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Immigration Issues/Follow to join visa for spouse

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Question
hi. I was granted an employment based visa (EB3) last year, a few months after i had gotten married. Unforetunately, my husband was unable to join me when i migrated because if i waited for his visa papers, the retrogression would have affected my application too, the consulate officer advised me to apply for a follow to join visa for him once my priority date becomes current again. At the rate the priority dates are advancing,it may be a few more months before i will be eligible to apply for him.
Can i really apply for a follow to join visa for him and how long does it take? I am unable to work for my employer yet as i failed the state boards and am now in the process of reviewing so i could take it again. Will that be any problem?
Thank you.

Answer
Hi,

I recommend that I-824 http://www.uscis.gov/files/form/i-824.pdf be filed with the USCIS and upon approval (and when priority date is current) the National Visa Center will provide instructions for your husband to obtain immigrant visa at a U.S. Consulate in his home country.

When your husband is scheduled for interview at the Consulate, he will be expected per instructions to carry employment letter from your employer. If you are not employed at that time in a field similar to which in which you were sponsored, there can be problems.

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Ajay K. Arora

Expertise

I can answer your questions on employment and family-based U.S. Immigration Law. Expertise in various immigration categories includes the following: H-1B, L-1, O-1, PERM (labor certification), EB-1 to EB-3 I-140 employment-based immigrant petitions, family or fiance(e) or spousal sponsorship, visa extension or change of status, adjustment of status, naturalization (citizenship), etc.

Experience

Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

Organizations
American Immigration Lawyers Association (AILA) full member since 1995.

Education/Credentials
Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

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