Reg Follow to Join and Priority Date

[mars76]

Hi All,

I got my Greencard in Feb (Priority Date Sep 07) and my wife in in India and wondering whether i can apply for follow-to-join for her now.

As the Priority Dates has moved mack to 2004 shall i need to wait till they become current ??

Or am i better of filing I-130 under F2A Category ?

Thanks
Kumar

[Spectator]

Kumar,

Not my strongest area, so please bear that in mind.

My understanding is that there is nothing stopping USCIS processing an I-824 just because the PD is not Current. All that matters is that your own I-485 has been approved and that you are now an LPR.

Similarly, once NVC receives the information from USCIS following approval of the I-824, they will do the initial processing of your wife's case regardless of the PD being Current or not.

In fact, since there is a good likelihood of Sep 2007 PD becoming Current within a year, they may even (and probably would) request the fee and request additional information for what used to called Packet 4.

What NVC can't do is arrange the final Consular interview until they know the date is actually going to become Current.

If you filed F2A now, your wife would have a PD in October 2012 - about 2 years from the current Cut Off Date.

I believe your EB PD will be Current before the F2A PD would be, but there is nothing to stop you having both running in parallel.

As always, best to check with a competent source of information, such as an Immigration Attorney.

[mars76]

Thanks so much for the info Spectator.

I didn't know that i can apply both I-824 and I-130.

Will check with an Attorney.

Regards
Kumar

[Spectator]

Kumar,

You might find this Murthy article (http://www.murthy.com/2012/09/24/strategy-to-deal-with-eb-retrogression-i-130-family-petition/) useful.

While it is using an example of the dependent having an I-485, it is equally applicable to your situation.

Best of luck.