Following to join Question

Hello.
I have been a refugee of US for 3 years and i will be getting my LPR in a few months.i have married to my spouse when we were both in the US 1 years ago.she was an F-1 Holding and i was a refugee when we married in IndianaPolis.I wonder if she is elligible for following-to-join benefits or not.I have read in many websites that the marriage must be outside the US before you enter as a refugee and you can bring your spouse to the US only in such a condition.But in many other websites it is said that the place of marriage is not important and the only requirement is that you must have been married before you became a lawfull permanent resident.
I am totally confused and i don't know if she is elligible if we the couple is married in the US.
Best Regards and Thanks In advance.

Originally Posted by Sailor Hello. I have been a refugee of US for 3 years and i will be getting my LPR in a few months.i have married to my spouse when we were both in the US 1 years ago.she was an F-1 Holding and i was a refugee when we married in IndianaPolis.I wonder if she is elligible for following-to-join benefits or not.I have read in many websites that the marriage must be outside the US before you enter as a refugee and you can bring your spouse to the US only in such a condition.But in many other websites it is said that the place of marriage is not important and the only requirement is that you must have been married before you became a lawfull permanent resident. I am totally confused and i don't know if she is elligible if we the couple is married in the US. Best Regards and Thanks In advance.

Not sure if the folowing info below provides any help...


[Code of Federal Regulations]
[Title 8, Volume 1]
[Revised as of January 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 8CFR207.7]

[Page 186-187]

TITLE 8--ALIENS AND NATIONALITY

CHAPTER I--IMMIGRATION AND NATURALIZATION SERVICE, DEPARTMENT OF JUSTICE

PART 207--ADMISSION OF REFUGEES--Table of Contents

Sec. 207.7 Derivatives of refugees.

(a) Eligibility. A spouse, as defined in section 101(a)(35) of the
Act, and/or child(ren), as defined in section 101(b)(1)(A), (B), (C),
(D), or (E) of the Act, shall be granted refugee status if accompanying
or following-to-join the principal alien. An accompanying derivative is
a spouse or child of a refugee who is in the physical company of the
principal refugee when he or she is admitted to the United States, or a
spouse or child of a refugee who is admitted within 4 months following
the principal refugee's admission. A following-to-join derivative, on
the other hand, is a spouse or child of a refugee who seeks admission
more than 4 months after the principal refugee's admission to the United
States.
(b) Ineligibility. The following relatives of refugees are
ineligible for accompanying or following-to-join benefits:
(1) A spouse or child who has previously been granted asylee or
refugee status;
(2) An adopted child, if the adoption took place after the child
became 16 years old, or if the child has not been in the legal custody
and living with the parent(s) for at least 2 years;
(3) A stepchild, if the marriage that created this relationship took
place after the child became 18 years old;
(4) A husband or wife if each/both were not physically present at
the marriage ceremony, and the marriage was not consummated (section
101(a)(35) of the Act);
(5) A husband or wife if the U.S. Attorney General has determined
that such alien has attempted or conspired to enter into a marriage for
the purpose of evading immigration laws; and
(6) A parent, sister, brother, grandparent, grandchild, nephew,
niece, uncle, aunt, cousin or in-law.
(c) Relationship. The relationship of a spouse and child as defined
in sections 101(a)(35) and 101(b) (1)(A), (B), (C), (D), or (E),
respectively, of the Act, must have existed prior to the refugee's
admission to the United States and must continue to exist at the time of
filing for accompanying or following-to-join benefits and at the time of
the spouse or child's subsequent admission to the United States. If the
refugee proves that the refugee is the parent of a child who was born
after the refugee's admission as a refugee, but who was in utero on the
date of the refugee's admission as a refugee, the child shall be
eligible to accompany or follow-to-join the refugee. The child's mother,
if not the principal refugee, shall not be eligible to accompany or
follow-to-join the principal refugee unless the child's mother was the
principal refugee's spouse on the date of the principal refugee's
admission as a refugee.
(d) Filing. A refugee may request accompanying or following-to-join
benefits for his/her spouse and unmarried, minor child(ren) (whether the
spouse and children are in or outside the United States) by filing a
separate Form I-730 Refugee/Asylee Relative Petition, for each
qualifying family member with the designated Service office. The Form I-
730 may only be filed by the principal refugee. Family members who
derived their refugee status are not eligible to file the Form I-730 on
behalf of their spouse and child(ren). A separate Form I-730 must be
filed for each qualifying family member before February 28, 2000 or
within 2 years of

[[Page 187]]

the refugee's admission to the United States, whichever is later, unless
the Service determines that the filing period should be extended for
humanitarian reasons. There is no time limit imposed on a family
member's travel to the United States once the Form I-730 has been
approved, provided that the relationship of spouse or child continues to
exist and approval of the Form I-730 petition has not been subsequently
revoked. There is no fee for filing this petition.
(e) Evidence. Documentary evidence consists of those documents which
establish that the petitioner is a refugee, and evidence of the claimed
relationship of the petitioner to the beneficiary. The burden of proof
is on the petitioner to establish by a preponderance of the evidence
that any person on whose behalf he/she is making a request under this
section is an eligible spouse or unmarried, minor child. Evidence to
establish the claimed relationship for a spouse or unmarried, minor
child as set forth in 8 CFR part 204 must be submitted with the request
for accompanying or following-to-join benefits. Where possible this will
consist of the documents specified in Sec. 204.2(a (1)(i)(B),
(a)(1)(iii)(B), (a)(2), (d)(2), and (d)(5) of this chapter. In addition,
a recent photograph of each derivative must accompany the Form I-730.
The photograph must clearly identify the derivative, and will be made
part of the derivative's immigration record for identification purposes.
(f) Approvals--(1) Spouse or child in the United States. When a
spouse or child of a refugee is in the United States and the Form I-730
is approved, the Service will notify the refugee of such approval on
Form I-797, Notice of Action. Employment will be authorized incident to
status.
(2) Spouse or child outside the United States. When a spouse or
child of a refugee is outside the United States and the Form I-730 is
approved, the Service will notify the refugee of such approval on Form
I-797. The approved Form I-730 will be sent by the Service to the
Department of State for forwarding to the American Embassy or Consulate
having jurisdiction over the area in which the refugee's spouse or child
is located.
(3) Benefits. The approval of the Form I-730 shall remain valid for
the duration of the relationship to the refugee and, in the case of a
child, while the child is under 21 years of age and unmarried, provided
also that the principal's status has not been revoked. However, the
approved Form I-730 will cease to confer immigration benefits after it
has been used by the beneficiary for admission to the United States as a
derivative of a refugee. To demonstrate employment authorization, the
Service will issue a Form I-94, Arrival-Departure Record, which also
reflects the derivative's current status as a refugee, or the derivative
may apply under Sec. 274a.12(a) of this chapter, using Form I-765,
Application for Employment Authorization, and a copy of the Form I-797.
(g) Denials. If the spouse or child of a refugee is found to be
ineligible for derivative status, a written notice explaining the basis
for denial shall be forwarded to the principal refugee. There shall be
no appeal from this decision. However, the denial shall be without
prejudice to the consideration of a new petition or motion to reopen the
refugee or asylee relative petition proceeding, if the refugee
establishes eligibility for the accompanying or following-to-join
benefits contained in this part.

[63 FR 3795, Jan. 27, 1998]


See also...

Eligibility Information: Who May Apply to Become a Lawful
Permanent Resident While in the United States?

http://www.uscis.gov/portal/site/usc...0045f3d6a1RCRD



You might also try to contact immigration lawyers below...

Donald C. Slowik
Slowik & Robinson, LLC
250 East Broad Street, Suite 250
Columbus, Ohio 43215

Tel: 614-884-4800
Fax: 614-884-4801

E-mail: Dslowik@s-r-law.com
Please visit us on the web at:
www.s-r-law.com