Seeking Advice on Green Card Application Process using Derivative Beneficiary I140 (NVC Consular Processing)

[Cloud Maxwell 0]

Hi All,

I would like to seek your insights regarding this matter, as I find it quite confusing.

Here is the situation:

1. My wife applied for a Green Card through employment-based sponsorship, which was approved in 2022.
2. My name was included in her Form I-140 as a derivative beneficiary (spouse).
3. Now, I would like to apply for my Green Card. Is it possible to contact the National Visa Center (NVC) to inquire about the derivative beneficiary process and request the DS-260 immediately, or should I submit Form I-824 for the Follow-to-Join procedure?

Note: We have been married since 2019, prior to my wife’s relocation to the U.S.

 

I would greatly appreciate any input, particularly if you have experience or references related to this process.

Thank you in advance for your time and assistance.

 

[appleblossom 3,148]

34 minutes ago, Cloud Maxwell said:

Hi All,

I would like to seek your insights regarding this matter, as I find it quite confusing.

Here is the situation:

1. My wife applied for a Green Card through employment-based sponsorship, which was approved in 2022.
2. My name was included in her Form I-140 as a derivative beneficiary (spouse).
3. Now, I would like to apply for my Green Card. Is it possible to contact the National Visa Center (NVC) to inquire about the derivative beneficiary process and request the DS-260 immediately, or should I submit Form I-824 for the Follow-to-Join procedure?

Note: We have been married since 2019, prior to my wife’s relocation to the U.S.

 

I would greatly appreciate any input, particularly if you have experience or references related to this process.

Thank you in advance for your time and assistance.

 

 

Can you give us a timeline? Was it just the I-140 that was approved in 2022, or your wife’s immigrant visa? Was she already living in the US or did she apply via a consulate? 

 

Which country are you in now?

[Cloud Maxwell 0]

Hi AppleBlossom,

thank you to reply this question.

currently I am on Indonesia.

 

my wife already got her Green card (from I 140 and I 485) at mid 2022. she already lived in US since 2021.

 

since 2023 I am waiting for I 130 , but there is no progress at all. I discussed and read on forum there is Follow to Join Option using I 824 submitted through USCIS.

 

but recently found there is possibility I am able to contact NVC directly asking about derivative Beneficiary form I 140 that my wife submitted 2022, and I could ask for DS 260.

 

is my assumption correct ?

[appleblossom 3,148]

Just now, Cloud Maxwell said:

Hi AppleBlossom,

thank you to reply this question.

currently I am on Indonesia.

 

my wife already got her Green card (from I 140 and I 485) at mid 2022. she already lived in US since 2021.

 

since 2023 I am waiting for I 130 , but there is no progress at all. I discussed and read on forum there is Follow to Join Option using I 824 submitted through USCIS.

 

but recently found there is possibility I am able to contact NVC directly asking about derivative Beneficiary form I 140 that my wife submitted 2022, and I could ask for DS 260.

 

is my assumption correct ?

 

Yes, absolutely. If you were listed on her application as a derivative and she’s in the US now then there’s no need to have filed the I-130 - and that will take a lot longer anyway, your Priority Date isn’t current if that was only filed in 2023.

 

I’ve not heard of contacting NVC directly, I thought you had to file the I-824 for follow to join, but you could get your wife to ask NVC just in case (not you, it’s her case). 

 

Good luck. 

[Cloud Maxwell 0]

Hi AppleBlossom,

again thank you for your encouragement. this means a lot for us at this moment.

 

I will try to contact NVC via public inquiry form then , to ask about this situation as well.

 

thank you for your helps