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Follow to Join --- Ingo Please help

Follow to Join --- Ingo Please help

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Old Jun 28th 2003, 3:32 pm
  #1  
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Default Follow to Join --- Ingo Please help

Hi All ,


My I-485 is about to approved and I am planning to get married. I am planning to bring her on H4 and add her in my GC. What happens if my GC is approved before adding her in my GC and GC is approved after my marraige date . Is it possible to do a
"Follow to Join" and starts the consular processing in the local consulate. I am an Indian National and marrying to a Romanian National.

Thanks
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Old Jun 30th 2003, 4:46 pm
  #2  
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any suggestions ?

Thanks
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Old Jun 30th 2003, 5:19 pm
  #3  
Sylvia Ottemoeller
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Default Re: Follow to Join --- Ingo Please help

"biran" wrote in message
news:[email protected]...

    > My I-485 is about to approved and I am planning to get married. I am
    > planning to bring her on H4 and add her in my GC. What happens if my GC
    > is approved before adding her in my GC and GC is approved after my
    > marraige date .

Your wife must then immigrate in a different category, Family 2A, spouse of
a U.S. permanent resident, and it will take six years or more before she
obtains permanent resident status. In the meantime, there is no status
which will allow her to stay with you in the U.S. legally, other than
statuses for which she qualifies on her own, like H-1B. If she only
qualifies for something like F-1, it may be hard for her to get that status
because it requires temporary intent.

Is it possible to do a
    > "Follow to Join" and starts the consular processing in the local
    > consulate. I am an Indian National and marrying to a Romanian National.

No. The moment the I-485 is approved, if you are not already married, the
possibility of "follow to join" based on your current immigration procedure
is gone forever.

If I were you, I would get on the plane tomorrow. You are taking a big
gamble with your life by delaying the marriage by even one day.
 
Old Jun 30th 2003, 5:59 pm
  #4  
Howling at the Moon
 
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Joined: Oct 2002
Location: Incline Village, NV
Posts: 3,742
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Default Re: Follow to Join --- Ingo Please help

Originally posted by Sylvia Ottemoeller
"biran" wrote in message
news:[email protected]...

    > My I-485 is about to approved and I am planning to get married. I am
    > planning to bring her on H4 and add her in my GC. What happens if my GC
    > is approved before adding her in my GC and GC is approved after my
    > marraige date .

Your wife must then immigrate in a different category, Family 2A, spouse of
a U.S. permanent resident, and it will take six years or more before she
obtains permanent resident status. In the meantime, there is no status
which will allow her to stay with you in the U.S. legally, other than
statuses for which she qualifies on her own, like H-1B. If she only
qualifies for something like F-1, it may be hard for her to get that status
because it requires temporary intent.

Is it possible to do a
    > "Follow to Join" and starts the consular processing in the local
    > consulate. I am an Indian National and marrying to a Romanian National.

No. The moment the I-485 is approved, if you are not already married, the
possibility of "follow to join" based on your current immigration procedure
is gone forever.

If I were you, I would get on the plane tomorrow. You are taking a big
gamble with your life by delaying the marriage by even one day.
I thought he asked if she could benefit from "following to join" benefits if at the time of I-485 approval he was married to his GF BUT had not yet notified BCIS of this.

As long as he is married by the time his GC is approved I would have thought that she could benefit from "following to join" benefots by having them notify the Consulate of his status so that she could apply for and be issued the visa?

Too right about jumping on that plane though - if it was me I'd be gone already....!
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Old Jun 30th 2003, 8:54 pm
  #5  
Sylvia Ottemoeller
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Default Re: Follow to Join --- Ingo Please help

"lairdside" wrote in message
news:[email protected]...

    > Originally posted by Sylvia Ottemoeller

    > > "biran" wrote in message
    > > news:[email protected]"]news:851091.105681434-
    > > [email protected][/url]...

    > > > My I-485 is about to approved and I am planning to get married. I am
    > > > planning to bring her on H4 and add her in my GC. What happens if my
GC
    > > > is approved before adding her in my GC and GC is approved after my
    > > > marraige date .

    > > Your wife must then immigrate in a different category, Family 2A, spouse
of
    > > a U.S. permanent resident, and it will take six years or more before she
    > > obtains permanent resident status. In the meantime, there is no status
    > > which will allow her to stay with you in the U.S. legally, other than
    > > statuses for which she qualifies on her own, like H-1B. If she only
    > > qualifies for something like F-1, it may be hard for her to get that
status
    > > because it requires temporary intent.

    > > Is it possible to do a
    > > > "Follow to Join" and starts the consular processing in the local
    > > > consulate. I am an Indian National and marrying to a Romanian
National.

    > > No. The moment the I-485 is approved, if you are not already married,
the
    > > possibility of "follow to join" based on your current immigration
procedure
    > > is gone forever.
    > >
    > > If I were you, I would get on the plane tomorrow. You are taking a big
    > > gamble with your life by delaying the marriage by even one day.

    > I thought he asked if she could benefit from "following to join"
    > benefits if at the time of I-485 approval he was married to his GF BUT
    > had not yet notified BCIS of this.

You are right. That is exactly what he asked. I was so concerned by the
risk of the situation that I overlooked it.

I don't think perhaps that he realizes that BCIS will approve the I-485
without fanfare, and he may not find out for days. It could be happening at
this moment.

    > As long as he is married by the time his GC is approved I would have
    > thought that she could benefit from "following to join" benefots by
    > having them notify the Consulate of his status so that she could apply
    > for and be issued the visa?

Yes.

    > Too right about jumping on that plane though - if it was me I'd be gone
    > already....!
 
Old Jul 7th 2003, 5:56 pm
  #6  
Howling at the Moon
 
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Joined: Oct 2002
Location: Incline Village, NV
Posts: 3,742
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Default Re: Follow to Join --- Ingo Please help

Originally posted by Sylvia Ottemoeller
"lairdside" wrote in message
news:[email protected]...

    > Originally posted by Sylvia Ottemoeller

    > > "biran" wrote in message
    > > news:[email protected]"]news:851091.105681434-
    > > [email protected][/url]...

    > > > My I-485 is about to approved and I am planning to get married. I am
    > > > planning to bring her on H4 and add her in my GC. What happens if my
GC
    > > > is approved before adding her in my GC and GC is approved after my
    > > > marraige date .

    > > Your wife must then immigrate in a different category, Family 2A, spouse
of
    > > a U.S. permanent resident, and it will take six years or more before she
    > > obtains permanent resident status. In the meantime, there is no status
    > > which will allow her to stay with you in the U.S. legally, other than
    > > statuses for which she qualifies on her own, like H-1B. If she only
    > > qualifies for something like F-1, it may be hard for her to get that
status
    > > because it requires temporary intent.

    > > Is it possible to do a
    > > > "Follow to Join" and starts the consular processing in the local
    > > > consulate. I am an Indian National and marrying to a Romanian
National.

    > > No. The moment the I-485 is approved, if you are not already married,
the
    > > possibility of "follow to join" based on your current immigration
procedure
    > > is gone forever.
    > >
    > > If I were you, I would get on the plane tomorrow. You are taking a big
    > > gamble with your life by delaying the marriage by even one day.

    > I thought he asked if she could benefit from "following to join"
    > benefits if at the time of I-485 approval he was married to his GF BUT
    > had not yet notified BCIS of this.

You are right. That is exactly what he asked. I was so concerned by the
risk of the situation that I overlooked it.

I don't think perhaps that he realizes that BCIS will approve the I-485
without fanfare, and he may not find out for days. It could be happening at
this moment.

    > As long as he is married by the time his GC is approved I would have
    > thought that she could benefit from "following to join" benefots by
    > having them notify the Consulate of his status so that she could apply
    > for and be issued the visa?

Yes.

    > Too right about jumping on that plane though - if it was me I'd be gone
    > already....!
If he was outside of the US it would be easier as the visa issuance date and the admission date are not the same, as long as he married his gf before his admission date she would be eligible to either accompany or follow to join I believe.

As he is in the US his approval date will be his admission date and as you rightly pointed out he may not even know of it's occurrence until sometime after it has happened.
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