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Filed: E-2 Visa Country: India
Timeline
Posted

Hello, it's my first post...and appreciate if someone could kindly provide your help please.

I'm LPR (EB2 - PD : Apr-2009) and have applied follow to join (I824) for my wife who's in India. USCIS has approved I824. I paid fees, all documents and NVC completed the case on 9/29/15 and sent an email that the interview will be scheduled next. I have not received an update from NVC for a month.. Whenever I called NVC, got the same message that we are waiting for your consulate interview slot (Mumbai). After repetitive calls, today a rep mentioned that the priority date for eb2 is 2006 now and they will have to wait until that reaches April-2009 period for interview scheduling. I'm confused with this...My spouse is coming in follow-to-join category and the priority date / visa number should not be a constraint here.
Here's an excerpt from USCIS site on follow-to-join benefit... "If you were married and/or had children who did not obtain permanent residence at the same time you did, they may be eligible for follow-to-join benefits. This means that you do not have to submit a separate Form I-130 for your spouse and/or children. In addition, your spouse and/or children 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 permanent resident so that your spouse and/or children can apply for an immigrant visa."
1) Read through many forums that the PD is not relevant in "follow-to-join" case since the spouse will not have to wait for a visa number... Is it not true?
2) Do I need to wait for the EB2 to become Apr-2009 (my PD) for getting my spouse's visa interview schedule?
I was waiting to bring my family as earliest, but I'm not sure on what can be done now in this situation with the above response from NVC..
I would really appreciate if you could kindly clarify. Thanks a lot.
Filed: E-2 Visa Country: India
Timeline
Posted

Hi, Does anyone has gone through FTJ (follow-to-join)? After case complete at NVC, is there any relevancy with priority date? I got it through eb2 and my pd is apr-2009 and my case is completed at NVC on 9/29,,, but there's no interview yet. I heard that follow-to-join case don't go through PD, but the NVC rep says differently. Appreciate if someone could clarify. Thanks.

 
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