Need Advice... FTJ/Accompanying

hi,

need your advice badly...

my wife got her immigrant visa thru consular processing(employment based-nurse, i140). we got married june 7 and she left the philippines june 10. the start of here residency is june 10, the day she arived in the US, written on her green card. she did not do i485 because of the consular processing of her i140.

our i824-Follow to Join was denied, reason for it, USCIS needs i485 approval to process i824.

USCIS told my wife that we should have got married before my wife received her Immigrant Visa, not before she left the Philipines or not before her admission to the US.

In the Foreign Affairs Manual, it says that for FTJ or Accompanying beneficiary, the marriage should have happend BEFORE the "admission" of the pricipal applicant to the US, not before the issuance of the immigrant visa.

we have already submitted papers in the US Embassy Manila for FTJ, but no reply yet.

my questions are:
a.) any advice?
b.) am i eligible/beneficiary for follow to join or accompanying spouse?

Foreign Affairs Manual-FAM: It says i am eligible for FTJ or as Accompanying Spouse.
1.) 9 FAM 40.1 N7 BASIS FOR "FOLLOWING TO JOIN" 2.) 9 FAM 40.1 N7.2 Spouse or Child Acquired Prior to Admission of Principal Alien 3.) 9 FAM 42.53 N6 DERIVATIVELY ACQUIRED PRIORITY DATES FOR SPOUSE/CHILD 4.) 9 FAM 42.53 N6.1 Spouse/Child Acquired Prior to Principal’s Admission 5.) 9 FAM 42.53 PN1 DETERMINING DERIVATIVE STATUS

God Bless...

judex

my wife got her immigrant visa thru consular processing(Shedule A), Philipines, April 2006. We got married June 7, 2006. She left the Philippines June 10, 2006, 3 days after our marriage.

we filed i-824-FTJ to USCIS, it got denied. i submitted FTJ requirements/documents in embassy Manila last Nov. 2, 2006. Nov. 7, 2006, the documents qualify for FTJ and i got my wifes case no. and priority date(Sept. 24, 2006). Just this month, my PD got current and i'm waiting for packet 4 within 120 days.

I did not received packet 3 coz i already submitted DS-230 to the embassy.

RULE FOR FTJ: you got married between IV issuance and admission to the US, your spouse is an FTJ beneficiary.

thank God!

judex

my wife got her immigrant visa thru consular processing(Shedule A), Philipines, April 2006. We got married June 7, 2006. She left the Philippines June 10, 2006, 3 days after our marriage.

we filed i-824-FTJ to USCIS, it got denied. i submitted FTJ requirements/documents in embassy Manila last Nov. 2, 2006. Nov. 7, 2006, the documents qualify for FTJ and i got my wifes case no. and priority date(Sept. 24, 2006). Just this month, my PD got current and i'm waiting for packet 4 within 120 days.

I did not received packet 3 coz i already submitted DS-230 to the embassy.

RULE FOR FTJ: you got married between IV issuance and admission to the US, your spouse is an FTJ beneficiary.

thank God!

judex

UPDATE:

just finished my interview last july 10. my IV got approved... thanks!

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