newcomers to usa and Bringing wife of Permanent Residents

[anda kim 0]

sorry Uliana+abdo, i found the right link https://egov.uscis.gov/cris/processTimesDisplayInit.do

thank u very much.

know how the office will process your file? I am in new jersey.

Regards

[JimVaPhuong 4,863]

Just to clarify. The couple most likely were denied because of fraud. Marriage fraud occurring after a person wins the DV is problematic enough for the GAO to issue a report on the subject; http://www.gao.gov/new.items/d071174.pdf

Yes, they absolutely were denied for fraud. The only reason I brought it up is because a derivative visa for his wife is not necessarily going to be a slam dunk like it would be for a child, for example. They generally do suspect fraud when someone marries after winning the DV lottery. If they conclude the marriage is a sham to evade immigration law then they'll certainly deny the visa, but they could also revoke his green card. In the Uganda case they married before the visa interview, and both of them went to the interview together. They were both denied.

In a nutshell, I'm agreeing with you that she's eligible for a derivative visa, but they should be prepared for a possible uphill battle at the consulate.

[anda kim 0]

Yes, they absolutely were denied for fraud. The only reason I brought it up is because a derivative visa for his wife is not necessarily going to be a slam dunk like it would be for a child, for example. They generally do suspect fraud when someone marries after winning the DV lottery. If they conclude the marriage is a sham to evade immigration law then they'll certainly deny the visa, but they could also revoke his green card. In the Uganda case they married before the visa interview, and both of them went to the interview together. They were both denied.

In a nutshell, I'm agreeing with you that she's eligible for a derivative visa, but they should be prepared for a possible uphill battle at the consulate.

Thank you,

Now what i have to do? filing the I-130 or another procedure?

Regards

[Jojo92122 1,924]

Yes, they absolutely were denied for fraud. The only reason I brought it up is because a derivative visa for his wife is not necessarily going to be a slam dunk like it would be for a child, for example. They generally do suspect fraud when someone marries after winning the DV lottery. If they conclude the marriage is a sham to evade immigration law then they'll certainly deny the visa, but they could also revoke his green card. In the Uganda case they married before the visa interview, and both of them went to the interview together. They were both denied.

In a nutshell, I'm agreeing with you that she's eligible for a derivative visa, but they should be prepared for a possible uphill battle at the consulate.

I agree with you. Marriage after winning the DV will raise a red flag. Marriage fraud makes it that much harder for everyone who seeks to bring a spouse or fiancee to the US.

[Jojo92122 1,924]

Thank you,

Now what i have to do? filing the I-130 or another procedure?

Regards

You do not file an I-130.

You want to do a follow to join for your spouse. This will be much quicker than filing the I-130.

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Follow the instructions on this website; http://www.***removed***....n-benefits.html

Following to Join Benefits for Spouse

Important: This section is only applicable to lawful permanent residents who did not gain their LPR status as an immediate

relative (parent, spouse, or unmarried child under 21 years of age) of a U.S. citizen.

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 immigrated on diversity lottery

You immigrated through employment based immigration

You immigrated based on your relationship to your U.S. citizen sibling

You immigrated based on your relationship to your U.S. citizen parent when you were already married

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 green card

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.

If you are in the U.S. and have filed for an adjustment of status, you can file I-824 for your spouse. If you are in the U.S.

and have not yet filed for an adjustment of status, you can file I-824 concurrently with I-485 and in that case, it does not

require any supporting documentation

Edited December 7, 2011 by Kathryn41