Immigrant Visa Approval Based on Approved I-824 Follow-to-Join for Petitioner in Seattle, WA and Beneficiary in Seoul, South Korea

CASE: I-824 (Follow-to-join) based on approved I-140 and Consular Processing (Immigrant Visa)

CLIENT: Korean LPR Petitioner; Korean Beneficiary in South Korea

LOCATION: Petitioner: Seattle, WA; Beneficiary: Seoul, South Korea

Our client is a Lawful Permanent Resident who got his green card through his current employer’s petition. His current employer filed an I-140 petition for him in August 2008 and later this I-140 petition was approved. He filed his adjustment of status application and became a green card holder in July 2013. He has a wife and two U.S. citizen children. Our client and his wife married in August 2011 before his adjustment of status application was adjudicated. However, his wife was in South Korea when he got his green card due to personal circumstances. She could have been a derivative applicant at the time of our client’s green card filing.

Our client was also given wrong advice before. After he got his green card, his previous counsel suggested for him to file an I-130 petition for his wife in South Korea (F2A category). He filed the I-130 petition and just waited for the priority date become current so that his wife can file the immigrant visa.

In May 2014, he contacted our office and explained his situation to our office. Our office immediately told him that he can file an I-824 follow-to-join application to the USCIS so that his wife can file an immigrant visa and come as a derivative beneficiary of the I-140 petition rather than as a beneficiary of the I-130 petition which will take more time. After consultation, he retained our office on May 28, 2014 to help bring his wife to the States.

After we were retained, our office filed an I-824 follow-to-join application to the USCIS on June 2, 2014. After the I-824 was filed, everything went smoothly and the receipt notices came on time. The I-824 application was approved by the USCIS on June 30, 2014 and this case was transferred to the National Visa Center.

After the I-824 approval, we filed the immigrant visa packets to the National Visa Center on August 28, 2014, who in turn forwarded the client’s materials to the U.S. Embassy in Seoul, South Korea. An interview notice was set for the client at the U.S. Embassy in Seoul. On January 6, 2015, our client’s wife appeared at the U.S. Embassy in Seoul, South Korea. The interview went well, and eventually, on January 8, 2015, the U.S. Embassy in Seoul, South Korea approved and issued her immigrant visa.

With the approved Immigrant visa, our client’s wife successfully came to the United States ten days after the visa issuance.  She will get her green card within two weeks.