Published May 5, 2008
john83, BSN, RN
479 Posts
http://www.immihelp.com/greencard/familybasedimmigration/following-to-join-benefits.html
http://www.millermayer.com/resources/general25cont.htm
http://manila.usembassy.gov/wwwh3226.html
From the websites that I've read above, I still can't fully understand the follow-to-join/following to join procedure.
suzanne4, RN
26,410 Posts
Can you be specific as to what you do not understand? Unless you are married or have a parent that is already a green card holder, this does not apply to you.
There are just different procedures that are followed if the person was not on the original visa petition, nothing more than that.
Sorry for the unclear post. I started this thread, not only for myself(maybe perhaps in the future, I might be able to use this) but for others too.
Anyway, here are some questions to start the ball rolling:
1) What is the difference when you put your derivative on the follow later versus accompany now on the DS-230 form?
2) If one is written on the follow later, can one automatically apply and be given a visa anytime? Can interviews be scheduled anytime?
3) It was mentioned that follow later derivatives use the PD of the primary applicant, if so, in what type of preference category will they be in?
4) Is there a waiting time? How long?
5) How is the process different when one goes for follow to join instead of accompany? What are the different requirements? What are the advantages and disadvantages?
6) Can follow to join children age out?
7) For how long can derivatives claim such benefit?
If the person is not included on your original petition, then they are not going to be able to get a visa to follow you later. They are going to need to be submitted and evaluated just as you were, and from the Philippines, the wait is about two years or so at this time.
The person that is on the petition, as well as any of the their dependents that are on it have up to six months to get to the US or their visa will be cancelled.
No sense in adding in more to the equation than what is actually happening right now. It is not going to be beneficial to most here at all.
It comes down to the fact that if you get married once the DS-230 is approved, then you are delayed to get the new DS-230 if adding the spouse to it, or going over and then have them come over later but this that you have posted above does not apply to the scenerio.
Thanks for the response ma'am Suzanne, however, I still have no clear answer about questions 1, 2 and 3....
lawrence01
2,860 Posts
I think any further details is best answered by an immigration lawyer.
Also, if and if the last proposed legislation for nurses (one with the provision that doesn't count the dependents on the visa cap) survives in the U.S. Congress the problems of follow-to-join for nurses will not be an issue anymore.
I think any further details is best answered by an immigration lawyer.Also, if and if the last proposed legislation for nurses (one with the provision that doesn't count the dependents on the visa cap) survives in the U.S. Congress the problems of follow-to-join for nurses will not be an issue anymore.
Thanks sir Lawrence!:)
The "cheapest one" that I came across was charging php 1500 for a phone consult. I was hoping for anyone here who could give a "free answer".:sofahider
This caveat in the petitioning/visas is not routinely used and has not been used by many. There is no reason to even spend the time discussing it here as it has not an issue with most that have come to the US up until now.
For those that it would concern, their attorneys would have given the appropriate information.
Sorry, but makes no sense to me, and last comment that I am going to make about it.
4floridabound
56 Posts
john83,
Go to this link.
http://boards.immigrationportal.com/showthread.php?t=96693
john83,Go to this link.http://boards.immigrationportal.com/showthread.php?t=96693
Thank you very much 4floridabound! It is a very helpful thread/forum.
HUG_ME
14 Posts
hi john83,
were you able to find all the answers? i indicated that my spouse and kids will follow at a later date because i have no enough money to pay for their fee bill. i would also like to inquire the step by step process on how to file for your dependents visa if you're already in the US? my pd is oct 05 and hoping for an interview this coming new fiscal year.
hoping for anybody's comments.
thanks :)
hi john83, were you able to find all the answers? i indicated that my spouse and kids will follow at a later date because i have no enough money to pay for their fee bill. i would also like to inquire the step by step process on how to file for your dependents visa if you're already in the US? my pd is oct 05 and hoping for an interview this coming new fiscal year. hoping for anybody's comments.thanks :)
The step-by-step process is best answered by consulting a reputable immigration lawyer.
If the current immigration system stays as it is then it usually takes about 2 years base from experiences from the past as already mentioned by Suzanne. And of course that only starts if the visa fee bill has been paid.
If the new bill passes, where dependents are not anymore counted on the visa cap then it may not take as long as 2 years provided you have paid for their visa fee bills and you paid for everything before the proposed 3 year longevity of that bill lapses.
If nothing is paid, then nothing can be done regardless of what visa category foreign nurses would be in the future.
Also, not knowing if foreign nurses will still be under the traditional system everyone is accustomed to or the new one then knowing what to do this early may not be worth it as things change regarding immigration for foreign nurses all the time.
Just my two cents.