Follow To Join....

[dharma rao]

Hi, lets start a thread on follow- to- join: please lets know u r experiences with spouses joining the GC holders, but married before the Imm.petition was applied.What one shd not do-like not adding the spouse name on the GC petitioner application due to spouse working on a J1 or not being present in the USA hoe do these matter.Also tell us u r experience about the timing of home country Consular Processing
I-824 etc.Thanks a lot.Its especially helpful to those spouses worried and feel helpless \'cause they are in the homecountry away from access to info.et.

[TeresaMartin]

This is a good thread to be continued. As lots and lots of people getting into this stage now.

I am on 485 and recently got married. Do not know how to bring her. How to do a Follow-To-Join?

What are the docs needed to submit a Follow-To-Join application? Whether she needs to be in the Home Country till you file a Follow-To-Join application Or she needs to be in the home country till it gets adjudicated? How long does this process delay your GC?

[dharma rao]

Is it somewhat late to call your case a follow to join.You need to quickly consult an attorney before you can file I 824, I 864 for dependents.To be eligible for a follow to join one shd be married b4 the I 485 stage.This is not a legal advice I am not a lawyer.

[USGC NQCTiv]

I got married after filing I-485. However, my spouse is with me here in US with a H4, since I have my H1 still valid. Does anyone know the procedure for my spouse to get a GC, with my application?

[dharma rao]

you have a chance from one lawyer\'s version, cause she is u r dependent currently residing now in the USA and she will not be asked to go back and wait in the home country for a GC.Talk to lawyers.

[Confused-by-INS]

Hi,

I am very confused about my Greencard processing .... would appreciate any advice. I am in US on an H1B visa since March 2000. I got married last October and my husband got his Greencard one month after that on November 7th. Since my husband\'s I485 was already filed, my name could not be included in his application, nevertheless, I went with his for his GC interview hoping that the interviewer would include my name on his application on a "following to join" status. However, the interviewer told us it was not possible to include my name and that my husband would have to file for my Greencard separately on a family based petition. We later found out from a lawyer that since we did get married before my husband got his GC, that it was possible to apply for my GC on a special condition and that way my GC processing would be faster. However, we got conflicting opinions from different lawyers. I now have 2 choices, either to get my GC processed through my employer, which would take a minimum of 3-4 years or to have my husband apply for it. Needless to say I am looking for a way to get my GC processed in the fastest possible manner. I was wondering if any of you have any knowledge or experience that would help me decide on the best possible alternative.

Would appreciate all your help / advice,

Thanks,

Aparna

[dharma rao]

aparna
as 485quest said why not go ahead with I-864(affidavit of support by gc holder for spouse) and I-824 for consular processing and see.Also wise to go ahead with u r own emp. based gc processing which is quicker, compared to I-130. But find out if any or all the 3 are mutually exclusive.

[dharma rao]

dear 485QUEST
any info as to how a Green Card spouse married before arriving in the USA, can adjust the status of spouse residing in the USA on an H-1. After I- 485 approval of GC holder the beneficiary/dependent also entered the USA on an H-1.(Marriage took place 10 yrs before either ever entered USA ).So both in USA , how does this work.Similar to U r situation( you and your son)

[dharma rao]

aparna
give your research experience in this regard here.Many going thru similar situation will be benefitted.

[Shama Jahan]

I think you need to file I-485 for them with I-485 Receipt Notice . Do not delat it ..

[FRITS REINTS]

I AM FROM HOLLAND AND JUST MARRIED A WOMEN FOR THE US. WHAT DO I NEED TO DO TO GET MY GREEN CARD AND WHILE AM WAITING FOR IT TO GO THROUGH CAN I STAY IN THE US, WITH HER? AND WHAT FORMS DO I NEED TO FILE FORM MY GREEN CARD?

[dharma rao]

frits,
read 485quest in column 2.1( right here, go up and down u will find it). he gave couple of websites - click on those web sites, u will get the info.
if u r spouse is us citizen, u can go to ins get u r status adjusted fast.

[ramkison]

Hi :

I believe, I am on the same boat .. I got married after I applied
my I485 and now it says it is approved .. just before filing
I485 (i.e. include my wife\'s application onto existing application)
but because it is approved .. I don\'t know whether they include
my wife\'s application or not .. worried ..
Please share your experience .. what you did in your case ..
Thanks in advance ..
please mail me rameshbalajiv@yahoo.com
Ramkison.

[dharma rao]

ramesh
if the spouse is in the USA as u r dependent
or on anyother legal status now at this
pint of time then her status
can be adjusted here in the usa.
u need to fill her 485.go to state
ins office- they will allay u r fears.
 good luck.

[Sameer Gupta]

I would request ur help urgently.
My wife (we got married last month) is a Permanent resident and we are about to file a petition under category 2A for my PR. Pls let us know in brief what are the processes involved.

[Kusum Bhandari]

Does follow to join benefit applicable to the spouse and children already in USA (on H1 and H4 respectively) of a Green card holder or its only applicable if the family is in the home country? We have been married for last 18 yrs and my wife got green card last year. I am wondering whether I can apply for I 485(based on follow to join benefit) without I 130. Any suggestions or comments will greatly help.

Raj

[dharma rao]

go to state ins office in u r state they will give u 485 to file u can get work permit with receipt of u r 485 from the state ins office

[Sampath Varatharaj]

Aparna,

Please read the following URL. This may help you...
http://www.ins.gov/graphics/howdoi/appproc.htm#3
Regards,
Sampath V

[Sampath Varatharaj]

Ram,
Read this URL for more information...
http://www.ins.gov/graphics/howdoi/appproc.htm#3
Regards,
Sampath V

[dharma rao]

sampath
thats an excellent web address for this thread
kusum bandari and others must have a lot of relief
also the local ins office answers this question
reassuring the quick issuance of a work permit to spouse
if present here in usa
thanks

[dharma rao]

dear kusum bandari,

 hope this will help u
a friend of mine is going thru identical situation. he said the indian consulate can help him get quicker green card issuance. however the ins shd send the file to indian consulate first then on it shd be dealt with by the indian embassy- u r at their mercy and nobody can help u from here ie., the us ins will lose control of u r immigration,

 alternatively u can go thru adjustment of status here in the usa.this as u can imagine take sometime, but i believe u will get the employment authorization as soon as u r 485 petition is received by the ins. the receipt notice will automatically entitle u to an empl. auth. card. this is done by the local ins state agency upon producing the receipt notice. post here u r findings please.

[niti gupta]

I am working here on H1B visa and recently got married to a US citizen. I am also a canadian permanent resident. Is it possible for me to apply for green card from Canada and also continue my H1B status and continue working in US.
Thankyou!
niti

[dharma rao]

niti gupta

yes. absolutely

[niti gupta]

Hi Dharma,
In that case, will my application be considered as a change of status or filed from outside the country. As these 2 are totally different category. One takes about 3 yrs and the other app 9 months.
I heard that once you file your application for GC, you no longer can enter US on any kind of visa.
Thankyou!
niti

[Alice Mulcock]

I am deperately in need of some help. I can not find my situation in any of the boards. I am a US citizen and moved to the UK to marry a UK citizen nearly 2 years ago. We have been married 1 year in May.I want to come back home and bring my husband with me. I have filed an I-130 in England but I do not qualify for the affadavit of support because i dont reside in the US.No hope of getting a joint sponsor. Is it true that we can move back to the US and file a I-485 right away without having to file the I-130 first? If so, do I need to cancel my I-130 here? Also because I was married in the UK do I need to get married again in the US? How long will it be before my husband gets approval to work if we do it this way? Please help, desperate to get home to my children. Sorry so lengthy

[Tom TIan]

Hi, I am a chinese. I got married this spring. My wife tried to apply H4 visa twice and was rejected. She was told that I should go back and apply H4 visa with her. Right now I am going to file I485. ( I already delayed this petition for several months due to my wife H4 visa). My lawyer told me that if I file I485 it is even harder for my wife to get H4 visa even if I keep the H-1B visa. He said that the consul can check the INS system and get my I485 application. I am not sure whether this is true. Someone told me marking NO for question 26 in form 156 (which inculde whether you file for AOS). I am not sure whether this is kind of cheat or very dangerous. Anyone knows such case will be greatly appreciated. Thanks!

[dharma rao]

niti gupta

since u r on h1 now in the usa u r in good shape.
u can apply for consular processing from canada or adjustment of status here. either process does not take away u r current h 1 status. try to maintain the h 1 as long as possible
the adjustment of status gets u a very quick work permit so u r off the h 1 employer\'s hook, but the green card issuance takes time.
in the consular process, find out the waiting time for canadian citizens, if its not much go thru the same
but us citizen\'s spouses get adjusted real fast i think.
hope this helps and contribute to this thread please.

[Nick I485]

Aparna, Did you find any route for filing GC . I
am also in the same boat .

Thanks,
NickI485

[dharma rao]

dear 485 quest,
Congrats on 485 stamping.
nice to have you back after a long period of silence, I agree that many who contribute
 to this forum are better informed than the ones who stamp IVs ( like they say,
 an old patient is better informed than a young doctor!)
what are u doing with your sons IV. Is he not coming here as a dependent first to
get adjusted, or are u now applying for I 824 and 864 for the dependents for
consular processing?The latter sometimes gets prolonged for no particular reason you see.

[dharma rao]

hi kusum bandari,

whats happening? ur input is appreciated!

[udghosh]

Has anyone here gone through complete I-824 and I-826 forms approval and brought their spouses in US from homecountry.

Any answers would be appreciated.

[ngrs]

Hi,
      I\'am currently working on a H1-B Visa.
My Employer has applied for Green Card and Recently my
I-140 has been approved and my priority date is also
current. I have opted for Counsler processing. I\'m
currently Single. I have already sent my Packet-3. I
have to go to India for the interview. I\'m planning
to Get married when I go to India for the interview. I
was just wondering can my wife also get the green card
on this Accompanying or Follow-to-join category.
Please advice me what will be steps and various
documents I should have for both Accompanying and
follow to join. Also does it matter If I get married
before or after the interview.

[pea]

I went through the whole process and was a total success. I filed my 485 in 5/1999 then I got married in 4/2000 and my husband \'s name was added and treated as follow-to-join in 5/2000. My green card was finally approved in 11/2000 while his was just approved in 6/2001. Both my case and his case didn\'t get a RFE. We are lucky and very happy though I have been waiting on my case for a long time.
Hope this helps.. you can look at my previous posting to get more of my info..
-pea

[VMB485]

Hi, pea,

Did your husband apply for his immigrant visa outside of the US or he was in the US and you filed a 485 for him?

[i824a]

pea, what service center did you apply i824 for your husband?

[pea]

he was here in Boston on F-1 visa before he got approval.

[pea]

vermont service center.

[dharma rao]

pea

was it I -485 here in usa or consulate processing in india u r husband has had to go thru for the folow to join I.V.?

[Nick I485]

I am going to have interview in Baltimore office on 08/29/2001 . My spouse is in India right now . I am planning to bring my spouse on H4 before 08/10/2001 So that before my interview I can file I-485 for my spouse. Is it possible or not.
                      
Is there any rule which stops spouse to file I-485 before completing 3 months in US ????

I think my company lawyer is playing around . He says befor completing 90 days we can not apply for status change(I-485) for yr spouse . The only option , lawyer is telling to proceed with CP for spouse in india itself.

I think it will save some money of employeer for tickes / medical Insurance / cost of applying ead & ap ...and so on .

Please send your comments if you can . I will appreciate a lot.

Regards,
NickI485

[cool-guy]

Nick,

That 90 day stuff is just plain bull shit, you can file 485 the next day she lands here. I would really suggest you to bring your wife here and file 485 for her before your interview.

Cool_Guy

[dharma rao]

nick 485

the cleveland state INS official told me that -as long as the spouse is here on any legal visa, 485 for AOS can be apllied for on a family based category.Many lawyers are less informed than some of the applicants- its obvious when u read from this wonderful forum created by Attny. Khanna.
attend interview with spouse.I have a feeling she shd get work permit real soon. if u can go to the state ins well before interview day they may offer more info. so that u may be well prepared for the d day.pl write u r experience.

[Nick I485]

Thanks Cool-guy & Dharma ..

I had long discussion with lawyer & employeer . They are playing around and at last they you can bring spouse on H4 then we will see. I will bring the spouse first then will try to apply on my own .

[Lee824]

Hi, cool-guy.
You seem to be proficient with I-824.
Do you know what would happen if I-824 was filed by attorney
without providing address of my wife abroad ?
Is it a real problem that has to be fixed or it can be me
or attorney, who gets packet 3 ?
Is NVC involved in follow-to-join at all ?
Your advice would really help.

[cool-guy]

Lee I am not sure if that is a real problem or not.

To my knowledge once your 824 is approved, INS will send a direct cable message to consulate stating that your status has been adjusted to PR.

Then consulate will inform your wife and schedule an interview. In the mean time once you 824 is approved, you must file a p3 with the consulate and create a case number. Let me know how it goes.

[ramkison]

Nick:
Please do not wait for 3 months at all .. there is no written rule at all in the INS book.
Once your wife in USA, just send the apps. to INS for adjustment before you go for Interview.
DO NOT DELAY ANY MORE .. YOU HAVE WAITED SO LONG, YOU DESERVE IT ..
Go ahead and apply asap.
Take Care.
Ramkison.

[GC_marathoner]

Nice thread. Hope to get some help for my unique situation:
o Filed I-485 for spouse+self in Sep 1999.
o Went on vacation to India in Jan 2001 prior to FP.
o Found out in India that wife is having a high-risk pregnancy
  and cannot travel. The baby will have to be born in India.
o I returned to US to find FP notice in the mail.
o INS refused to reschedule wife\'s FP on medical grounds and
  advised me to do follow-to-join after I get my GC.
o Doing follow-to-join for my wife is no problem (married before 485)
  but how do I bring my newborn to this country?

To be more specific:
Do I need to sponsor my newborn under family category which could
take between 1 to 3 years or is there a faster way?

Thanks in advance.

[cool-guy]

Hi,

I think you should follow the same procedure that you do for your spouse. It should be no diffent I think anyways consult a lawyer.

Cool-guy

[cool-guy]

Hi All,
I am doing follow to join for my wife. My 824 got approved now what is the next step to take. Any help is greatly appreciated.

Cool-guy

[zbz99]

my lawyer file I824 application to get a duplicate copy of my I797 form at NSC.
anyone have experience on that?

[zbz99]

INS RD is 7/20/01, I\'m still waiting.

[dharma rao]

cool guy

Now nothing is in your hands. The INS has to send a cable to the Consulate and the con will send u the p3. No identification/ tracking number to verify will be provided to you.

you will not here from INS once I 824 approval is mailed to you . The Nat visa ctr doesn\'t process the Fol to join applications.

The consulate will give you a number. There is no waiting list for this category.you got to wait for consulate to acknowledge the receipt of the cable and file from the INS directly.

dharma rao

[GC_marathoner]

I was told that after I824 approval your consulate in India will
be notified. They will then ask your spouse to come for an
interview. She will get GC stamped on the same day (if all goes
well).

BTW how long did it take for your I824 to get approved?

[cool-guy]

 

[cool-guy]

Hi,

do u have any idea on how long it will take the cable to reach the approriate consulate.

Cool-guy

[Help_for EAD]

Sir/Madam,
My situation is similar to Kusum Bhandari. I am on H1 and got my lay-off notice few days ago. My wife is a permanent resident. I am desperately in need of an EAD as I am not getting any lead for H1 employment. Can anybody tell me, if I am eligible for an EAD through my wife? Thank you all and special thanks to the moderator of this discussion.
--Murad

[dharma rao]

help for EAD

what is u r application status for PR. Have u already applied for
i- 485 or are u waiting for the CP interview (assuming i-824 has been already approved). was date of ur wedding before the stamping of u r spouse\'s i- 551. in Kusum Bandari \'s case the marriage took place before the spousal PR approval. Assuming u r case is similar what is the delay due to? Give us some details.
once u submit the AOS petition the receipt notice shd enable u to get EAD as per cleveland, ohio immigration officer\'s version when I enquired in March this year(in empl. based family petitions).

[Help_for EAD]

I got married last month. My wife\'s Citizenship interview had to be rescheduled as we went back home for our wedding. In a week since I got back from home, I heard about the lay-off. My wife hasn\'t filed anything for me yet as she is so close to get her citizenship interview. We heard from different sources that I could go to the local INS office with G325 and I-130 to get an EAD but not from any reliable source. All I care about for now is an EAD as I am having the hardest time finding another job with H1 sponsorship. Everybody\'s input is welcome and greatly appreciated. Please help.
--Murad

[luckyme9]

My I-824 is approved in 1 month time from VSC. I enquired with Chennai embassy regarding pkt 3 forms. They asked to send the completed pkt 3 forms. But on the application form they mentioned about CASE NUMBER. Which Case Number do I use or will Chennai Embassy provide one. Thanks if someone helps on this.

[raju prabhu]

Luckyme,

when did you file for I824? I filed on 9/19/01 at VSC

Thanks

[A Wait]

My I824 got approved two months back and INS sent a cable to Chennai couple months back. This is a follow-to-join case. But Chennai Consulate tells me that they got to get in touch with INS and clarify and then issue a Case Number. Is that the case? Or Have they missed the cable and now they are just trying to get the info from INS. Please clarify.

[cool-guy]

INS message says that they have the sent cable a month back and chennai consulate says that they have not got any cable regarding this and informed me that sometime it can take up to twop months to get the cable from INS, is this true. What was the gap between your 824 approval and chennai consulate getting the cable.

[dharma rao]

hi cool guy
can you write your e mail address to me at
diwakar_pt@hotmail.com. Its important that this matter should be discussed more in detail.We may be sailing along pretty much close
dharma rao

[luckyme9]

Yes, they emailed me back saying the same thing, after verifying with INS, they\'ll send pkt 3 to beneificiary\'s address (apprx after 2 mo).
What\'s interesting is for affidavit we\'ve to use I-134 (NOT I-864) for family.
Anybody knows why the difference??

[dharma rao]

I 864 for a follow to join and I 134 for the accompanying spouse.I think the embassy info is incorrect.
Even INS staff here in the USA gets mixed up with some of the forms, other aspects of petitions.

[luckyme9]

No I asked the Chennai embassy 2 times by email. They said the same info. I-134 for wife and baby on following to join case. If so what is the reason for I-864. Anybody has any idea. Also do we need send the affidavit with pkt 3 forms back to embassy or only at the interview.

[Nayblahscar]

A good thread here. I\'ve got a questions for you gurus. I just got married, and I expect my i485 will be approved on November this year. Theoretically, my wife will have the follow to join benefits according to the government web site. Do I have to file my I824 now or after I get my i485 approved? When I submit i824, do I have to submit any other material(s) with it? On i824, Part 1 will be my current address in the US, and on Part 3, only her name, date of birth/country can be filled. How can the consulate know where her address? My understanding is that the consulate will contact her directly after this i824 being approved and cabled, right?
Thanks in advance.

[cool-guy]

I guess there is no need to wait for your 485 to be approved you can file your 824 now. Only thing that need to be added to 824 is your marriage cerificate, her birth certificate and any transulations if need be. You will also mention your wife address for the consulate to contact her. Once 824 is approved, INS will send a cable message to consulate after that consulate will contact your wife to file packet 3. Currently 824 is approved and waiting for the cable message to be acknowldeged, this is been going on for 2 months now, i dont know when things will be over, very frustrating. So mention this to your wife and make her prepared for the worst.

cool-guy

[Nayblahscar]

Your suggestion is really cool, and helpful. Million thanks, man.

[raju prabhu]

My understanding is INS will send you package3 here in US. After that you send it to consulate in india. Once they receive it they send your wife package 4. find out whether this is true.

I am waiting for I824 approval.

Thanks

[luckyme9]

You need WAIT until I-485 is approved, otherwise your I-824 will be held at INS centers or possibly denied as per "Following to Join" Law.
So assuming once your I-485 approved and then file I824 and get its approval (2-3 months). Then send the approval notice with your greencard approval notices, marriage certificates, applicant\'s foreign address to US consulate in India. They\'ll check your greencard approval with INS and send pkt 3 forms to local address, which will take 2-3 months. Then after you send pkt 3 forms consulate will notify abt the interview date (45 days) and also send pkt 4.
I\'m going thru\' this right now.

[cool-guy]

INS does not send packet 3, once the consulate is notified the approriate consulate that you mentioned in I824 will send P3 to the local address of your spouse. Your spouse has to fill in the forms and submit it with the consulate. After that with 8 week consulate will schedule an interview time and issue p4 and that the end of the process.

cool-guy

[raju prabhu]

Freind,

My freind in florida using FTJ. After I824 is approved he downloaded packed 3 from internet, printed it ,completed it and send it to chennai consulate. he didnot wait for them to send packet 3.

May be you can use this route.

[cool-guy]

I might do that I am just waiting for them to acknowledge tha cable message, it this did not happend I will propably end up doing that. I will keep every one posted on this board.

Cool-guy

[Nayblahscar]

Thanks, luckyme9.
You mean there is a chance to be turned down on "Following to join"? Even if I got married before my i485 being approved? And I don\'t need to add my wife\'s address in the I824? I am considering adding copy of marriage certificate/address/etc as attachment to my i824.

[luckyme9]

Yes it is possible to deny the I824 app b4 your i485 approval. But you can file it again after your I485 is approved. It\'s just action on an approved application type (I824).
In my case Chennai consl. emailed me stating they\'ll pkt 3 forms to wife\'s address after 2-3 months of I824 approval. Also, because Pkt 3 forms needs a case number, which they\'ll provide once they start processing this type.
All they need is the marriage certificates, copy of approval notices and I485 approval notice with the address of beneficiary sent to them. They\'ll take it from there.
Hope it helps.

[bogey]

Employment based GC holder since 2000. Got married prior to 485 approval. Wife is a J1 visa holder and is pursuing a waiver job for three years ending 2003. I am assuming that she qualifies under "follow to join" and the question I have is that do we have to wait till she fulfills her waiver requirements or we should try and file I-824 at this time. Thanks in advance for your thoughts.

[cool-guy]

i dont think you have to wait for the waiver time to end. I would highly recommend you start her follow to join process.

cool-guy

[bogey]

Cool Guy:

Is this procedure easy enough to pursue on my own or should I try and hire an attorney for this. Thanks.

[cool-guy]

Bogey,

My 2 cents is to go through a good attorney, some times the extra money you shell out will be worth it.

Cool-guy

[Indian Guy]

I am in the same situation as cool-guy, raju prabhu and i am hoping we can all get a better picture.

I filed I-824 on 09/25/01 and i am waiting for the processing to complete. I got married before my I-485 approval and my spouse is eligible for Follow-To-Join benefits.

That said I have become confused with some contradictory statements
Issues

1. After I-824 approval , i have heard that INS informs the designated consulate in India (in my case,Chennai) thru a cable about the approval

Would the Consulate on ack of the Cable send the pkt3 to the beneficaries address in India ??
OR
Would they need more info from us like copies of
I-485 approval, passport copies of petitioner and beneficiary
and then verify with INS before sending PKT 3??

2. At what stage in this process is a CASE # generated

Is it after they acknowledge the cable received from INS
OR
After they verify the documents they are asking for

3. How long does it take to get an interview date once you file Pkt3 at the consulate?

Anyone who has gone thru the whole process and successfully completed it please help us out.

Thanks for your inputs and time

regards

[luckyme9]

1. The consultate needs more info as you mentioned and send it to them with the beneficiary\'s address, so that they can send pkt 3.
2. After they verify the documents asking for
3. approx 45 days.
Hope it helps.

[Indian Guy]

Some more Questions..

on 1. you said that they need more documents to send pkt 3, could i send this documents to the consulate before my I-824 approval is obtained??

on 2. Do you know how long they take to verify the documents that we submit??

Please keep me updated on your case too as i feel we are in a similar situation.

Thanks a lot

[luckyme9]

1. Even if you send information before it is approved, they\'ll still need to wait for INS to send the approval information.
2. 2-3 months before they send out pkt 3 after they get INS notice.

[reddy5511]

Can you help me out. Even I am in a similar situation.
1) You said that the consulate needs more info. What more info
   do they need. I allready mailed packet 3 to them. Do you think
   this is enough. INS send the cable to chennai on Aug 23.
3) How long do you think it may take before I get some response from
   the consulate.

Thank you
Reddy

[cool-guy]

Hi,

I have a few question for you

1. Do you know if the cable has reached chennai? My cable was sent on Aug 30 chennai has not yet received it, any ideas why it takes so long?

2. What did you fill in for the case number on packet 3 ? Has chennai consulate accepted your packet 3?

thanks, any help is greatly appreciated.

cool-guy

[reddy5511]

Chennai has not responded to my case yet.
I contacted customer service unit in chennai (thru email).
But they dont seem to have a clue about my cable nor packet 3.

My packet 3 reached chennai on Oct 8 (verified thru airborne
tracking #)

I left blank for the case #.

Thank you
Reddy

[cool-guy]

Reddy,

Looks like lot of us are travelling in the same boat, I am also calling the consulate regularly. They dont seem to have any answer and have not acknowledged the cable message from INS. I am not sure what to do now ? I have not filed p3 with chennai yet, is it ok wait for chennai consulate to respond to the cable first and then file p3. what is your thinking?

cool-guy

[reddy5511]

Cool Guy

My assumption was, we have to wait more, if we keep waiting
for acknowledgments.

My approach will work, if chennai is ready to accept packet3
even before they mail packet3 (most likely they will accept).
Worst situation is, I will end up waiting more (which I have
to do, even if I dont send p3)

Thank you

[cool-guy]

Reddy,

Thanks for the reply, keep us posted on your case so that everyone in this board will be benefited from it. There are lot of people here confused about how to proceed a FTJ case.

cool-guy

[Tinu]

I am on H1 Visa here.
I married 2 years back and my wife is here on H4 visa.
My wife\'s parents are about to become citizen in next 1 year.
They filed for my wife when she was under 21 years and not married.

The Question is------
Can his father include my name now in the petition already
filed ? or he has to file a new petition including both our names.

Or is there any other way to get the process speed up as both of us are already here.

[reddy5511]

Hi Luckyme9

Can you help me out in giving some information about the green card.

Nebraska send my I-824 approval to chennai directly, instead of
sending to NVC. I mailed packet 3 to chennai, before hearing
anything from them.

Do you think, chennai will accept my case?

Any feedback is highly appreciated.

Thank you

[reddy5511]

Heard that chennai started to accept Attorney certified I140.

Can someone post the message, if there is any news about it.

Thank you

[zeta]

Hi Sameer,
I am more or less in the same boat as you are. So, did you finally file under the 2A preference family-based category? Does it not take much longer as compared to employment-based?
Your response would be highly appreciated.

[cool-guy]

Here is the deal, I talked with consulate couple of days back. What they mentioned is to send in the copies of the following

1. Approval notice 824 and 485
2. Copies of all pages of passport both petitionar and benificiary
3. Marriage certificate
4. Copies of birth certificate of petitionar and benificiary.

The interesting things to note is consualte says not to worry about the cable acknowledgement. Once they get the documents mentioned above they will verify it with the INS. This verification process takes 2-3 months. At the end of this process they will mail out packet 3 to the benificiary. What a drag???????????????

Hope this help, I am not sure this is the right thing to do but this what I have been told. So call up the consulate and check with them.

Cool-guy

[luckyme9]

They asked also the same information from me. But did they ack once they received these documents from you. Otherwise how do you know they got it and started verifying.

[cool-guy]

How long to create packet3 once you send these documents?

Also to which address did you send this documents and did you keep any cover letter with it? If so can you post a sample

Cool-guy

[reddy5511]

Coolguy, thank you for sharing the info.

Let us hope, everything will be o.k

Atleast now we are sort of sure that the consulate is positive about our case.

If I happen to get any better news, I will convey it.

Thank you

[ycc]

I will appreciate if someone can answer these questions.

1) Will FTJ work for primary appicant who gets his/her I-485 approved
   in States. Then basically file I-824 to get CP done for spouse in
   home country. Is this correct?

2) What does I-824 really send to consulate? Just the approval notice of I-485, I-485 petition for the prim. appl. Please shed some
light on this.

3) Does the primary applicant have to be present during interview of
spouse?

4) Can someone confirm that these are the steps for filing follow to join,
I-824
Packet 3
Interview + Packet 4

5) How long does it take for each step in VSC and consulate?

Thanks for keeping up a great thread.

[cool-guy]

YCC,

1. Yes, it will work even for primary applicant who got GC through 485.

2. I824 really mentions that the primary applicant status has been adjusted as a permanent resident.

3. I dont think so, the real problem is it seems nobody has gone through FTJ at consulate. At present the consencus is nope.

4. I think there is one more step that starts concurrently with I-824. That is you must send the following to the consulate,

   - passport copy of every page both petitionar and benificiary
   - birth certificate of both
   - approval copy of 485
   - copy of GC both the side

5. dont worry about I824, my guess is it should be over in 6 months time frame from start to begin.

YCC, hope this helps. The real problem with FTJ is no one is sure what the procedure is. What I mentioned is not yet proved to be the right thing to do. I am also in the same boat not knowing what and when to do. Hopefully someone completes a FTJ and enlighten us.

Cool-Guy

[ycc]

Thanks for your informative response. I gathered from your post that procedure for FTJ is unclear. But, is there complete surety that this process will work? Do you know if this process will work even if
you got married after filing I485, but before getting the approval (some attorneys disagree on this, some say marriage has to take place before filing I485)

I also read somebody mentioned about AC-140. Does that have to be sent as well for FTJ?

Here is my situation. My I485 is filed. I want to get married before approval. Then would like to do FTJ for the spouse in consulate. Can you give details about your case.

Thanks and Best wishes.

[raju prabhu]

Hello,
you mention in the message 39.1 we have to send copy of passport,birth certificate and 485 approval copy to consulate. That is before my i824 approved??
I filed i824 month ago at VSC.

Thanks

[luckyme9]

I\'ve sent the approval docs for Chennai, which I sent around Aug 15. I\'ve not got any ack from them yet. They\'re yet to send pkt 3 to my wife. How abt yours

[ycc]

did you guys get married before filing I-485 or after filing but before approval? Thanks.

[cool-guy]

YCC,

FJT can be done any time if you got before your approval of 485. The only thing that matters is that you have to be married at least a day before your 48 approval date, not the date in which i551 is stamped. Personally I got married after filing 485 and before 485 approval. Hope this helps.

cool-guy

[cool-guy]

I guess there is no need to wait for 824 approval, if you want to save some time send them to consulate. But do enquire with them before you do so.

Cool-Guy

[reddy5511]

Hi Ycc

I got married after my I140 approval, and before applying
824.

Hope this helps.

[ycc]

Thanks for responding. Is there a website where u could download all the forms that the spouse has to fill out for FTJ? Also, can you list what forms the person who is sponsoring his/her spouse need to fill out?

Thanks.

ycc

[rp485]

My 1st H1 expires Apr.2002. I am planning to file I-485 now (since its current) and get married in middle/end of 2002. I believe, i must bring my spouse before 485 approval to add her in the GC process. I will have an AP to travel.

So,
a) Under what visa she can accompany me to US and how long does it take ?

b) Once if she\'s here, can she file directly I-485 (dependent) or is there any other process needs to be done ?

Thanks in advance ..

[cool-guy]

I belive once you get AP, you are no longer in H1B ono immigrant status and therefore you cannot bring in any dependents in H4 visa. There are different interpretations based on an INS memorandum that even if you have used EAD you can still maintain H1B status. The same memorandum does not apply to AP ie once you have travelled with AP you are no longer a non immigrant. Hence plan ahead, get H4 for your spouse while you are in H1B. As soon as she lands here you can apply for her 485. She is also entitle to EAD and AP as you are and its exactly the same process that you go through to file 485. To my knowledege this is the best possible secanrio for you.

Cool-Guy

[ycc]

Here is a list of forms which I know of to file for Follow To Join procedure for the spouse who is living abroad. I have filed my 485 here in US. Is this complete list of forms or is there something missing.

I-824
OF-169
DS-230 Part I & Part 2
Medical exam (Is this I-693 same as for 485 people?)
Affidavit of Support (For FTJ, will this be I-134 or I-864?)

Do both the primary applicant and the spouse has to fill out DS-230 or just the spouse?

FYI, I found a site www.immihelp.com which has valuable info. on immigration procedures. Thought it will be helpful to others.

Thanks.

[rp485]

Thanks cool-guy.

Is it possible to bring the spouse here thru the fiance visa and apply I-485 from here ?

But, by the time I do an H1 extension(Apr.2002), It looks like the Priority Dates going to retrogress 2-3 years for EB3.

Also, how long does it take if my spouse files I-485 in chennai consulate ?

[cool-guy]

I think your list pretty much covers every thing.

But before you get started you need send supporting documents to the consulate, looks a few posts above.

I guess affidavit of support is I-134 not I-864.
I am not sure of DS-230, again my guess would be only for spouse.

Hope this helps.

Cool-Guy

[cool-guy]

Hi,

the fiance visa is available only fo US citizens, so it does not apply to you. My suggestion would be to prepone your wedding bring her in H4. You can file 485 now and amend her petition once she comes here. That should not be a problem, each of you can file 485 at different time.

Cool-Guy

[raju prabhu]

When you applied for I824, did you give your spouse address in india?

In the application I mentioned my wife\'s address, I just got I824 approve. wondering whether I have to do anything OR just wait for chennai consulate to send Packet 3 to my wife.

Any help is greatly appreciated

[cool-guy]

I guess the most important thing to do now is to send the supporting documents to the consulate. I am also in the same situation where I824 is approved but consulate has not yet sent P3. When I enquired about this with consulate they mentioned to send supporting documents to them. It will take 2 and half months to create a case number and issue p3 once you submit the supporting documents. Talk to consulate see if there is any other way to accelerate this process and also keep us posted.

Cool-Guy

[GcWaiter5yrs]

Does any one know what are the required documents to apply for a SPOUSE who is in US at the time of approval.

I got married before applying for I485 (I was stuck by a stupid lawyer and now I have decided to do it on my own with the help of you guys who seem to be GURUS....Please help

[cool-guy]

I guess if you are applying in the US it a regular 485 application, you have attach your marriage certificate etc. I strongly recommend you to seek professional help esp with filing 485 application. Your spouse application will be treated seperately and the application process is no different than yours. Once you file 485 for your spouse as an FTJ petition, she is entitled to EAD and AP too. Hope this helps.

[GcWaiter5yrs]

CoolGuy,

Thanks for the info...I have a few questions.
1) DO i require a form called I824 (Action on a approved case)

2) Sponsorship document what is the required amount i need to make to sponsor her

3) Do i have to be employed with the same caompany that had sponsered me?

Please respond

Thanks

[cool-guy]

- if she is here and if you are filing 485 for her in FTJ you dont need 824 since INS already has your case with them. I824 is for cases where the processing is done in a consulate. When 824 is processed INS sends the file to the requested consulate. In your case this not required.

- you dont need to give sponsership document, since you are in the US already and you are not of any public charge. And I hope that you earn more than what is in proverty guidelines(i.e more than minimum wage).

- Nope dont need to, since her application is treated seperately. But at the same time you should able to give a valid reason why you left the sponser if that question was asked.

Also keep in mind some times in a FTJ case with AOS in US they call for interview at a local office. If that is the case you are in this for a long haul. I guess 6 month after approval is reasonable to leave the sponser.

Cool-Guy

[GcWaiter5yrs]

Thanks for the response,

So I dont need to sponser her (So i dont need to send that I825)from your message I understand that I just need to send I485 as a Follow to Join (As she was in US when my case was approved).

I think I would quit my employer who sponsered me after I get her GC Approved.

My case was also transfered to local office for a Interview and it was approved.

Thanks

[cool-guy]

Yes you are right, you dont need to file I-824. File I-485 for her as a FTJ thats is it you are set. Then you have to do the wait and watch game till it gets approved.

[cool-guy]

- There is no question of PD anymore, since your application is already approved. If even PD retrogress earlier to your PD she will still have her application approved.

- Yes is she very much benifeciary of your aprroved petition, its just that you have not applied for her AOS at the time of your approval.

- INA say that all the benefits of the immigration is applicable to the immediate family as long as the applicant can prove that such relationship existed before apporval. Check the INS website on INA I am not sure what section it is in.

[GcWaiter5yrs]

CoolGuy,

UR really Cool......

Are you a Lawyer ????

What\'s the deal with you??? Have your application been approved or ur in the same boat as mine???

[luckyme9]

My wife received PKT 3 forms from Chennai consulate couple of days ago. I sent the initial docs on Aug 19. This was pretty fast from them.
Cool.

[raju prabhu]

Can anyone please tell me which is best way to contact chennai consulate?
Need Tel No and Email add of Channai consulate.

Highly appreciated

Thanks

[luckyme9]

ChennaiIV@state.gov

[cool-guy]

Hi,

Thats is great news. What forms did they send to your wife. Also did you get your I824 apporved before sending those intial documents.

Cool-Guy

[Viajera]

Hi all,

Is is legal for a US citizen to marry a person whose B2 expired and who is currently out of status?

How do we marry and get the process started for the EAD?

Thanks

[reddy5511]

Hi Luckyme9

Can you help me answering some questions.

Your case was send to chennai directly, without sending to NVC right?

When did the INS send your case to chennai?

What documents did you send on Aug

Please let me know.

Thank you

[reddy5511]

Did chennai generate the case number ?

Does it start with the letters MDR... ?

Thank you

[luckyme9]

reddy5511:
 Yes the case sent directly to Chennai, without NVC.
 Sep 17th INS sent my case to Chennai
 Yes the case # starts with MDR...
 
cool-guy:
 Original approval of I-824, copy of I551 stamp, marriage certificates, copy of my entire passport pages, my employment letter, birth certificates for wife and child and covering letter. All were endorsed.

Here is the sample letter I sent to Chennai Consulate.

Name: Sep 18’ 01.

Immigrant Visa Section
American Consulate General
220 Anna Salai, Gemini Circle,
Chennai 600 006.

Re: Following to Join Visa for my Wife and Baby Girl
                                                         
Dear Immigration Officer:

I, became a Lawful Permanent Resident to USA on Aug ... I’d like to file Following to Join Visa benefits for … (wife) and ….(baby girl) so that they can join me here in USA at the earliest. Since I don’t physically have the Green Card yet (which could take 3-6 months from Aug 2, 01 as per INS), so I’m also attaching a copy of I-551 stamp from my passport for the proof of Green Card.

Enclosed herewith please find enclosed following documents:
o Original Approval Notice of I-824 (Application for action on an approved application). ie. INS Vermont notified Chennai consulate stating my status is adjusted to Permanent Resident.
o Copy of approval Notice of Lawful Permanent Resident,
o Copy of I-551 (Green Card) Stamp from my Passport
o Copy of my entire Passport pages,
o Copy of Marriage Certificate,
o Copy of Applicant’s Birth Certificates.
o My Employment Letter.

Applicant’s address in India:

We’re eagerly waiting to receive Packet 3 forms from you so that my wife and baby can join me here in USA at the earliest.

Thank you very much for your responsiveness.
                                                         Notarized by:
Yours truly,

                                                                                                                                                                                   
….

[cool-guy]

Looking at you previuous post I am confused can you throw us some light. I would really appreciate if you can respond to some the questions below

- When was ur 824 approved
- When did you send in ur additional documents
- Did consulate at any point of time acknowledge the cable message sent from INS
- After you send the intial documents is there anyway to know that they have started processing the application

Cool-Guy

[ycc]

luckyme9,

You mentioned your wife received Packet 3. Can you please list all the forms it contained. Regarding affidavit of support form, did the Packet 3 contain I-134 or I-864?

Thanks and good luck!

[cool-guy]

Luckyme9

what forms did you have to fill I134 or I864

Cool-Guy

[Saif]

If a person on a visitors (B1) visa gets married to a Green Card Holder. What option does he/she have to stay in the US. Can the Green Card Holder sponsor her for a Green Card and during the time it takes for him/her to get the Green Card, can he/she stay in the US and get a work permit. How long does it take for the Green Card to go through. Is the priority bumped up or changed if the Green Card Holder becomes a citizen during this waiting period.
Thanks

[luckyme9]

824 approved on Sep 17. I sent docs on Sep 19. No consulate did\'nt ack. The only way I know after my wife got the pkt 3 forms.

[luckyme9]

If it\'s empl. based immg. for you, then ur family should submit I-134 NOT I864 as per Chennai embassy. Yes the pkt 3 forms had I864. But an email confirmation with chennai mentioned I should file I134.
Also it must be taken to the interview.

[reddy5511]

Thank you for the information so far.
Can you answer few more questions.
You said that you send some initial docs on Aug 19th.
What docs did you send on Aug 19th.
Your 824 was not approved by then. Did you send the 824 receipt?

Please let me know
Thank you

[wlmo8 wang]

Hi, I am in same boat as yours. My wife\'s H4 was rejected either. But,
I decide that my wife apply immigration visa after my I-485 approval.

My lawyer said that he will be asking INS to notify Guangzhou consulate once my I-485 approval. After reading http://www.ins.usdoj.gov/graphics/howdoi/spouselive.htm, I think what my lawyer said is true.

How\'s your status now ? Can you contact with me at sjwang@hotmail.com

Thanks !

Mike

[luckyme9]

Let me clarify certain things.
1. I got my 485 approved on Aug 9th.
2. I sent FTJ docs to INS on Aug 19th.
3. I-824 was approved on Sep 17.
4. I sent initial docs to Chennai consulate on Sep 19th.

Hope it clears everyone.

[reddy5511]

I have my doubts cleared

Thank you

Good Luck!
Reddy

[cool-guy]

Once more question

-Does the packet 3 sent mentioned a case number?

Thanks for the info that you shared and keep us posted of the developments, we very much appreciate it.

cool-guy

[luckyme9]

Yes the pkt 3 had a case number starting MDR...

[dp r]

Sir, I request your suggestions in my case. I am employed with a start up in H1.

1. I am on a unpaid vacation from Aug\'01.
My 140 was approved on Aug\'01
I will be terminated by Jan\'02

2.My company agreed to file a 485 application this week only.

3. But my pregnant wife left for india in OCT\'01 and will deliver a baby by JAN\'02.
both my wife and myself didn\'t have the visa stamped on the passport, but have H1 and H4 approved pettitions.

If I file a 485 petition now, how I can bring my wife and new born into USA to file a 485 application when I will be in EAD status?

how i can proceed? guru\'s please help me to find a way, so that GC to continue for my family too...

[user999]

My I-485 has been approved and got mine and my wife passport in local INS office. I have a kid and studying in India. At the time of filing my I-485, I have mentioned my son name but not applied for them. Now, I am planning to bring him over here.
Because this is employment based Follow to Join, My company attorney says, all I need to do is just file I-134 at the consulate in India and carry all the latest pay stubs, tax returns, marriage certificate, my son\'s birth certificate, etc.

Is this all I have to do, please advice.

[luckyme9]

Yes that\'s what you should do and you should be able to bring your child in about 5-6 months.
Good luck.

[luckyme9]

FI: I recieved my Green Card y\'day.

[Nayblahscar]

I am still waiting. I will submit 824 for my wife after I get my 485 approved. NSC is so slow.

[Popat Lal]

gurus
i am trying to scope the chances of sponsoring my spouse in india on the basis of follow to join. I got my approval under EB2 category using the I485 process. if i can get hold of the marriage certificate from 1999 on my next visit to india can i sponsor my spouse right away while i am visiting her? what are the questions asked during the process of interview? please any insights would be greatly appreciated, never realised that family based immigration would be a long wait. so trying to avail of the oppurtunities under the follow to join process for EB category visas.
thanks
popat

[Indian Guy]

I filed on Oct 5th 2001 and i just checked AVM at Vermont and it say case approved on Nov 23rd 2001. I will send the required docs to consulate once i have a copy of the approval receipt.

Thanks to luckyme and cool guy for their inputs.

luckyme can you keep us updated on the status of you pkt3 submission and any pkt4 updates. Also what form should we use for Affidavit of Support when filing pkt3.

Thanks a lot
Indian Guy

[priti19]

Aparna,

I have been looking into this for a while. The deal is if you were married before his 485 was approved, you can be a beneficiary and this would be fastest compared to through your employer. The question is what needs to be filed - I am also looking for answer. Sheela murthy or rajiv khanna are known lawyers on the net (you can search for them), if you are looking for hiring someone. Doing this process would approx. take about 6mo - 1 yr. And you can also file for EAD and AP at the same time, enabling you to travel out of US and work in US.

Please post update if you get info.

thanks!
Priti

[raju prabhu]

My i824 approved month ago. Voice mail say they already mailed documents to appropriate consulate(madras). Still now we didnot receive packet 3. My lawyer say we dont have to send initial documents.

Is it must to send initial documents or anyone who has received packet3 without sending one.

Thanks

[Indian Guy]

Same situation here. Call the appropriate consulate and if your case has reached them they will probably give you a case #( User your spouse\'s name ). Once you have that you can download the forms online and send them filled out to the consulate.

If U wait for the PKT 3 forms it may take quite some time. In my case i sent the initial docs before and after my I-824 was approved.

thanks

[A Wait]

Friends, How do we get PCC for those in India. My wife is in India for the past 5 months. (Thanks to the screw up by the attorney). How do we get PCC for her?

Do we need to goto local police station and ask them? If so, what is the format in which we get PCC?
OR/AND (please spcify either or both)
Do we need to goto Regional Passport Office and get PCC from them?

Also where do we get PCC for my wife? All her life, she lived in Trichy (her place). She was here in the US for 4 months. For the past 5 months, she is in both Trichy and Madras (my place). We specified Madras as her present address in Packet 3. Where do we get PCC for her?

[A Wait]

Please help. I just recieved my wife\'s packet 4 from Madras Consul. They have asked her to bring I-864 (evidence of financial support). Her case is only a follow-to-join on my employment based case. In this situation, i thought consulate should ask for I-134?

Guys, anyone in this situation? Did they ask for I-134 or I-864. Please post here or email me at gcnow@hotmail.com. That would be of great help to understand.

[Indian Guy]

Here is the message from Chennai Consulate on my question as to whether i should submit I-134 or I-864.

They were clear use I-134, to confirm for yourself send an email to the consulate with Ur case details in brief.

Good luck

-----Original Message-----
From: Chennai, IV [mailto:ChennaiIV@state.gov]
Sent: Tuesday
Subject: RE: I-824

YOu are required to give I134.
After we receive the pkt3, it takes 8 to 10 weeks for the interview to be scheduled.
 
Customer Service Unit
American Consulate General
220, Anna Salai
Chennai 600006
Ph-91-44-8112060/2000
website:www.madras.sphynx.com

[coolftj]

Hi,

Has anyone used 824 receipt notice to file packet 3 forms ?
Espeically in Chennai.

Also does CSC really take 840 days to approve the 824 ?

[raju prabhu]

Hi

Did you ever talk to customer service at chennai consulate over phone?
I called 44-8112060 and 8112000 but no one is answering. I wanted to find out about our packet 3. which is not yet received 7 weeks after I824 approved.

Thanks

[Indian Guy]

I did talk to customer service try calling early in the morning Indian time , i called around 9:00 AM. Better send an email to chennaiiv@state.gov with your i-824 case # and spouse details.

In my case when i called they stated that they had received information from INS and gave me a case # and according to them pkt3 forms were mailed out to my spouse\'s address. My wife had not received them but i downloaded the forms and I have submitted pkt3 on 12/18. I got the case# info confirmed on a reply to my email.

(They were actually were waiting for PKT 3 submission from my spouse to proceed further processing)

NOTE: A couple of my friends who are also processing like me are still waiting for chennai consulate to acknowledge I-824 approval no information about their case has reached consulate from INS.

I consider myself fortunate.

One Question did you send I-134 alongwith PKT3 because i read somewhere that only of-169 and of-230 part 1 are required and that they need I-134 at the time of Interview after pkt 4. Please update.

[raju prabhu]

My I824 approved on Oct 22. Yesterday I talked to customer service at Chennai and also received email from them. They dont have my case in their system. They asked me to contact Vermont Service center and asked them to resend.

But Vermont Center Representative tells me they already Faxed this case to chennai and they are not going to take any more action.

Did this happend to anyone else? even after 6 weeks not received case at chennai.

Any help is greatly appreciated. it is so frustrating.

Thanks

[cool-guy]

Yes I am still in the same situation, mine was approved in
August and chennai has not yet got the cable message. This
really sucks and dont know what to do. One lawyer asked me contact the consular liasons office and see what they can do. If nothing works out the only other alternative is to refile the 824. I know this might sound frustrating but I dont see any other alternative to this catch 22. Let us know of the progress Raju prabu, if we keep us informed it will be mutuall beneficial.

Cool-guy

[hxs_ctg]

I am in the same boat. I-824 Cable Notification approved twice, since the Consulating is saying that they have not received anything from the INS. Has any one considered the following option to apply for an immigrant visa for spouse?

Physically visit the Embassy in your home country, with a proof of your green card status, an original copy of your I-140 approval notice, and a proof of marriage which indicates that you married before your green card approval date. The consular officer there should register your spouse and issue your wife a Packet III on the same day. If you fill out the Packet and submit it to the consular officer on the same day, your wife will most likely be schedule for an interview within a couple of months. It is the easiest way. Only drawback for this option is you must go to your home country to register your wife. It cannot be done through mail.

Thanks.

[Indian Guy]

What you just explained seems to be great news for people who are waiting for months expecting the consulate to either receive or acknowledge the cable from INS after I-824 approval.

Have you or anyone you know followed this procedure. If you can point me to links of INS web site please do. The reason being i don\'t want to raise false hopes for people who are suffering right now.

Thanks

[hxs_ctg]

First, a little info regarding Consular Notification I learnt couple of days back. INS does not send any notification directly to the Consulate. When the I-824 is approved, INS will send a request for Consular Notification to the DOS at Washington DC. It is the responsibility of the DOS to send the Cable Notification to the Consulate. Some Consulate will accept a fax directly from the INS Service Center. However, one has to convince the Service Center to fax the Approval Notice.

My lawyer suggested opting this approach (I will go home once I receive the plastic card. You can go with the temporary I-551 stamp as well). I also posted my query at the Discussion Forum moderated by imminfo.com. Attorney Ron Gotcher gave thumbs up regarding visiting the Consulate with spouse as outlined in my last message. I also saw similar posting at isn.org.

The Consulate definitely has discretion on these types of matters. I recommend contacting the Consulate and verifying actual procedure including required documentations.

Good luck!

[BALLE]

I would like to get so info on brining my wife to US. I have already filed for I-485 and My H1 has expired I travelled India on AP and I do have EAD. Is there a way that I can bring her here within a short period of time ? Any help will be really appericiated

Thanks

[BALLE]

I would like to get so info on brining my wife to US. I have already filed for I-485 and My H1 has expired I travelled India on AP and I do have EAD. Is there a way that I can bring her here within a short period of time ? Any help will be really appericiated

Thanks

[cool-guy]

I guess if you have your H1 extension then you can go out
of the country reenter US with a new H1 stamp. This way you
aquire back the H1 status. Then you can apply for H4 for your
wife and bring her here. Once she is here you can apply for 485 for her. Hope this helps, but this is the only short way to bring her
here.

Cool-guy

[kobayashi]

Rd 05/07 ND 07//09 If I go to India and get married, and if for example, my I-485 is approved while I\'m in India, will my wife be eligible for "following to join" immigrant visa and avoid the I-130 petition and priority date fro visa # etc.?

Also, I won\'t be checking AVM or mail from India so how would I know if I got approved? Approved or not, can I still go the Consular office in India (assuming I didn;t get approval notice on the day I left) and file for wife\'s H-4 (I\'m on H-1) or "following to join" visa once my GC is approved?

Thanks in Advance!!!!

[kobayashi]

Urgent help needed..

Can spouse file "follow-to-join" if we are married before I-551 is stamped on passport (I-485 approved) or is it marriage before approval notice is received or issued? What if I\'m in India when approval notice is sent to my US address??

Any previous experience, thoughts, comments in this matter appreciated,. Thanks!!!!

[Indian Guy]

From what i have read and understood .

the Date of approval I-485 is the only date that you need to concern with ( All other dates like date of received/issued/I-551 stamping date are of no consequence ).

Simply put if you are married before the date of approval of your I-485 application then your wife is eligible for Follow-to-join benefits as she will get a VISA # from the EB-3 quota. If you are married after I-485 approval date then you would have to go thru Family based visa quotas and it will take years.

Hope it helps.

Note: The process is slighy different if you are doing CP instead of I-485 for your GC.

[kobayashi]

I\'m doing I-485 here and not CP. I\'m planning to leave for India to get married soon (in two weeks or so). Assuming my I-485 is not approved the day I leave, can I then get married and apply fro "follow-to-join" for wife?? In India, I won\'t have any contact here and wouldn\'t know if 485 is approved or not.

Finally, I also have H-1 visa valid. Can I just apply for H-4 for wife assuming my 485 is not approved the day I leave for India???

Thanks in Advance!!!!!

[dharma rao]

if days or weeks are a matter of concern, then get married and bring your spouse on H-4 here. Once the dependent is already in the country on any legal visa, it will be I-485 for her. But if u r already on I-551 u can\'nt do that. Hence, H1 status is better for one to get married in.

Yes, date of wedding (with ref to dt of approval)is the most important factor for FTJ, but legal residence of dependent spouse may play more important role in some cases. If spouse is in the USA on H4 or F4,regardless of the date of approval,adjustment can be made. In other words she wont be asked to go home and wait in the line for years for greencard interview. She/he will be permitted to stay with spouse while waiting. Not a legal advice.

[Indian Guy]

I don\'t think ur date of leaving for India has no benefits towards consideration for FTJ . It does not matter when you get married as long as the date is earlier than your approval date she is eligible for Follow-to-join benefits. Just because you are not aware of Ur I-485 approval date ( whenever it happens as u not being in the country ) it does not allow you to get married anytime later and claim FTJ benefits for ur spouse.

As for getting case status you can call International and try getting to the Automated Voice Mail system of the service center. I have used this before from India.

 
My 2 cents worth.
Get to ur home country and get married before ur approval occurs. Maybe you could atleast a complete a civil marriage the day you arrive at your country

As long as ur I-485 is not approved and you have a valid H1B you can apply and bring your wife to the US on a H4

[kobayashi]

Dharma Rao, Indian Guy-

Is it possible then that I go to India, get married and come back w/ wife on H-4.. and then find out I-485 was approved while I was in India (regardless of before or after marriage), but I can still apply for FTJ for wife because wife is now in US?

Also, if i get approved and go for spouse\'s H-4, will they stop me from doing that at the consulate if they find out I was approved a week or two before or while I was in India(I won\'t have I-551 stamp though)?

Finally, is approval the approval notice of I-485 or the I-551 stamp? if the stamp is what matters, then I can possibly not get my stamp before going to India (even if i\'m approved) and only go for stamp on passport after I come back.

Thoughts, comments are hugely appreciated!! Thanks!!!!!

[Grams]

I applied for I485. I got married prior to applying. At that time I was H1-B. So H4 was stamped. My husband made a couple of trips to US.
He is currently in India and will be there for a while. Along with I485 I applied for I824. What is the process after my I485 is approved.
I know many folks in this board have gone thru my situation.
Further due to his exams he can take interview only in Nov of 2002.
Any input is appreciated
Thanks in advance
GRAMS

[dzjzsn]

Hi, Have you got your duplicate copy of I797? I am going to do the same thing since I filed my AC140 with all those original documents back to China three months ago, but I have not got the case number yet. Something wrong, my attorney think my package was lost at the consular, without the original document we can not refile AC140. So if you have any information, please let me know! My attorney said it needs to take 5 months, I am not sure whether it\'s true or not!

Thanks!

[raju prabhu]

Hi,

My I824 approved on oct 23. Vermont Cabled to Chennai Consulate on Oct 30. Still now Chennai not received cable.

I just spoke to my lawyer, he suggested my wife should go to American Consulate in Chennai with I824 approval notice. and they are going to issue packet 3 to her.

Is anyone done this before? what is the proceedure? Do I have to make an appointment?

Any help is greatly appreciated

Thanks

[cool-guy]

I am also in the same boat from august. I have not
seen anyone doing it, but its worth giving it a try.
The consulate is open for immigration visa
enquires on all fridays from 1:30pm to 4:30pm.
Good luck man, let us know what happens. There are
handful of people going through this hardship.

Cool-Guy

[cool-guy]

Guyz,
Hope this helps a little bit for all the people who are going through this cable mishandling hardship.

Option 1:

Going to the consulate directly with AOS proof, the consulate
must be able create a case number. Refer to following in
foregin affairs manual

http://foia.state.gov/masterdocs/09fam/0942053PN.pdf

Option 2:

Secondly there is some thing called as "Visa Omega Cable"
that can be sent from any consulate (eg Canada or Mexico).
No need for appointment, go the consulate general show
all the details originals 140, 485, 551 and marriage vertificate.
The issuance fee is $30. I have not yet tired this personally.

Hope this helps, and keep the board posted.

Cool-guy

[wisefish]

That is very helpful.

[coolftj]

Hi cool-guy,

have you actually tried any of the suggestions ?
especially in chennai consulate ?

thanks

[mm_a]

cool-guy,
I am also in the same boat for Mumbai consulate.
My I824 and I485 says the same msg. (i.e. On .. appropriate American
consulate or POE was notified...)
Does your msg is also on both EAC#(i.e. I485&I824)
Thanks

[kobayashi]

If spouse is in the US on H-4 and marriage was before 485 approval (but after 485 application), can spouse use FTJ provision to file AOS? What forms need to be filled for FTJ?

[cool-guy]

yes, you can adjust the status in the US itself
through regular 485 process. All the forms are
same and the procedures are also same as regular
485. Talk to your lawyer he must be able you
help you out in filling your spouse 485. Your
spouse is also entitled to EAD and parole if needed.

Cool-Guy

[raju prabhu]

Hi,

Did you get your packet 3 yet?

[kobayashi]

 

[cool-guy]

Guyz,

Thanx for the support and all the information that you have shared through this discussion. By Gods grace I finally did receive P3 for my spouse recently. I will check this thread often to answer your questions. Meanwhile keep up your sprits and your day will come.

Cool-guy

[coolftj]

Hi Cool-guy,

I would really apprecitate if you
could you please post your timelines. You had mentioned
that chennai did not receive notification from INS.

How did u finally manage to get packet 3.

thanks
coolftj

[cool-guy]

Here is my time line

I 824 - receipt may 2001
I 824 - approved aug 2001(this cable not received)
called ins asked them to send cable again
2nd cable sent on dec 2001
case number generated jan 2002

Cool-guy

[coolftj]

Hi cool-guy,

thanks for the your timeline.

mine was approved in 28th Dec 2001, and chennai says they havent
received cable.
When you called INS what did you exactly ask them to do ?
were they nice on the phone ?
which DATE did u exactly call INS again. I can then compare
my timeline too.

thanks

[krisje69]

Hi I want to know if some one can stay legal three months in the USA. After three most what they should do to stay longer in the USA.

[mm_a]

Hello cool-guy AND coolftj,
I am also in the same boat(Wife following to join).Could you please tell me in I824 "Receipt Notice" in the col. BENEFICIARY whose name should be there.In my receipt they have shown my name.
Thanks.

[coolftj]

Hi mm_a,

In the beneficiary column your wife\'s name should appear.
you name appears in the petitioner col.

Did you make a mistake filling out Beneficiary col. in
the 824 form ?!!
try sending them a letter, with all supporting documents
including a copy of the 824 that you filed.

[raju prabhu]

Hello,

in my I824 approval lettter, in beneficiary column my name is there. They didnot receive cable in channai. Is this going to creat any problem?

Thanks

[coolftj]

Hi,

Not sure how you guys filed. maybe your case is different.

1. What are the fields in which your wife\'s name appear ?
2. What appears in item 3 of 824 application ?
3. What appears in 824- receipt beneficiary item ?
4. What appears in 824- approval beneficiary item ?

similary what apperas in "petitioner" fields

also raju, can you give us timelines and details of service center?
my approval also came through, and am waiting for chennai to receive the cable.

[raju prabhu]

when my lawyer filed for I824
she didnot fill my wife\'s information in part 3 of application
instead she attached a typed paper(it say addendum to I824) she gave my wife\'s information there(like name, DOB. address in india)

When i received I824 receipt and approval, in the petitioner section my name is there and also in beneficiary section my name is there. my wife\'s name is nowhere mention on approval notice.

Time Line : I824 approved at VSC Oct 22. Cabled to chennai on Oct 30.
They never received cable. When I spoke to INS last week, officer said wait for few more weeks.

Please advise.

Thanks

[coolftj]

hi raju,

Since you are going through a lawyer she may know the stuff.
I guess the 824 cable is mainly to inform the consulate of
YOUR green card status. i guess it also mentions visa chargeability.

Did you check the AVM of VSC recently ?
In my case it says the appropriate consulate was informed
by cable ,fax or telephone (!!??).

it has been a month and I am playing wait-and-see game.

Have you or your lawyer tried pressuring chennai to accept without
cable ?

thanks

[cool-guy]

It is frustrating to go throught this undocumented procedure. Different people have different opinions. My guess is the beneficiary column in the 824 does not matter. The cable is just a go ahead from ins for the consulate to proceed.

Also the chennai consulate ask for supporting documents for a 824(look in previous threads on which documents to send). My guess is the consulate some how cross verifies the supporting document with the cable.

INS might have sent the cable, since there is no supporting document they are not creating a case number(dont quote me on this one, just a guess). Talk to consulate about the supporting documents they create a case number with just those documents through VISA BADDGER process. This process takes atleast 8 weeks timeframe.

Cool-guy

[mm_a]

raju,
My 824 is exactly same as yours (e.g. My lawyer attached a separate
sheet for spouse details.)and in beneficiary col. my name is printed.
Lawyer said spouse is not beneficiary but she is "Following to Join"

cool-guy:
What is VISA BADDGER process?
Can my wife go directly to consulate in India and give the supporting documents to create the case#?

[raju prabhu]

Did your wife filled Packet3 forms in india and submitted to consulate? OR she send it here in US, for your Lawyer to fill it?

We have to fill just OF230 and OF169 forms right? Do we have to attach any other documents?

My wife is expecting to get packet 3 soon. We are wondering whether she has to send it to US(thus wasting time in mail) for my lawyer to complete.

Thanks

[coolftj]

found this news item long time back:
hope it helps.

----------
NEWS from the Vermont Service Center

The Vermont Service Center has requested we notify members of the following information concerning I-824s:

--------------------------------------------------------------------------------

"Recently we have encountered several issues with the Form I-824\'s being filed at VSC. It appears that communicating these issues to the individuals filing I-824\'s may help to facilitate the processing of the Form I-824\'s filed at VSC. One of the issues that has come up is when option C (notification of an AMCON [consulate] that beneficiary has adjusted status) on the I-824 is being requested. In this scenario, the I-824 is being used to notify the AMCON that an applicant of an I-485 has adjusted status so that their overseas following-to-join family members or derivatives can receive their visas.

One of the problems that we have encountered is that people filing the I-824\'s are not indicating the names and DOB of their derivative beneficiaries on the I-824 or on the accompanying evidence, and we are having to do a lot of time-consuming RFE\'s for this information . INS and the DOS need this information to process the notification to the AMCON. If this information was initially submitted, it would potentially speed up the adjudicative process.

With respect to the above scenario (option C on the I-824), the format for cable notification to the AMCON requires that the priority date of the approved I-485 applicant be entered on the cable format so that the DOS can process the derivatives/following-to-join family members based on the priority date. Although the Form I-824 does not specifically request this information, it would be extremely helpful to the adjudicator to have this information included with the evidence filed with the I-824. Ideally, the information concerning would be in the form of an I-797 approval notice for the underlying IV petition. We can usually get the priority date from the electronic systems, but if the priority date has not been entered into the electronic system, or if the file is at the district, we may end up having to order the file, which slows down the processing of the I-824 and the processing of the visas for the derivatives. "

[cool-guy]

No need to waste time in mail back and forth.
These forms are simple and can be filled without
a lawyer.

In fact you can fill the online version,
take a print out. Alternatly if you have PDF writer
you can save the forms and send in an email to your
spouse. Hope this helps.

Cool-guy

[cool-guy]

This is a process that is documented in the foreign affair manaual. When you submit the supporting documents with the consulate the AMCON request INS to verify the documents submitted. Then when the INs replies to the AMCON request, the consulate will create the case number for your spouse. The chennai consulate tells that it take atleast 10 weeks for this to take place. I did try the other option by asking my spouse to physically visit the consulate with 824 approval. But the consulate service window is open only for US citizens only. Unless you have a written appointment its hard to get into the consulate. Talk to chennai consulate or send mail to them they will get back to you within a weeks time frame. Hope this helps.

Cool-guy

[raju prabhu]

Hi

Can I ask you one more question? sorry for asking you so many questions.

You mentioned in yur earlier posting, you got Packet 3 after INS resend cable(since first cable never reached). Did you call INS and request to resend cable? How long it took them to resend cable?

I talked to INS today, they said they have to get file from their storage facility(which is not in vermont). it take 4 weeks to get file and then they are going to resend cable. They asked me to call back after 6 weeks.

Did this happens to you too?

Thanks for all your help.

[cool-guy]

That was the time frame that was mentioned to me. Usually at INS when a petition is approved, they move the files to an off site storage location. If you need to take the file from storage the adjucator has to send a notice to the facility. Then the off site storage will deliver the file to the adjucator, this takes atleast 2-4 weeks. Once the file reaches the adjucator its a matter of days to send the cable. So call the INS answering system and check the voice message regularly. The message changed for me once the second cable has been sent. Hope this answers your questions.

[hswami]

What if the spouse is in the US on an H-1B? My wife has applied for her I-485 and has her receipt and it is pending approval. Can I apply for adjustment of status? Is there any way I can work through some kind of temporary work authorization or something?

[cool-guy]

Dude, you are in good position now. Start you can file for you 485 right now based on her 485 receipt. Once you get your 485 receipt you can apply for EAD. You can even start your company or do free lancing.

Cool-guy

[coolftj]

Hi cool-guy,

can you please tell the exact dates for:

1. the day you requested INS to send 2nd cable in Dec 2001 ?
2. the day, the AVM message changed
3. The day consulate created pack 3 ?

thanks

[Grams]

My I485 is approved today.
I am going fo r stamping tomorrow.
I applied for I824 as well with I485 filing in CSC.
Now my husband is in India.How to proceed wih I824 process...
Please advice..
I posted this earlier

[Raza]

I am a US citizen and I wish to bring my parents to US on immigrant visa. They are both over 70 years old and they do not have a marriage certificate and my birth certificate only lists my father. I understand that I have to get two family members or family friends to certify that indeed my parents are married to each other and that I am their son.
Can you please send me a rough text of what should be the content of that affidavit? Also does it matter if the family friend was not present at the wedding? It will be impossible to find anyone that old who was present at the wedding.

[hxs_bd]

The I-824 application that was approved by the INS was a request by you(i.e. the Principal Applicant) to have the Consulate in your home country notified of your I-485 approval so that your wife can schedule an appointment at the consulate to have an immigrant
interview as the \'following-to-join\' spouse of you (i.e. the Principal Applicant). The I-824 approval notice does NOT have your wife\'s name on the approval because it is just notification to the consulate that the Principal Applicant’s adjustment was approved,
so that your wife can now be scheduled for an immigrant interview. Under INS regulations, so long as the spouse has proof of the marriage and proof of the approval of your permanent resident status, she is eligible to have an immigrant interview as the following-to-join spouse of you. As per INS regulation, upon approval of I-824 Consular Notification, your wife need to contact the Consulate with her credentials including the marriage certificate. Remember, she will be eligible for an immigrant visa only if you got married BEFORE your I-485 was approved and your PR status is based on an employment based petition.

Good luck!

[mikeco]

My daughter is still in my home county, 3 years old.

I got the packet 3 sent to her.
Seems that the forms like DS230I needs to be filled by my daughter,
Do I need to submit any extra form if I take care of her forms?

Another question, since she is so young, does she really need the medical exam and go to the interview?

Thank you for any suggestions.
-mike

[coolftj]

Cool guy and others,

in futher development in your cases ?

thanks

[cool-guy]

There has not been any significant progress in my case yet. I have submitted packet 3 in last week of jaunary. The consulate at chennai confirmed that they received the packet 3. Also I requested for a march interview date which they declined. I have been suggested to expect interview date in April. I will let you guys know of the progress.

cool-guy

[raju prabhu]

My wife received packet 3 today.

They sent OF 230Part I. I thought we are going to get DS-230.

Do I have to send any other documents with packet 3? like i824 original approval notice.

we also received I134(affidavit of support). Do I have to send it now.

Do I have to send cover letter. I really appreciate if you can send me draft.
you can write to me at york90@aol.com

Any help is greatly appreciated.

Thanks

[FTJ_Q]

Hi All: I recently got my GC approved, and need to file follow-to-join for the spouse in India. One of my friends referred me this amazing forum. I appreciate your answers for the following questions:

1) Do I need lawyer to start FTJ process?
2) Can you give me the steps involved sequentially?
3) I have been informed that I need to start the process with I-824. I downloaded the form from INS web site. I did not see spouse specific questionnaire anywhere. I am not sure how are they going to create the case?

Thank you.

[hxs_bd]

http://www.ins.usdoj.gov/graphics/howdoi/Appproc.htm#Whereto

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

[newboy]

cool-guy, coolftj, hxs_bd and other regular viewers:
Thank you in advance for all the fantastic messages you guys posted here for FTJ. I hate immigration law here in US but have to go through it. Your guys\