Question: I received my green card in Dec 2016 through the EB1 category. I am married since 2009 (well before I applied for the GC) and my husband is still abroad. Due to personal reasons we could not concurrently file I 485. We would like to proceed with his green card/visa application now. Can we avail the ‘follow-to-join’ or should I go through the normal?
Answer: The follow to join benefits are available to the preference categories if the people were married prior to the spouse approval of the immigrant visa/ permanent residence. By the information provided, you are qualified to apply for the following to join category. It requires petition of I-824 to USCIS followed by the immigrant visa processing at the consulate if the person being sponsored is abroad.