What Is Following to Join
Following to join is a mechanism that allows certain family members to immigrate to the United States after the principal applicant has already been admitted or adjusted status. Instead of everyone filing simultaneously, the principal beneficiary enters first, establishes residency or obtains a green card, and then petitions for eligible family members to follow later.
This applies primarily in employment-based immigration (EB-1, EB-2, EB-3 categories) and some family-based petitions. The key requirement is that family members were listed on the original Form I-140 (Immigrant Petition for Alien Worker) as derivative beneficiaries at the time of filing. They cannot simply be added later as new beneficiaries.
Visa Categories and Eligibility
Following to join eligibility depends on how you immigrated. In employment-based petitions, unmarried children under age 21 and spouses can be named as derivative beneficiaries on the I-140. If the principal gets a green card first, these family members maintain their original priority date and can follow afterward without starting the process over.
For family-based immigration under immediate relative petitions (IR-2, IR-3, IR-4 for children of U.S. citizens), following to join does not apply. Immediate relatives must file separate I-130 petitions. However, in preference categories (F2A, F2B for family members of permanent residents), following to join can apply to spouses and unmarried children listed as derivatives.
The priority date is critical. All derivative beneficiaries share the original priority date with the principal. If the principal's priority date becomes current and they adjust status or complete consular processing, the derivatives' dates move forward in the queue as well.
The Process Step by Step
- Original filing: Principal applicant files I-140 (employment-based) or I-130 (family-based) with family members listed as derivatives. The USCIS assigns a priority date to the entire petition.
- Principal benefits first: Once the priority date becomes current, the principal applies for adjustment of status (Form I-485) or schedules consular processing depending on whether they are in the U.S. or abroad.
- Green card approval: The principal receives their green card. The approval notice will show the priority date for the entire beneficiary group.
- Derivatives file later: Once the principal has established status, the family members can file their own I-485 petitions (if adjusting in the U.S.) or proceed with consular processing abroad. They use the same priority date as the principal.
- Timing consideration: Derivatives must file their applications while their priority dates remain current. Priority dates can move backward if visa availability decreases.
Important Requirements and Rules
- Derivatives must have been listed on the original petition when it was filed with USCIS. Adding family members after the I-140 or I-130 approval means they start their own priority date from scratch, losing the advantage of following to join.
- Age restrictions apply. For employment-based petitions, unmarried children of the principal must be under age 21 at the time the principal's I-485 is approved. If a child turns 21 before the principal's green card is issued, they typically age out and cannot follow.
- Spouses can follow at any age if listed as derivatives, but divorce or remarriage of the principal can complicate matters and may disqualify the spouse.
- The principal must establish a new petition to bring spouses and children. Form I-485 filings for derivatives cannot proceed until the principal has approved status, even if the priority date is current.
Consular Processing and Adjustment of Status
Derivative beneficiaries can choose between adjustment of status (if in the U.S.) or consular processing (if abroad). If derivatives are outside the U.S., they typically use consular processing, which involves an interview at a U.S. embassy or consulate. The National Visa Center (NVC) will notify eligible derivatives when their priority date becomes current and their case is ready for processing.
Adjustment of status requires that derivatives be physically present in the U.S. and eligible under INA 245(c). Some visa overstay situations, prior work without authorization, or unlawful entry can block adjustment eligibility, making consular processing the only option even if the person is in the country.
Common Questions
- Can I add my spouse to my petition after filing if I forgot to list them initially? No. Your spouse would need to file a separate petition with a new priority date. Adding them to an existing petition is not permitted. Only those listed on the original I-140 or I-130 filing can follow to join.
- What happens to my child's priority date if they turn 21 before my green card is approved? Your child ages out and loses derivative beneficiary status. They cannot follow to join. They would need to file their own petition separately with a new priority date. This is why timing is critical in employment-based cases.
- If I adjust status first, can my spouse immediately file for adjustment too? Not immediately. Your spouse must wait until you receive your approved green card and establish your status. Only then can they file their own I-485 or proceed with consular processing. The USCIS will not process their application before yours is fully approved.
Related Concepts
- Derivative Beneficiary - Family members listed on an immigration petition who share the principal applicant's priority date.