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Need Advice... FTJ/Accompanying

December 7 2006 at 3:44 AM
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  (Login kalel_unico)

-
hi,

need your advice badly...

my wife got her immigrant visa thru consular processing(employment based-nurse, i140). we got married june 7 and she left the philippines june 10. the start of here residency is june 10, the day she arived in the US, written on her green card. she did not do i485 because of the consular processing of her i140.

our i824-Follow to Join was denied, reason for it, USCIS needs i485 approval to process i824.

USCIS told my wife that we should have got married before my wife received her Immigrant Visa, not before she left the Philipines or not before her admission to the US.

In the Foreign Affairs Manual, it says that for FTJ or Accompanying beneficiary, the marriage should have happend BEFORE the "admission" of the pricipal applicant to the US, not before the issuance of the immigrant visa.

we have already submitted papers in the US Embassy Manila for FTJ, but no reply yet.

my questions are:
a.) any advice?
b.) am i eligible/beneficiary for follow to join or accompanying spouse?

Foreign Affairs Manual-FAM: It says i am eligible for FTJ or as Accompanying Spouse.
1.) 9 FAM 40.1 N7 BASIS FOR "FOLLOWING TO JOIN" 2.) 9 FAM 40.1 N7.2 Spouse or Child Acquired Prior to Admission of Principal Alien 3.) 9 FAM 42.53 N6 DERIVATIVELY ACQUIRED PRIORITY DATES FOR SPOUSE/CHILD 4.) 9 FAM 42.53 N6.1 Spouse/Child Acquired Prior to Principal’s Admission 5.) 9 FAM 42.53 PN1 DETERMINING DERIVATIVE STATUS

God Bless...

judex

 
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AuthorReply

(Login immigrateusa)
Forum Owner

Following to Join

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January 30 2007, 12:23 PM 

Because of the timing of your marriage, you face a real uphill battle in receiving Following to Join status. If the Embassy is not convinced that your marriage is a real marriage, your request will be denied.

You may find it helpful to speak to an immigration attorney who can then intervene with the Embassy and present your case in the best light possible.

If you’d like me to further review your case, your wife can call my office at (617) 889-0215 to schedule a consultation. You can also reach me by e-mail at E.Weiner@immigration-aux-usa.com

Edward Weiner
Attorney at Law

E-mail: E.Weiner@immigration-aux-usa.com
Internet Site: http://www.immigration-aux-usa.com/

 
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