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Filed: EB-2 Visa Country: Canada
Timeline
Posted
On 8/31/2022 at 1:28 PM, mam521 said:

As I understand it, baby needs to be added as a derivative beneficiary.  I'd contact the Consulate.  If baby doesn't have an approved application, baby isn't able to immigrate.  

 

"Based on your approved petition, your spouse and minor unmarried children, younger than 21, may apply for immigrant visas with you. Like you, they must also fill out required application forms, obtain required civil documents, pay the required fees, and undergo medical examinations. Same-sex spouses of U.S. citizens and Lawful Permanent Residents (LPRs), along with their minor children, are now eligible for the same immigration benefits as opposite-sex spouses. Consular officers at U.S. Embassies and Consulates will adjudicate their immigrant visa applications upon receipt of an approved I-130 or I-140  petition from USCIS. For further information, please see our FAQ’s."

 

https://travel.state.gov/content/travel/en/us-visas/immigrate/employment-based-immigrant-visas.html#members

Hi @mam521I got married after submitting my I-140, hence my spouse was not originally listed application. I have contacted NVC to add her to my CEAC / DS-260 application. 

 

Should I proceed to complete my DS-260 and submit my documents so that I am DQ and in line for the interview, or wait for NVC to add spouse first before completing DS-260?

 

Thanks very much

 

Filed: EB-2 Visa Country: Canada
Timeline
Posted
35 minutes ago, Blueeyes1989 said:

@Leeching Spouse Adding spouse is not a straigforward process. You will need to submit a " Follow to Join" application for that (Form I-824). Did you already do that? 

 

No, I have not, but I don't think this is correct... Applicants used to be able to add their Spouse in the older CEAC system and the FAQ shows it. 

 

image.thumb.png.25351128a98e3eb21db1d7d2296e620e.png

Posted

Came across this article and was really surprised to see the statistics they mentioned (Consulates Deny 61% of Employer‐Sponsored Immigrant Visas). I was told by lawyer/read on the internet  that consulate process is less risky since officers at consulate don't have an authority to deny a visa as opposite of officers working at USCIS in the USA. Have anyone heard of this?
https://www.cato.org/blog/consulates-deny-61-employer-sponsored-immigrant-visas

Posted
1 hour ago, Van24 said:

Came across this article and was really surprised to see the statistics they mentioned (Consulates Deny 61% of Employer‐Sponsored Immigrant Visas). I was told by lawyer/read on the internet  that consulate process is less risky since officers at consulate don't have an authority to deny a visa as opposite of officers working at USCIS in the USA. Have anyone heard of this?
https://www.cato.org/blog/consulates-deny-61-employer-sponsored-immigrant-visas

If you are NIW, this doesn't apply :D

Still, this is kind of unbelievable, but it looks are from the DOS , so I don't know what to say.

Filed: EB-1 Visa Country: Canada
Timeline
Posted
On 8/22/2022 at 3:20 PM, VA21202 said:

I agree, info shared online and in the instructions seem very counter intuitive but it looks like that might be the way to go, i.e. wait for the interview date to pass and email them the very next day requesting to reschedule. I believe we had Era101 earlier who did that and were able to get a date the following month. I’d be so nervous doing that though, such a counter-intuitive way to request a reschedule AFTER the date has passed.

Congrats @VA21202 on your IL!  Thanks for your input on rescheduling - been trying to see if we can make Sept work because yeah, their process for rescheduling is totally ridiculous.  But my husband's work schedule requires too much travel (and he needs his passport) so looks like we need to push it until November.  I've emailed the consulate to confirm we are to just not show up (?!) and then email them to reschedule the day after...waiting to hear back.  Best of luck with your interview!

Posted
On 9/5/2022 at 4:40 PM, Leeching Spouse said:

Hi @mam521I got married after submitting my I-140, hence my spouse was not originally listed application. I have contacted NVC to add her to my CEAC / DS-260 application. 

 

Should I proceed to complete my DS-260 and submit my documents so that I am DQ and in line for the interview, or wait for NVC to add spouse first before completing DS-260?

 

Thanks very much

 

@Leeching Spouse I went through the same process early last year. I got my I140 approved in Jan 2021, and I got married shortly after. I was also confused by the FAQ instruction that said I can add a derivative in CEAC as I didn't see any button for such activity. After calling NVC, I learned EB category needs to submit an email inquiry form to add a spouse as a derivative. In the email inquiry, I had to attach some documents such as proof of marriage and other documents under my wife's name. I recommend you give a call to them to get the exact list of docs you need. After my request got processed, a DS-260 for my wife appeared in my account. I paid the fees, and we filled out and then submitted together. I chose not to submit mine first as there was some information that had to be cross checked between my wife's and mine. I see a post mentioning follow-to-join, but this is not true according to my convo with my lawyer back in 2020. I'm in EB3 category and my wife and I got DQ'ed this March, waiting indefinitely for the IL.

Country: Canada
Timeline
Posted
1 hour ago, msccccccc said:

@Leeching Spouse I went through the same process early last year. I got my I140 approved in Jan 2021, and I got married shortly after. I was also confused by the FAQ instruction that said I can add a derivative in CEAC as I didn't see any button for such activity. After calling NVC, I learned EB category needs to submit an email inquiry form to add a spouse as a derivative. In the email inquiry, I had to attach some documents such as proof of marriage and other documents under my wife's name. I recommend you give a call to them to get the exact list of docs you need. After my request got processed, a DS-260 for my wife appeared in my account. I paid the fees, and we filled out and then submitted together. I chose not to submit mine first as there was some information that had to be cross checked between my wife's and mine. I see a post mentioning follow-to-join, but this is not true according to my convo with my lawyer back in 2020. I'm in EB3 category and my wife and I got DQ'ed this March, waiting indefinitely for the IL.

Welcome msccccccc! This sounds very similar to my process except we were already married after I received my perm residency. My wife's category is EB3 because mine was, and so we had to do consular processing as follow-to-join.

 

Please add your details to our tracker and welcome to the waiting room.

 

https://docs.google.com/spreadsheets/d/14yZKxht6igwJPXPU0EehKmmN2hx1g3EchEuB5G0yNO4/edit#gid=0

 

Posted (edited)
21 hours ago, Van24 said:

Came across this article and was really surprised to see the statistics they mentioned (Consulates Deny 61% of Employer‐Sponsored Immigrant Visas). I was told by lawyer/read on the internet  that consulate process is less risky since officers at consulate don't have an authority to deny a visa as opposite of officers working at USCIS in the USA. Have anyone heard of this?
https://www.cato.org/blog/consulates-deny-61-employer-sponsored-immigrant-visas

I am a new member and joined recently. I was DQ' ed in July 2022. 

This is very troubling data if this is true. After my date became current, I had a consultation with a lawyer from one of the reputed US firms to understand what to expect in Consulate Processing. 

The lawyers words were " the interview is perfunctory in Employment Based GC cases, as all the processing has already been completed"

So according to the Immigration Lawyer that I consulted, GC interview is just formality.  He said the cases get denied mostly because of misrepresentation.  

Edited by Sun87
Posted
10 minutes ago, Sun87 said:

I am a new member and joined recently. I was DQ' ed in July 2022. 

This is very troubling data if this is true. After my date became current, I had a consultation with a lawyer from one of the reputed US firms to understand what to expect in Consulate Processing. 

The lawyers words were " the interview is perfunctory in Employment Based GC cases, as all the processing has already been completed"

So according to the Immigration Lawyer that I consulted, GC interview is just formality.  He said the cases get denied mostly because of misrepresentation.  

that's also what I thought to be the case for all EBs. But the data that the CATO institute is using is from the DOS itself. Unless there is some misrepresentation of that data :D the conclusion is correct.

As for what your lawyer said: I guess DOS sees 'misrepresentation' in 60% of the cases (that's what the guy at CATO says as well)!!!

 
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