marriage

shrix00 · Aug 5, 2006

I just got married last June of this year then i passed the local board in P.I. My problem is that my husband don't have a tourist visa to the US. Though I have mine, i'm planning to take NCLEX in the US. If i'll be lucky enough to pass the NCLEX, and find an employer who will be willing to petition me. How would i petition my husband since he's in the Philippines. Also, what is AOS? I'm just new here. If someone can help me, kindly update me, please. By the way, do i have to exit US once an employer petitioned me or i'll just wait for my petition in the US, how about my husband? Thanks

rolaurcalz17 · Aug 7, 2006

Hi! Just want to share my case regarding marriage. I got married after my petition was filed but before my petition was approved. After my petition was approved, my lawyer just wrote NVC that I am now married and a visa fee bill was sent by NVC for my husband. We will be sending back our packet 3 together. So I suggest you get married before filing your packet 3 at the NVC

You said it right, because me I got married soon before my packet 3 arrived. the law firm did nothing to my husband's papers though I told them that I just got married and I wanna include my husband to the petition. All I did was just I included him in the packet 3, and when my packet 4 arrived, my husband is already included in it. So we two proceeded to St Lukes Hosp for medical exam, and to the US Embassy for the interview on our appointment date. We paid for the visa fee on the day of the interview.

To make the story short, I came here to the US with my husband.

shrix00 · Aug 7, 2006

You said it right, because me I got married soon before my packet 3 arrived. the law firm did nothing to my husband's papers though I told them that I just got married and I wanna include my husband to the petition. All I did was just I included him in the packet 3, and when my packet 4 arrived, my husband is already included in it. So we two proceeded to St Lukes Hosp for medical exam, and to the US Embassy for the interview on our appointment date. We paid for the visa fee on the day of the interview.
To make the story short, I came here to the US with my husband.

But you and you're husband are both in the Philippines, right? what if the other one is in the US and the other one is here (Phils)? Also, where did you get an employer, is it in PI or in US? Did you go through an agency?

rolaurcalz17 · Aug 8, 2006

But you and you're husband are both in the Philippines, right? what if the other one is in the US and the other one is here (Phils)? Also, where did you get an employer, is it in PI or in US? Did you go through an agency?

Yes, we're both there in the Phils during those times. Well, maybe upon having an employer here that will petition you after you passed the NCLEX and after you had your green card, you could already start filing a petition for your husband.

I went through an agency but there are some not so nice things that happened.

wabnk · Aug 14, 2006

hi

i had a question about "customary marriage" i'm kenya and in my country we still practice traditional marriages and they're considered valid. my question is if one can provide proof for this type of marriage would the immigration consider it valid.

spacegurl · Aug 15, 2006

http://uscis.gov/graphics/howdoi/appproc.htm

Following-to-Join Benefits for Spouses

If you were married before you became a lawful permanent resident, and your spouse did not physically accompany you to the U.S., your spouse may be eligible for following-to-join benefits. This means that you do not have to submit a separate Form I-130, Petition for Alien Relative, for your spouse, and your spouse will not have to wait any extra time for a visa number to become available. In this case, you may simply notify a U.S. Consulate that you are a lawful permanent resident so that your spouse can apply for an immigrant visa. Your spouse may be eligible for following-to-join benefits if your relationship still exists and if one of the following is applicable:

You received a diversity immigrant visa

You received an employment-based immigrant visa

You received an immigrant visa based on your relationship to your U.S. citizen sibling

You received an immigrant visa based on your relationship to your U.S. citizen parent when you were already married

(For information on following-to-join benefits for children of lawful permanent residents, please see Petitioning Procedures: Bringing a Child to Live in the United States.)

If you fall into one of these categories, please submit the following information to the U. S. Citizenship and Immigration Services:

Form I-824, Application for Action on an Approved Application or Petition

A copy of the original application or petition that was used to apply for your immigrant status

A copy of the I-797, Notice of Action, for your original application or petition

A copy of your alien registration receipt card or I-551

If the I-824 is approved, the USCIS will notify a U.S. consulate that you are a lawful permanent resident so that your spouse can apply for a following-to-join immigrant visa. Your spouse must then contact the local U.S. consulate to complete the processing.

You should file the I-824 at the USCIS office that took the most recent action on your case

shrix00 · Aug 16, 2006

http://uscis.gov/graphics/howdoi/appproc.htm
Following-to-Join Benefits for Spouses
If you were married before you became a lawful permanent resident, and your spouse did not physically accompany you to the U.S., your spouse may be eligible for following-to-join benefits. This means that you do not have to submit a separate Form I-130, Petition for Alien Relative, for your spouse, and your spouse will not have to wait any extra time for a visa number to become available. In this case, you may simply notify a U.S. Consulate that you are a lawful permanent resident so that your spouse can apply for an immigrant visa. Your spouse may be eligible for following-to-join benefits if your relationship still exists and if one of the following is applicable:
You received a diversity immigrant visa
You received an employment-based immigrant visa
You received an immigrant visa based on your relationship to your U.S. citizen sibling
You received an immigrant visa based on your relationship to your U.S. citizen parent when you were already married
(For information on following-to-join benefits for children of lawful permanent residents, please see Petitioning Procedures: Bringing a Child to Live in the United States.)
If you fall into one of these categories, please submit the following information to the U. S. Citizenship and Immigration Services:
Form I-824, Application for Action on an Approved Application or Petition
A copy of the original application or petition that was used to apply for your immigrant status
A copy of the I-797, Notice of Action, for your original application or petition
A copy of your alien registration receipt card or I-551
If the I-824 is approved, the USCIS will notify a U.S. consulate that you are a lawful permanent resident so that your spouse can apply for a following-to-join immigrant visa. Your spouse must then contact the local U.S. consulate to complete the processing.
You should file the I-824 at the USCIS office that took the most recent action on your case

Thanks for the information. But do you have an idea how long will it take? So, it could also work eventhough your spouse doesn't have a visa to the US or anything? I've read from page 1 that it would take 2 years to get your spouse if you got married after going to the US. But what if you got married before going to the US? Because with the AOS route, according to some,you and your spouse should be together in the US to do this. But for the following-to-join benefits... Does it require the spouse to be with you in the US? Thanks again

FutureUSRN · Aug 16, 2006

Once you Adjustment is approved, all your "following-to-join" dependents are automatically approved. If visa numbers are available, they can go to the US immediately.

You will only have a problem if there is retrogression and your AOS is filed before retrogression. They cannot follow until the visa bulletin for your category becomes "current".

philRN2006 · Nov 21, 2006

Hi does anybody know what will happen if my wife got pregnant when our DS-230 is already submitted? We will want to have our baby with us when we immigrate. thank you.

Silverdragon102, BSN · Nov 21, 2006

no problems the baby is just added once he/she is born

philRN2006 · Nov 22, 2006

When you say the baby is just added once born, does it mean that we have to wait before the baby is born to submit his/her DS-230?? Or does it mean that the baby might not be able to migrate with at the same time we receive our visas??? I would like to know if having a baby while processing can cause a delay in time? How bout if we like to immigrate as a family? with the baby of course. tHANKS

Silverdragon102, BSN · Nov 22, 2006

When you say the baby is just added once born, does it mean that we have to wait before the baby is born to submit his/her DS-230?? Or does it mean that the baby might not be able to migrate with at the same time we receive our visas??? I would like to know if having a baby while processing can cause a delay in time? How bout if we like to immigrate as a family? with the baby of course. tHANKS

If the baby is born before you move to the states then they are added and move when you move. If the baby is born in the US it will be a citizen and doesn't require any change in status