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yzhang1972

Registered Users (C)
Hi people out there,

I have questions on how to get immigrant visa (greencard) for my spouse outside US.
I had my greencard approved on Oct. 13, 2004. My spouse was outside US for two year-J1 obligation, therefore did not apply greencard with me together. The obligation will be over by May 2005. I have filed I-824 and waiting for approval. Is there anyone knows what is the next step? Or how many more steps in front of us? Although we have an attorney, he never told us the detail. So I am still very confused. Is there anything we could do now before May (e.g., physical exam....)? Please give me some suggestions if you know. Thank you very much.
 
For Following to Join ppl - Bringing a Spouse here

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Many ppl have unclear info about how they can bring their loveed one family members here, Hope it would help many of Following-to-join ppl.

Plz read both Sec-1 and Sec-2.

SECTION - 1
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Following-to-Join Benefits for Spouses

If you were married before you became a lawful permanent resident, and your spouse did not physically accompany you to the U.S., your spouse may be eligible for following-to-join benefits. This means that you do not have to submit a separate Form I-130, Petition for Alien Relative, for your spouse, and your spouse will not have to wait any extra time for a visa number to become available. In this case, you may simply notify a U.S. Consulate that you are a lawful permanent resident so that your spouse can apply for an immigrant visa. Your spouse may be eligible for following-to-join benefits if your relationship still exists and if one of the following is applicable:

You received a diversity immigrant visa
You received an employment-based immigrant visa
You received an immigrant visa based on your relationship to your U.S. citizen sibling
You received an immigrant visa based on your relationship to your U.S. citizen parent when you were already married

(For information on following-to-join benefits for children of lawful permanent residents, please see Petitioning Procedures: Bringing a Child to Live in the United States.)

If you fall into one of these categories, please submit the following information to the U. S. Citizenship and Immigration Services:

Form I-824, Application for Action on an Approved Application or Petition
A copy of the original application or petition that was used to apply for your immigrant status
A copy of the I-797, Notice of Action, for your original application or petition
A copy of your alien registration receipt card or I-551

If the I-824 is approved, the USCIS will notify a U.S. consulate that you are a lawful permanent resident so that your spouse can apply for a following-to-join immigrant visa. Your spouse must then contact the local U.S. consulate to complete the processing.

You should file the I-824 at the USCIS office that took the most recent action on your case.

Read more Info -----
http://uscis.gov/graphics/howdoi/appproc.htm
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SECTION - 2
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Learned from many Following to join cases ppl who filled 824,

One good thing that u can start the process and get case created in CP at home country while ur 824 is pending. ...... you even don't need to wait for 824 approval. check this link where the procedure says that Officer (CP) wouild create ur Case # even they haven't got the cabled info about ur PR. send the necessary docs with ur application.

http://foia.state.gov/masterdocs/09FAM/0942053PN.PDF

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Good LUck

Read this link
http://boards.immigration.com/showthread.php?t=141681



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Dear YZhang,

There is a large thread specially for FTJ (following to join) I recommended u to read page 50 - 74 to understand better.

http://boards.immigrationportal.com/showthread.php?t=96693&page=73&pp=15


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From reading ur name I am assuming u are from China. and I am also assuming that u have included ur spouse name in ur 485 too.

YOu don't need to wait for 824 approval, just send the following letter to Consulate in ur home country where ur spouse live.

Everything notorized plz except DS230.

1) DS 230 Part 1 & II
2) I-134 with supporting documents
3) Bank Statements + bank certificate as instructed in 134 (current balance +Last year deposit)
4) Marriage certificate
5) Spouse birth certificate
6) Petitioners Passport copies with I-551 stamp (all passport and all pages)
7) Spouse Passport copies (all passport and all pages)
8) I-824 receipt notice.(make many copies than notorized it, keep to u, send org to consulate)
9) Green Card copy, back and front
10) Passport Copy with I-551 stamp
11) Employment Letter
12) Tax Return 2003, W2 forms
13) Last 3 pay stubs
14. Yous spouse Police cleareance certificate.


Once they receive the docs they will create the case for ur spouse and will inform u and spouse about, if some cases they sent packet 3 again, to fill out by ur spouse. even u already have sent, but don't worry about it, fill it out, at that time they would also send the check list with packet 3. follow it.
your spouse will send back the packet 3 to consulate they will send packet 4 and let her know to bring the documents with her.

Prepare ur spouse for interview regarding the common quesiton.
like
) Whats your husband doing?
2) Where are you going?
3) Whats your marriage date?
4) Whats your marriage day? (little tricky quesiton)
Later he sniffed(smelled) our marriage invitation to make sure it is not printed recently.

what's your spouse doing ?
where is he ?
when did u get married and where ?
Name of in laws and birthplace of mine
how long ago you got married ?
why didn't you go to U.S after marriage ?
How many ppl were in ur wedding? blah blah

advise her to take marriage photographs album with her. too.





I also recommened u to read 'Mike cord..' thread in above link,

if u have any question plz post.

Smile :D u all set and ready to bring ur spouse here. :D

Good LUck
 
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Accompanying and Following to Join: An Overview

The Immigration and Nationality Act (INA) provides that the spouse or child of a preference immigrant can often "accompany" or "follow to join" the principal alien. What exactly that means, however, and in what contexts the concepts operate, can be confusing. This article provides an overview on this topic.

Overview

"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.

Retaining the principal alien’s priority date is one of the main reasons that "accompanying" or "following to join" is preferable to filing a separate visa petition. The derivative can use the principal immigrant’s priority date regardless of the length of time between admission of the principal and visa issuance to the beneficiary. Also, derivatives can follow to join even though that they were not named on the principal’s visa petition. Moreover, a derivative beneficiary does not have to actually "join" the principal in the United States; he or she can reside anywhere in the United States.

Legislation adopted in 1986 imposed certain restrictions on immigration benefits obtainable through marriage to a U.S. citizen or a resident alien. Those restrictions do not apply, however, to the spouse or child of a preference immigrant who obtains derivative status upon the approval of the principal alien’s visa petition under one of the preference categories.

Employment and Family-Based Immigrants

Relationship Requirements

To be eligible to accompany or follow to join, a few criteria must be met. The spouse and/or child must meet the statutory definition of "spouse" and/or "child." This precludes, for example, children who are married, unmarried children over the age of 21, spouses joined by proxy marriages that have not been consummated, and homosexual spouses.

The requisite spousal or parental relationship must have existed before the principal alien’s admission to the United States. Thus, a child who is adopted after the principal’s admission does not qualify for this benefit. However, a child qualifying as an adopted child under INA § 101(b)(1)(E) after the principal alien’s admission but who was adopted and was a member of the principal alien’s household before the adoptive parent’s admission to the United States, is considered to have been acquired before the principal alien’s admission.

Children and spouses acquired between the time of visa issuance and an alien’s admission are eligible for these benefits. And a child born of a marriage that existed at the time of the principal alien’s admission is considered to have been acquired before the principal alien’s admission.

In addition, the requisite spousal or parental relationship must persist both at the derivative’s visa issuance and his or her admission to the United States. Thus, a qualifying familial relationship that is terminated due to death, "aging out," divorce or other events no longer entitles the derivative alien to accompanying or following to join benefits.

A few other timing considerations should be noted. A derivative who precedes the principal alien to the United States cannot be classified as an "accompanying" beneficiary. One appellate court ruled that the statute’s explicit language is designed to ensure that those derivative aliens cannot exercise their right to enter the United States until the principal alien has actually entered. This ruling has since been distinguished by the Board of Immigration Appeals, which held that a derivative cannot precede the principal alien to the United States as an immigrant, but may be eligible to "accompany or follow to join" as a matter of law if he or she preceded the principal to the United States as a nonimmigrant.

Section 245(i)

Between 1994 and 1997 certain aliens who did not qualify for adjustment of status under INA § 245 nevertheless could do so under INA § 245(i). In November 1997, Congress enacted a law ending § 245(i). The law, however, grandfathers aliens in the United States for whom an immigrant visa petition or labor certification was on file by January 14, 1998, and any spouse or child accompanying or following to join the principal applicant.

The INS has stated orally that spouses or children accompanying or following to join a grandfathered alien are eligible to adjust under INA § 245(i). Therefore, even if the individual was not a spouse or child as of January 14, 1998, he or she can adjust under § 245(i) if he or she is a spouse or child at the time of the principal’s adjustment. The INS has not yet confirmed this position in writing, however.

Those Ineligible to Accompany or Follow to Join

Parents of intending immigrants or children of derivative children cannot be classified as derivative aliens. It also should be noted that an immediate relative cannot be a derivative on the petition of another immediate relative. As previously stated, those who lose derivative status are no longer eligible to accompanying or following to join benefits. And those who precede the principal alien to the United States as an immigrant are not eligible for these benefits.

Read more
http://www.twmlaw.com/resources/general25cont.htm


Good Luck
 
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