Adding spouse to ds 260 Derivative beneficiary (spouse) (Merged)

[SusieQQQ 11,587]

It seems to me that the visa interview has already been held, seeing as she has a visa. I'm guessing that's why you can't reopen the DS260. Not sure what the options are now to add you before she goes - you'll need your own interview at the embassy either way, whether you are able to FTJ or whether she has to separately sponsor you. Seems to me you really need someone to respond to you from the embassy at this stage, but I don't think requesting to open the DS260 is the way to do it.

[Mundo254 50]

2 hours ago, Jjbb77 said:

Thank you for your response. Yes we got married after DS260 was submitted.  

Quick clarification, did you get married after or before the consular interview?

[SusieQQQ 11,587]

2 hours ago, Jjbb77 said:

Thank you for your response. Yes we got married after DS260 was submitted. 

 

3 hours ago, Jjbb77 said:

My wife was single when she got EB3 visa. 

You presumably only got married after her visa interview as well, not just after DS260 submission, but your wife surely must have known by then she was going to marry you? Didn’t she ask the interviewing officer what the process would be to add her soon-to-be husband to the case during her interview?

[arken 4,197]

2 hours ago, SusieQQQ said:

 

It seems to me that the visa interview has already been held, seeing as she has a visa.

 

This. The visa is issued so the case is closed.

OP:

The only way to have the ceac reactivated for adding a derivative is by contacting the  embassy. Since it's been 2 months you (presumably your wife) contacted the embassy, it just shows how backlogged they are. May be follow up again and be very specific on  why adding the derivative. Once they activate your wife's profile, she will add you, fill up the DS260, upload your related civil docs. The Embassy will review that and schedule an interview. Overall it will take several months. Not sure when your wife's visa expires, she has to travel before the expiry daye. You can still get interviewed later and get the same EB based derivative Visa.

Edited July 29, 2022 by arken

[Jjbb77 3]

8 hours ago, EA and MK said:

There should be a page just as you log in that looks like the one I pasted above. When you log into CEAC, does it take you straight to this page you posted? Try Clicking on "home" by chance. There should be a page called "Immigrant Visa Summary Information" regardless ... What Embassy are you dealing with? Have you tried getting a hold of the Visa Applicant Center for your specific country? 

Thank you for your response 
That’s the page it opens as soon as she logs in. That’s the home page. I think because the case is closed it shows that way. I’m dealing with embassy at Kathmandu. How can I get hold of a Visa Applicant Center for the specific country? I wasn’t aware there are specific centers. How do I get in touch with them? 

[Jjbb77 3]

8 hours ago, SusieQQQ said:

It seems to me that the visa interview has already been held, seeing as she has a visa. I'm guessing that's why you can't reopen the DS260. Not sure what the options are now to add you before she goes - you'll need your own interview at the embassy either way, whether you are able to FTJ or whether she has to separately sponsor you. Seems to me you really need someone to respond to you from the embassy at this stage, but I don't think requesting to open the DS260 is the way to do it.

Thank you

Please advise the next steps. Can I get in touch with any pro bono immigration experts who would give guidance? Or even paid ones? 

[Jjbb77 3]

7 hours ago, Mundo254 said:

Quick clarification, did you get married after or before the consular interview?

We got married after her visa interview and after her visa grant which was around 5 months ago. Guidelines on Follow to join says you must be married prior to principal being LPR. Am I eligible? 

[Jjbb77 3]

6 hours ago, SusieQQQ said:

 

You presumably only got married after her visa interview as well, not just after DS260 submission, but your wife surely must have known by then she was going to marry you? Didn’t she ask the interviewing officer what the process would be to add her soon-to-be husband to the case during her interview?

She was told by a third party that the embassy unlocks the DS260 and she can add my name later which is why she did not ask the interviewing officer. We have been mailing the embassy for 2 months now to unlock the DS 260. Why are they not replying? Is it because that’s not the process? Have we missed something by accident?

[Jjbb77 3]

5 hours ago, arken said:

This. The visa is issued so the case is closed.

OP:

The only way to have the ceac reactivated for adding a derivative is by contacting the  embassy. Since it's been 2 months you (presumably your wife) contacted the embassy, it just shows how backlogged they are. May be follow up again and be very specific on  why adding the derivative. Once they activate your wife's profile, she will add you, fill up the DS260, upload your related civil docs. The Embassy will review that and schedule an interview. Overall it will take several months. Not sure when your wife's visa expires, she has to travel before the expiry daye. You can still get interviewed later and get the same EB based derivative Visa.

Thank you Arken. 
what is the deadline for adding my name to her DS 260? Does it have to be done prior to her departure? She will be an LPR upon endorsement of her visa at US port of entry. Can the DS 260 still be opened after that? 

[SusieQQQ 11,587]

16 minutes ago, Jjbb77 said:

She was told by a third party that the embassy unlocks the DS260 and she can add my name later which is why she did not ask the interviewing officer. We have been mailing the embassy for 2 months now to unlock the DS 260. Why are they not replying? Is it because that’s not the process? Have we missed something by accident?

I’m not sure why you relied on a third party without checking with the consular official, considering she had direct access to him during the interview. Yes, it’s possible they’re not replying because from their point of view there is no point unlocking. You can try contact - with proper details, not just an unlock request which may not make sense to them:

- via the live chat or phone number links on this page https://www.ustraveldocs.com/np/np-main-contactus.asp 

 

 

 

Edited July 30, 2022 by SusieQQQ

[SusieQQQ 11,587]

My reading of the Dept of State manual is that you can still get this sorted out after she is admitted, because you were married before she enters the US:
 

https://fam.state.gov/fam/09FAM/09FAM050201.html

9 FAM 502.1-1(C)(2)  Derivative Applicants/Beneficiaries

 

Derivatives – Overview:  A spouse or child acquired prior to the principal applicant’s admission to the United States or adjustment of status to that of a Lawful Permanent Resident (LPR), or a child born of a marriage which existed prior to the principal applicant’s admission to the United States as an immigrant or adjustment of status, who is accompanying or following to join the principal, should be accorded derivative status under INA 203(d). …

 

(2)  Following-to-Join: 
…

(b)  Spouse or Child Acquired Prior to Admission of Principal Applicant:  A spouse or child acquired prior to a principal applicant’s admission to the United States is entitled to derivative status and the priority date of the principal applicant, regardless of the period of time which may elapse between the issuance of a visa to or admission into the United States of the principal applicant and the issuance of a visa to the spouse or child of such applicant and regardless of whether the spouse or child had been named in the IV application of the principal applicant….

 

 

[EA and MK 48]

Try giving them a call on Monday. They also have an online chat option. 

 

https://www.ustraveldocs.com/np/np-main-contactus.asp

[SteveInBostonI130 3,471]

20 hours ago, Jjbb77 said:

 

** self deleted: answer to question I postedw as in a later post **

Edited July 30, 2022 by SteveInBostonI130

[Jjbb77 3]

Update: got email from embassy saying DS260 cannot be edited since her visa already says “single”. 
 

Can I apply for follow to join benefit though ? The state department website says marriage must exist PRIOR to admission to the US. She still has not gone to US and we married 2 months ago so as per my reckoning of the law I am eligible for follow to join benefit. 
 

If I write too many mails to the embassy, will they get irritated and advise me with wrong information such as “no you’re not eligible for follow to join (FTJ)”? 
 

Regulations and legislation on FTJ says that even if spouse has not been named in the application the principal applicant can request FTJ. 
please advise

 

[Jjbb77 3]

Hii

I am in a bit of a situation here. Please advise. 
My timeline is as follows:

- My wife (just dating at that time) gets employment immigrant visa eb3 in March 2022. Her passport is stamped with visa sticker. Her Visa says “single”

- We get married on June 2022 (my wife has not yet travelled to the US hence she is not LPR yet) which means our marriage exists prior to admission in the US. 
- My wife will travel mid August 2022 to the US and be confirmed as LPR upon entry. 

My question. Am i eligible for Follow to join benefit as a derivative? 
One lawyer has told me that I must be married prior to approval of Visa. I don’t agree. The state department website clearly says that marriage should exist prior to admission into the US.

 

this is from the state department website which I was able to find with the help of a kind soul on this forum. Based on this rule shouldn’t I be eligible for follow to join? 

 

9 FAM 502.1-1(C)(2)  Derivative Applicants/Beneficiaries

(2)  Following-to-Join: 
…

(b)  Spouse or Child Acquired Prior to Admission of Principal Applicant:  A spouse or child acquired prior to a principal applicant’s admission to the United States is entitled to derivative status and the priority date of the principal applicant, regardless of the period of time which may elapse between the issuance of a visa to or admission into the United States of the principal applicant and the issuance of a visa to the spouse or child of such applicant and regardless of whether the spouse or child had been named in the IV application of the principal applicant….

 

I wouldn’t care about filing i130 either but I’ve heard that it takes long time to approve and the thought of my wife working long shifts tirelessly and coming back to an empty home is really starting to haunt me 😥😥😓😓

 

I’d appreciate any input on my situation. Thanks