I did not received packet 3 coz i already submitted DS-230 to the embassy.

RULE FOR FTJ: you got married between IV issuance and admission to the US, your spouse is an FTJ beneficiary.

thank God!

judex
Click to expand...
 
diversity lottery. The catch is that they both need to get visas before September 30 of the year they won in.
 
Update: Ftj Approved!

hi guys,

i need to update this thread. i had an interview yesterday(july 10) and my IV was approved. i'll just wait for my visa to arrive in 2 weeks...

thanks guys!

judex
 
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