newcomers to usa and Bringing wife of Permanent Residents

[anda kim 0]

Hi

I got married three weeks before I came to the United State (green card holder), today I am in United States one month ago, can I start the procedure to bring my wife (filing I-130) if yes what is my chance to get the agreement

Thanks you

[Jojo92122 1,924]

How did you get your green card? Who petitioned for you?

Edited September 4, 2011 by Jojo92122

[fazmo 24]

On what bases did you come to the US. What was your IV category? You need to provide that information.

[anda kim 0]

Thank you for looking!

I m a 2011 DV winner.

Thank you

[fazmo 24]

Thank you for looking!

I m a 2011 DV winner.

Thank you

In that case, yes, you can file an F2A visa for your spouse. The wait time is between 3-5 years though.

[anda kim 0]

Thank you,

what define the wait time? the number of demand or the nationality ...

Best regard

[fazmo 24]

Thank you,

what define the wait time? the number of demand or the nationality ...

Best regard

Both nationality and demand for visas define the wait time. There are numerical limits per country for visa issuance each year. If one country has more applicants than what is subscribed to it (which is mostly true), something called priority date takes affect which will dictate whose visa is processed before whom. It is a first come first served process. Some countries like Mexico, Philippine and India wait more time than other coutries since they produce large immigrants to the US and are always heavily oversubscribed.

[anda kim 0]

Ok i see.

for my case for example, im moroccan, when i can find an estimation for the wait time if a send the form I-130 in the end of this month?

Thanks in advance

[Jojo92122 1,924]

You qualify to do a follow to join. This is the best way to get your wife to the US quickly. If you start a new case for her, she will need to wait years to qualify for a visa. If you do a follow to join based on your diversity visa, then she can be here in under a year.

http://www.***removed***....n-benefits.html

http://www.uscis.gov...00045f3d6a1RCRD

Edited December 6, 2011 by Kathryn41

[anda kim 0]

You qualify to do a follow to join. This is the best way to get your wife to the US quickly. If you start a new case for her, she will need to wait years to qualify for a visa. If you do a follow to join based on your diversity visa, then she can be here in under a year.

http://www.***removed***....n-benefits.html

http://www.uscis.gov...00045f3d6a1RCRD

Thank you for the advise, can u explain more plz, in the ***removed*** they say the some thing ( sending the I-130 and the normal procedure with the wait time)

Edited December 6, 2011 by Kathryn41

[milimelo 4,418]

You qualify to do a follow to join. This is the best way to get your wife to the US quickly. If you start a new case for her, she will need to wait years to qualify for a visa. If you do a follow to join based on your diversity visa, then she can be here in under a year.

http://www.***removed***....n-benefits.html

http://www.uscis.gov...00045f3d6a1RCRD

And where did you get that information? There is no follow to join for DV visa - he was single when he got his immigrant visa - he now gets to file I-130 and wait like the rest of LPRs for his spouse to get the immigrant number.

The second link talks about approved petition - doesn't work for DV entrants.

Edited December 6, 2011 by Kathryn41

[fazmo 24]

You qualify to do a follow to join. This is the best way to get your wife to the US quickly. If you start a new case for her, she will need to wait years to qualify for a visa. If you do a follow to join based on your diversity visa, then she can be here in under a year.

http://www.***removed***....n-benefits.html

http://www.uscis.gov...00045f3d6a1RCRD

May be you missed that this is a Diversity visa. Or may be you missed that he got married two weeks before flying to the US and after the immigrant visa was issued? He doesn't qualify for any other immigrant benefit (other than self) under the diversity visa. He is a permanent resident and can file an I-130 for spouse and face the long wait.

Edited December 6, 2011 by Kathryn41

[Jojo92122 1,924]

And where did you get that information? There is no follow to join for DV visa - he was single when he got his immigrant visa - he now gets to file I-130 and wait like the rest of LPRs for his spouse to get the immigrant number.

The second link talks about approved petition - doesn't work for DV entrants.

May be you missed that this is a Diversity visa. Or may be you missed that he got married two weeks before flying to the US and after the immigrant visa was issued? He doesn't qualify for any other immigrant benefit (other than self) under the diversity visa. He is a permanent resident and can file an I-130 for spouse and face the long wait.

Calm down. The first link got messed up. Here are some citations for you on follow to join for a DV winner.

Citation 1: http://www.usa-green...?Action=Results

DV2012

The deadline for submission of entries to the DV-2012 Lottery was November 3, 2010.

On an unpublicized date following the end of this year's Lottery period, a computer will randomly select applications from among all the qualified applications received. If your application is selected, you will be sent a notification letter that provides further instructions and contains information on fees connected with immigration to the United States. (Spouses and unmarried children of successful applicants under age 21 may also apply for visas to accompany or follow to join the successful applicant.) Winners who are living abroad will be instructed to file a formal application at the nearest US consular office; those already living in the US will be instructed to apply at the nearest branch of the Bureau of Citizenship and Immigration Services for a change of status. All notification letters will be sent between May and July 2011. US embassies and consulates will not be able to provide a list of successful applicants. DV-2012 visas will be issued between October 1, 2011 and September 30, 2012.

Citation 2: http://www.usadivers...2011-result.php

Registrants living legally in the United States who wish to apply for adjustment of their status must contact the Bureau of Citizenship and Immigration Services for information on the requirements and procedures. Once the total *50,000 visa numbers have been used, the program for fiscal year 2010 will end. Selected applicants who do not receive visas by September 30, 2011 will derive no further benefit from their DV-2011 registration. Similarly, spouses and children accompanying or following to join DV-2011 principal applicants are only entitled to derivative diversity visa status until September 30, 2011.

Citation 3: http://www.***removed***....style.css&lnk=1

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

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It's not clear to me if the Anda Kim is the principal beneficiary of the DV or if he/she is a derivative beneficiary.

If Anda Kim is a derivative beneficiary, then there are huge problems. A derivative beneficiary must be unmarried. Marriage before entering the US on an immigration visa for a derivative beneficiary is not allowed - the person must be unmarried. The visa would have been voidable because the person is no longer an eligible beneficiary because of the marriage.

If Anda Kim is the principal beneficiary, then he/she did a very smart thing by marrying before he/she became an LPR. Because Anda Kim married before entering the US and activating his/her LPR status, the spouse is allowed to do a follow to join within the specified time. A DV-2011 principal beneficiary has until Sept. 30, 2011, to do a follow to join for a spouse. Follow to join is allowed because the spouse would have been an eligible derivative beneficiary. If Anda Kim had gone back to the US Embassy before immigrating to the US, he/she could have gotten a visa for his/her spouse.

If a DV principal beneficiary marries after becoming an LPR, then the DV winner must file an I-130 and wait years for the PD to become current in order for the spouse to be eligible for a visa. This is necessary because the spouse would not have been eligible for visa prior to the marriage. A follow to join would not be possible for the spouse if the marriage occurred after activation of the DV principal beneficiary's LPR status.

Edited December 6, 2011 by Kathryn41

[Jojo92122 1,924]

Here is more of Citation 3;

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

[Jojo92122 1,924]

Thank you for the advise, can u explain more plz, in the ***removed*** they say the some thing ( sending the I-130 and the normal procedure with the wait time)

Read and research Form I-824. Follow the instructions. I cannot tell you how to apply for follow to join benefits because I don't know how. I only know that it is possible in your situation. I am sorry that I cannot help you further.

Best of luck to you.

Edited December 6, 2011 by Kathryn41