F41 Choosing Follow To Join

[Jamshaid 0]

Good morning,

I have a question related to FOLLOW TO JOIN.

I have sponsored my sibling and his family members. Initially they all wanted to migrate together so DS-260 and fees were paid for everyone. Currently waiting for CEAC to arrange interview at Islamabad Consulate as per last email from CEAC everyone is DOCUMENTARILY QUALIFIED.

 

Now derivative family members wanted to stay back for a while longer and we are thinking about FOLLOW TO JOIN option for them.

 

Would it be advisable to just change derivative family members status to FOLLOW TO JOIN from ACCOMPANYING at CEAC.

OR

It be better to wait until case is at Islamabad Consulate and then communicate these changes with Consulate directly?

 

I have read online help and try to get more info about it. Seems pretty simple process. But everyone I have talked with is advising NOT to choose FOLLOW TO JOIN at this stage and continue with case as family.

 

Really appreciate your help and advice.

Cheers,

 

[SalishSea 17,937]

21 hours ago, Jamshaid said:

Good morning,

I have a question related to FOLLOW TO JOIN.

I have sponsored my sibling and his family members. Initially they all wanted to migrate together so DS-260 and fees were paid for everyone. Currently waiting for CEAC to arrange interview at Islamabad Consulate as per last email from CEAC everyone is DOCUMENTARILY QUALIFIED.

 

Now derivative family members wanted to stay back for a while longer and we are thinking about FOLLOW TO JOIN option for them.

 

Would it be advisable to just change derivative family members status to FOLLOW TO JOIN from ACCOMPANYING at CEAC.

OR

It be better to wait until case is at Islamabad Consulate and then communicate these changes with Consulate directly?

 

I have read online help and try to get more info about it. Seems pretty simple process. But everyone I have talked with is advising NOT to choose FOLLOW TO JOIN at this stage and continue with case as family.

 

Really appreciate your help and advice.

Cheers,

 

When did you file for them?  I don't believe that option is available in this situation, as that is a numerically limited visa class.

[SusieQQQ 11,587]

52 minutes ago, Jorgedig said:

When did you file for them?  I don't believe that option is available in this situation, as that is a numerically limited visa class.

Follow to join takes the priority date of the original petition, however as the category is currently banned anyway so no-one is going to get a visa before next year. It’s not entirely clear what all the factors going into this decision are - if it was more clear then it might be more understandable why “everyone” is advising not to do it. It does of course add another layer of costs as i824 needs to be filed for each FTJ derivative (currently $465, set to rise to $495 whenever it finally gets approved). Not sure if any of the already-paid fees will need to be paid again, DS260 will need to be refiled after one year. 
 

One thing that might be important to note however is the effect of anyone aging out, I am assuming there are children involved from the description in the OP. If any of those children need CSPA protection that will be a problem - CSPA only works if a visa is pursued within a year of it being available. So if all the kids are and will be under 21, no issue, but it could be for older kids.

 

As to how to do it, it is clearly specified on the website https://travel.state.gov/content/travel/en/us-visas/immigrate/the-immigrant-visa-process/step-1-submit-a-petition/step-2-begin-nvc-processing/ceac-faqs.html#ceac14

 

How do I change a derivative family member’s status to “follow-to-join”?

If the case is at the National Visa Center, you can make this change in CEAC. On the case summary page’s status chart, there is a list of visa applicants under “Applicant Information.” To change the traveling status of a derivative family member to follow-to-join, click on the drop-down box in the “Status” column. Select “Follow-to-join.” Alternately, if your family member decides to travel with you to the United States, you can select “Accompanying.”

Once you make this change, the applicant’s status will read “Under Review.” It will take approximately one hour before the change to “Follow-to-join” or “Accompanying” shows in CEAC’s status chart.

If your case has already been scheduled for a visa interview and your family member decides to change his/her traveling status, please contact the U.S. Embassy right away.

 

 

Edited October 23, 2020 by SusieQQQ

[Jamshaid 0]

 

2 hours ago, SusieQQQ said:

Follow to join takes the priority date of the original petition, however as the category is currently banned anyway so no-one is going to get a visa before next year. It’s not entirely clear what all the factors going into this decision are - if it was more clear then it might be more understandable why “everyone” is advising not to do it. It does of course add another layer of costs as i824 needs to be filed for each FTJ derivative (currently $465, set to rise to $495 whenever it finally gets approved). Not sure if any of the already-paid fees will need to be paid again, DS260 will need to be refiled after one year. 
 

One thing that might be important to note however is the effect of anyone aging out, I am assuming there are children involved from the description in the OP. If any of those children need CSPA protection that will be a problem - CSPA only works if a visa is pursued within a year of it being available. So if all the kids are and will be under 21, no issue, but it could be for older kids.

 

As to how to do it, it is clearly specified on the website https://travel.state.gov/content/travel/en/us-visas/immigrate/the-immigrant-visa-process/step-1-submit-a-petition/step-2-begin-nvc-processing/ceac-faqs.html#ceac14

 

How do I change a derivative family member’s status to “follow-to-join”?

If the case is at the National Visa Center, you can make this change in CEAC. On the case summary page’s status chart, there is a list of visa applicants under “Applicant Information.” To change the traveling status of a derivative family member to follow-to-join, click on the drop-down box in the “Status” column. Select “Follow-to-join.” Alternately, if your family member decides to travel with you to the United States, you can select “Accompanying.”

Once you make this change, the applicant’s status will read “Under Review.” It will take approximately one hour before the change to “Follow-to-join” or “Accompanying” shows in CEAC’s status chart.

If your case has already been scheduled for a visa interview and your family member decides to change his/her traveling status, please contact the U.S. Embassy right away.

 

 

Thank you for taking time and replying to my question. 

 

Yes that seems to be true, the F4 Cases are on halt until next year.

Our case Priority Date is OCT 2006.

 

What I have understood regarding "not to choose FOLLOW TO JOIN now" mainly there are two reasons. 

ONE - Lack of knowledge / experience. In this category - consultants are not sure if FOLLOW TO JOIN is workable with F41 category or not? and also not sure how to proceed if chosen FOLLOW TO JOIN at this stage (as you mentioned - additional i824 fee and possible re-submitted DS260 fees for each derivative family members).

THIS PART IS NO CLEAR TO ANYONE I HAVE TALKED WITH SO FAR. BUT AT CEAC ONLINE, FOLLOW TO JOIN OPTION IS STILL AVAILABLE. That seems to me that this option is still available for this stage of the case. 

 

SECOND - most opinions are based on this fear theory, "Just don't change anything once all is approved." Changes at this stage might arose some unwanted concerns for your case, and probably delays. When I consulate with one of US based Immigration Lawyer- she told me, "All documentation is as family, just attend visa interview as family - do everything from now on as a family." 
 

WOULD YOU BE AGREE WITH ABOVE OPINIONS?

The last thing anyone wants an unwanted delay in case, and consultants are in so much fear that anything changed once CEAC - MARKED A CASE AS DOCUMENTARILY QUALIFIED is no way advisable. ??

 

Further note, aging out is no issue as all children are well underage right now and family is planning to FOLLOW TO JOIN within next 2 years after Principal Applicant migrated.

 

Is i824 fee based on per case or per derivative member?  

Considering we really want to go with FOLLOW TO JON with understanding that we might have to pay additional / repay fee for i824 and/or DS260. Would you advise to change status at CEAC right now or should we wait until case moved to US Consulate?

 

Please advise. 

[SusieQQQ 11,587]

I824 fee is per person, as are all the other fees involved.

 

re your last paragraph, I don’t understand why you are asking that question, the paragraph i quoted you - directly from Department of state - was very clear about how to do it depending which stage you are at and it is clear that it becomes more complicated to do once the case is at the consulate.

 

I don’t know who all these “consultants” are so I can’t comment on their views, other than that if they “are not sure” if it can be done with F4 then they are clearly not very knowledgeable “consultants”.  I tend to agree that once a case is authorized, especially something like this, to not complicate it further. If it is just a case of a couple of years before the rest of the family wants to come over, my suggestion would actually be for everyone to go ahead with the visas and enter the US, then the family members who don’t want to move immediately can file a re-entry permit, which will allow them to then return home and stay out of the US for up to 2 years without losing their green cards. Processes for re-entry permit application are somewhat delayed right now after Covid shutdowns but will probably be back to normal by the time you guys get visas - it will usually require the family members concerned to be in the US a few weeks. The REP fee is $575 per person (plus bio fees for over-14s) but that is all the fee, it is much more straightforward than FTJ, and most importantly your family will have their green cards. Bear in mind it is likely to still be many months before you will interview for the green cards, your priority date is not quite current yet and once embassies reopen for currently banned visas there will be a backlog of probably around 9 months’ worth of interviews in front of you from first the Covid-related embassy closures and then the immigrant visa bans.  I’d be surprised if you interview before around this time next year.
 

 

Edited October 23, 2020 by SusieQQQ

[Jamshaid 0]

Thank you for quick response. Really appreciated your insight and clarification. 

Re-entry permit option seems to be an alternate to FTJ considering our current situation there is no complication with reentry permit process.   

[Jamshaid 0]

Good Morning,

Hope are is well at your side!

OK here is the update.

Due to recent COVID-19 situation beneficiary family have decided to go with FTJ for derivative family members. The main reason is that all accompanying children are below 10 and they do not want to move them until this pandemic got under control.

While case is still at NVC; case priority date is current now. So, they update the status at CEAC from Accompanying to Follow to join for derivative family members.

Now my questions is about AOS. Do Sponsor needs to submit new AOS or old one still holds?

Please advise.

Regards,

 

ps. I have attached the file showing current and previous status on CEAC.

 

[Jamshaid 0]

On 1/25/2021 at 10:34 AM, Jamshaid said:

Good Morning,

Hope are is well at your side!

OK here is the update.

Due to recent COVID-19 situation beneficiary family have decided to go with FTJ for derivative family members. The main reason is that all accompanying children are below 10 and they do not want to move them until this pandemic got under control.

While case is still at NVC; case priority date is current now. So, they update the status at CEAC from Accompanying to Follow to join for derivative family members.

Now my questions is about AOS. Do Sponsor needs to submit new AOS or old one still holds?

Please advise.

Regards,

 

ps. I have attached the file showing current and previous status on CEAC.

 

 

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