Jjbb77
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Follow to join but stuck (split)
Jjbb77 replied to Baral's topic in Bringing Family Members of Permanent Residents to America
Sorry. Been bit busy with employment here. I have replied to your message. Please check inbox -
I was able to schedule an appointment with the embassy by mailing them. They meticulously studied my documents (marriage records from court, marriage photos; around 200, and old chat logs, honeymoon flight tickets etc). They gave me a visa after a few questions. The whole process was so professional and systematic. I give a thumbs up to the US immigration system. And this community has been my biggest guide. Without this community I would have had a fairly difficult time. Thanks to all the responders. My wife was waiting for me and seeing my wife so happy as I stepped outside JFK on the American side was one of the best moments of my life. if you were married after your spouse got an E category visa and you need any guidance then please do not hesitate to reach out to me and/or this community. - Lots of love from these United States of America, New York.
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Sorry about that. I’m new here. I saw some text about “self deleted“ in the post immediately preceding my last post on the previous thread and thought the thread had been blocked. Can the embassy really do that? Don’t they have to follow directives from their umbrella body (state department) especially if the directive is unclassified and can be accessed by anyone? But you do think That I would be eligible for follow to join?
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Hii I am in a bit of a situation here. Please advise. My timeline is as follows: - My wife (just dating at that time) gets employment immigrant visa eb3 in March 2022. Her passport is stamped with visa sticker. Her Visa says “single” - We get married on June 2022 (my wife has not yet travelled to the US hence she is not LPR yet) which means our marriage exists prior to admission in the US. - My wife will travel mid August 2022 to the US and be confirmed as LPR upon entry. My question. Am i eligible for Follow to join benefit as a derivative? One lawyer has told me that I must be married prior to approval of Visa. I don’t agree. The state department website clearly says that marriage should exist prior to admission into the US. this is from the state department website which I was able to find with the help of a kind soul on this forum. Based on this rule shouldn’t I be eligible for follow to join? 9 FAM 502.1-1(C)(2) Derivative Applicants/Beneficiaries (2) Following-to-Join: … (b) Spouse or Child Acquired Prior to Admission of Principal Applicant: A spouse or child acquired prior to a principal applicant’s admission to the United States is entitled to derivative status and the priority date of the principal applicant, regardless of the period of time which may elapse between the issuance of a visa to or admission into the United States of the principal applicant and the issuance of a visa to the spouse or child of such applicant and regardless of whether the spouse or child had been named in the IV application of the principal applicant…. I wouldn’t care about filing i130 either but I’ve heard that it takes long time to approve and the thought of my wife working long shifts tirelessly and coming back to an empty home is really starting to haunt me 😥😥😓😓 I’d appreciate any input on my situation. Thanks
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Update: got email from embassy saying DS260 cannot be edited since her visa already says “single”. Can I apply for follow to join benefit though ? The state department website says marriage must exist PRIOR to admission to the US. She still has not gone to US and we married 2 months ago so as per my reckoning of the law I am eligible for follow to join benefit. If I write too many mails to the embassy, will they get irritated and advise me with wrong information such as “no you’re not eligible for follow to join (FTJ)”? Regulations and legislation on FTJ says that even if spouse has not been named in the application the principal applicant can request FTJ. please advise
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She was told by a third party that the embassy unlocks the DS260 and she can add my name later which is why she did not ask the interviewing officer. We have been mailing the embassy for 2 months now to unlock the DS 260. Why are they not replying? Is it because that’s not the process? Have we missed something by accident?
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Thank you for your response That’s the page it opens as soon as she logs in. That’s the home page. I think because the case is closed it shows that way. I’m dealing with embassy at Kathmandu. How can I get hold of a Visa Applicant Center for the specific country? I wasn’t aware there are specific centers. How do I get in touch with them?
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Would I be eligible for form i-824? I saw this on a website though “i-824 should not be filed if Requesting follow-to-join benefits for your children and/or spouse and your case is one of the following: Were given refugee status after being admitted to the United States or were given status in the U.S. as an asylee Issued an immigrant visa at either a United States Embassy or U.S. Consulate via consular processing and were admitted to the U.S. on an immigrant visa as a lawful permanent resident Were granted lawful permanent resident status via a T or U visa
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Thank you for your response. Yes we got married after DS260 was submitted. Her DS 260 is locked and we have requested the embassy to unlock it but they have not responded. I’m sad that we might have to opt for option 2. How long does option 2 take? I would try the follow to join option but the DS260 is locked and all options are greyed out. It doesn’t let us edit anything. We are trying to get it unlocked prior to her departure. surely US immigration has a way out for cases like mine. 😆
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My wife was single when she got EB3 visa. She and I are both still in home country and she is traveling to US next week which means she is not PR yet. She becomes PR upon endorsement of her visa (which I understand happens at port of entry upon arrival to US). Her DS260 is locked and we have not added my details as family member. We have mailed Embasy but no response for 2 months. What should we do? Please advise. I have been told my process will be faster if she files for derivative beneficiary prior to leaving home country. How can we do that. We are worried we’ll have to live apart for a long time.