"Follow-to-Join" visa quetions

[DV Winner 0]

Dear forum members

Thank you very much in advance for all your great help. It's really appreciated!

My parents are very lucky. My mother won green card lottery. I know that his is big luck. I myself lived in UK for 9 years and will be eligible for permanent residency visa only next year. And some people have to wait even longer.

However, my parents are not very young and my father earns quite decent money in their original country. They really want to move to USA but they don't want to loose all his income. Unfortunately his profession (medical) is hard to transfer to USA because he will need to study again for 5-6 years and at his age it's probably not worth it. We heard there is "follow to join" visa. When spouse want to join later. We thought it is maybe a good idea if he will go to USA in 1-2 years time after my mother goes. But we are worried because we don't have enough information and not sure how does it work exactly.

Some questions we have:

1. Will he be able to get green card quickly if he uses this visa?

2. Won't there be any long queues?

3. Is it 100% reliable or can it be changed or revoked somehow?

4. For how long can it be given? Like 6 months or 1 year or 2 years or longer?

5. Can it somehow reduce chances of getting green card by main applicant if they want to use it and mention it on the interview?

Thank you!

Edited May 11, 2012 by DV Winner

[milimelo 4,479]

With DV - you only have until the end of September of the winning year to get the visa and use it. There is no possibility to issue a visa after that deadline has passed. So, if mom just won (May 2012 drawing), depending on her number, she could have interview between October 1 2012 and September 30 2013. No visas will be issued for that cycle after September 30 2013.

What mom can do is, once she enters the US she can file I-130 for the husband as a family member of a permanent resident. It takes between two-three years for the visa number to be available which seems to suit what your family wants.

Another option is for father to process with mom as DV, go to the US for couple of months, get the green card and at the same time apply for the Re-entry permit (I-131), do the biometrics and after receipt of re-entry permit go back to the home country. Re-entry permit is good for 2 years but does not guarantee CBP will let him into country. It will be upon your father to prove he maintained residency in the US - drivers license, bank accounts, address, filing taxes on worldwide income...

[DV Winner 0]

Thank you for your advice. However, I think there is also another option. Where you don't have to wait in a queue. It is mentioned in the application for DV visa when you win and I also found this information on this forum:

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[1]

You immigrated through employment based immigration[2]

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

I wanted to find out more about this route. I know it exists, but it is very hard to find more information about it. If anyone know how it works (what I asked in my questions), please let me know.

[milimelo 4,479]

Link to quoted text?

[DV Winner 0]

Link to quoted text?

Here it is:

http://www.visajourney.com/forums/topic/327908-newcomers-to-usa-and-bringing-wife-of-permanent-residents/

[milimelo 4,479]

Contact Kentucky http://www.travel.state.gov/visa/visa_4761.html or send an email to the US embassy where parents will interview and explain the situation.

[NigeriaorBust 4,087]

A lot would depend on when your father wants to retire. If it is more than 5 years from when your mother comes she could be a USC by then and then wait time is only a year. Or she could file the petition for your father while still a LPR and upgrade when she becomes a USC causing a jump to the front of the line effect. He could come, get a green card, turn the card in and ask for a visitors visa, then go for the I 130 when he is ready to retire. ANy use of the visitors visa is a bit problematic with a US resident spouse depending on your country of reisence.

[Noah Lot 391]

It would be far simpler for your father to get his visa at the same time as your mother, travel to the US, then return periodically to home country, and back to the US, in order to maintain his LPR status. Should he need to stay outside the US for a lengthy period of time (1 year+) he can request a 're entry' permit which would allow this without jeopardizing his green card.

[DV Winner 0]

It would be far simpler for your father to get his visa at the same time as your mother, travel to the US, then return periodically to home country, and back to the US, in order to maintain his LPR status. Should he need to stay outside the US for a lengthy period of time (1 year+) he can request a 're entry' permit which would allow this without jeopardizing his green card.

Thank you and thanks to all other for other comments. We thought the same, what if he gets green card and then visits US regularly but continues to work for another 1-2 years. But we are worried that he will spend most of the time in his country of origin and it can create problems for him and potentially even for both of them. Could he be blocked from re-entering US and even get into some sort of black list based on 2 years of history of travel. My mom will definitely live in US more than 50% of the time from the very beginning. So we also thought it could be ideal but we are worried would not it look like we try to cheat the system if he lives in US for only 1-2 months in first 1-2 years? Well, he has old parents in original country and they requite a lot of his attention. So even if he tried to go to US from day one for 100% of the time he could not because he need to arrange care for them, etc. So I wonder will it be risk of loosing green card if we try to do it? We certainly don't want to risk it after winning it and been so lucky. Thanks again for your help!

Edited May 12, 2012 by DV Winner