首先申明,我不是律师,我所讲的,是我自己通过大量搜索总结而来。如果有出入,不负任何责任。
I-824的填表:所有的内容只与主申请人有关。包括Part 3。比如,你是485申请人,填写的是你自己的信息。在I-824申请表中,不会出现你的老婆/老公/孩子的任何信息。如果check C in Part 2, 当你的485批准而且I-824也批准的情况下,USCIS会通知大使馆,比如你是从大陆来的,就告诉US Consulate General in Guangzhou,你现在已经是 LPR 了,你的老婆/老公/孩子可以 Following-to-join 了。
在你拿到 I-824 的批准件后,就应当寄给你老婆/老公/孩子(你自己当然得有复印件,最好公证一下)。他们将把他们自己的信息,如姓名,地址,和你关系的证明等,连同I-824复印件,寄到广州美国大使馆签证处。所寄的材料必须能完全证明你和他们的关系能享受 Following-to-join。
当广州大使馆通过某些手续后,确认你的老婆/老公/孩子可以享受Following-to-join,就会和他们联系。为加深理解,请阅读下面一段。
Following to join family members
The spouse and children of a principal applicant are entitled to derive immigration benefits from their principal’s approved visa petition and may travel to the United States at a later date. Under no circumstance will the derivative spouse or child be allowed to travel to the U.S. ahead of the principal applicant.
Following-to-join applicants may derive immigration benefits only if:
a) the spouse or children were acquired before the principal applicant’s admission into the United States; and
b) the principal applicant gained lawful permanent resident (LPR) status or was issued an immigrant visa under the family-preference (F) or employment-based (E) visa categories or was issued a nonimmigrant K or V visa. Foreign nationals who immigrated to the U.S. under an immediate relative (IR) visa category need to file a separate Form I-130 visa petition on behalf of their spouses and children.
c) the principal applicant has not naturalized. Once the principal applicant becomes a U.S. citizen, a separate visa petition would need to be filed on behalf of the spouse and /or children to qualify for immigration benefits again.
Following-to join derivative beneficiaries must present documentation establishing the principal applicant’s immigration status in the United States and their relationship to their principal. These include:
· A copy of the child’s birth certificate issued by the National Statistics Office
· A copy of the marriage certificate issued by the National Statistics Office
· A copy of the principal alien’s registration receipt card or I-551 or a copy of the principal alien’s passport pages indicating admission to the U.S. as an immigrant
· If applicable, Form I-824, Application for Action on an Approved Application or Petition
To register a family member as a following-to-join derivative, the above documents may be faxed to the Immigrant Visa Section at (632) 338-4129 or mailed to the U.S. Embassy, Immigrant Visa Branch, Roxas Blvd, Ermita, Manila. The documents must come with a letter of request clearly indicating the name of the applicant(s) and the applicant(s)' contact address and telephone number.
Once the Embassy ascertains the eligibility for following-to-join derivative status, it will provide instructions on how to apply for the visas.
It is important to remember that a child is only eligible for following-to-join benefits, if he or she is a child, stepchild or adopted child in accordance to U.S. immigration law.
递交I-824,不会象小白兔说的会Revoke你的485。根据485表的说明,如果想老婆/老公/孩子享受Following-to-join,I-824必须和485同时递交。但目前我还没有搞定是否可以后来递交--因为根据485不行,但根据824,是可以的。
希望对 824 关心的同志们一起努力,三个臭皮匠,总定的上半个诸葛亮。