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Family Based Green Cards - Through Marriage or a Relative Before posting a question here, please visit our FAQ to see if your question is answered here

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  #1  
Old 19th July 2005, 05:10 PM
rorya rorya is offline
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Posts: 39
Getting married to USC....Need details

Hey guys, I tried searching this forum for simple details, but it seems like every person has some sort of unique case and doesnt apply to me.
Im an H1-B holder and Im getting married to a USC. I did see a link before of a packet I need to download of all the forms but cant find it. So I need to know the following:

1. Where do I find the forms to fill out?
2. What is the timeline to get something temporary saying I can basically work for anyone?
3. My H1-B visa expires in December and Im getting married beginning of November, so should I get it extended(its not a 6 year limit yet) or is that enough time that I dont need to?

Thanks
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  #2  
Old 19th July 2005, 05:34 PM
fuzzynomad fuzzynomad is offline
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Join Date: Jul 2005
Posts: 16
As you begin to read the forms, you will be led to other forms...but firstly, you should extend your H1 especially since you have soem time left on it and because your marriage and existing H1 dates are too close to each other (y'know the bit about nobody being an attorney on this site, etc?).
Your USC spouse would need to file a I-130 (that, apart from the accompanying documentation, requires a G325A). Then, you need to file a 485 for Adjustment of Status (which will require an 864, I think, - Affidavit of Support and a 693 -for your medical with a Supplement A). Finally, you would need to file a 131 (Travel document) if you intend to dump your H1 job and travel outside the country prior to your green card coming thru. This is optional and actually be filed at any time before leaving the country. And, of course you need to file a 765 for your EAD or employment authorization that finally gives you the wings...you might havee additional forms to meet specific requirements applicable to your case, but in general, the above forms should suffice...good luck...
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  #3  
Old 19th July 2005, 05:36 PM
ari4u ari4u is offline
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Join Date: Jun 2005
Location: San Jose, California
Posts: 2,195
Quote:
Originally Posted by rorya
Hey guys, I tried searching this forum for simple details, but it seems like every person has some sort of unique case and doesnt apply to me.
Im an H1-B holder and Im getting married to a USC. I did see a link before of a packet I need to download of all the forms but cant find it. So I need to know the following:

1. Where do I find the forms to fill out?
2. What is the timeline to get something temporary saying I can basically work for anyone?
3. My H1-B visa expires in December and Im getting married beginning of November, so should I get it extended(its not a 6 year limit yet) or is that enough time that I dont need to?

Thanks
Hi, This question has been answered way too many times on this forum. If you had no luck searching, here is some information to get you started.

1. USC spouse fills form I-130
2. You fill I-485 to adjust status from H1B to LPR
3. You fill I-131 in case you wish to travel during AOS
4. You file I-765 if you wish to get Employment authorization during AOS
(In your case i recommend 3 and 4 since your H1B is expiring)

All forms can be found here...
http://uscis.gov/graphics/formsfee/forms/index.htm

Read this first...
http://uscis.gov/graphics/services/residency/family.htm

Also. Everything you need is in the instruction section of those forms. Pl read them carefully and if you have specific questions, ask away.

Good Luck!
__________________
Timeline
AOS: (San Jose)
04 Jul 05 : RD
11 Jul 05 : ND
21 Jul 05 : FP/Bio
01 Oct 05 : RFE
03 Oct 05 : iEAD
04 Nov 05 : AP Approved
07 Nov 05 : EAD Approved
08 Feb 06 : AOS Interview
08 Feb 06 : GC APPROVED !!
16 Feb 06 : Welcome Letter
24 Feb 06 : GC Received


I-751: (CSC)
29 Nov 07 : ND
19 Feb 08 : FP/Bio
28 Mar 08 : I-751 Approved !!
03 Apr 08 : Welcome Letter
04 Apr 08 : Card Received
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  #4  
Old 19th July 2005, 05:37 PM
RANE2202 RANE2202 is offline
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Posts: 44
Hi..The forms you need to apply are..I-130,G-325A,I-485,I-765,I-864, I-131(OPTIONAL)..You can download them from http://uscis.gov/graphics/formsfee/forms/index.htm

Once you get in to the process and receive NOA's, youcan stay in the country but you can't work until you get EAD.which might take approx 60-90 days.Good luck
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  #5  
Old 19th July 2005, 05:40 PM
cherr1980 cherr1980 is offline
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Join Date: Jun 2005
Posts: 2,272
Quote:
Originally Posted by rorya
Hey guys, I tried searching this forum for simple details, but it seems like every person has some sort of unique case and doesnt apply to me.
Im an H1-B holder and Im getting married to a USC. I did see a link before of a packet I need to download of all the forms but cant find it. So I need to know the following:

1. Where do I find the forms to fill out?
2. What is the timeline to get something temporary saying I can basically work for anyone?
3. My H1-B visa expires in December and Im getting married beginning of November, so should I get it extended(its not a 6 year limit yet) or is that enough time that I dont need to?

Thanks
1. www.uscis.gov On your right side there is a part of "How do I?Frequently Asked Questions" Look for spouse or marriage.
2. After you apply, and get your FP & Bio done and if everything goes fine you will received your EAD. Overall is at least 90 days after your application is received. Can be sooner can be later.
3. don't know.

good luck,
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  #6  
Old 19th July 2005, 05:41 PM
amishah amishah is offline
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Join Date: Oct 2004
Posts: 1,046
Quote:
Originally Posted by rorya
Hey guys, I tried searching this forum for simple details, but it seems like every person has some sort of unique case and doesnt apply to me.
Im an H1-B holder and Im getting married to a USC. I did see a link before of a packet I need to download of all the forms but cant find it. So I need to know the following:

1. Where do I find the forms to fill out?
On World famous website www.USCIS.gov
2. What is the timeline to get something temporary saying I can basically work for anyone?
After filing all forms, you will get work permit within 3 months.
3. My H1-B visa expires in December and Im getting married beginning of November, so should I get it extended(its not a 6 year limit yet) or is that enough time that I dont need to?
If want to continue working without break, it is a good idea to get extention to your H1 since it takes atleast 2 months to get work permit. Otherwise statuswise you will be ok if don't exted your H1 and file for GC immidiately after getting married.
Thanks
__________________
Mailed I-130, I-485, I-131 and I-765- 03/31/2005
Received Receipt Notices for I130, I485, I765 & I131 on 04/12/2005
FP & Biomatric completed 05/06/2005
AP approved online 05/25/2005
Received AP in the mail 05/31/2005
EAD approved online 06/01/2005
Received corrected EAD card on 06/25/2005
Received Interview Letter 10/24/2005
Interview 01/24/2006( FBI name check pending)
FBI Name Check Initiated 04/22/2005
Refingerprinted for I 485 03/21/2008
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  #7  
Old 19th July 2005, 09:40 PM
rorya rorya is offline
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Join Date: Jan 2004
Posts: 39
Thanks

Hey guys thanks!!! I know this must of been answered many times but try doing a search for "marry" and see how many topics there are? 100's.
This is exactly the info I need, so thanks for taking the time to answer!! Much appreciated!
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  #8  
Old 19th July 2005, 11:47 PM
ari4u ari4u is offline
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Join Date: Jun 2005
Location: San Jose, California
Posts: 2,195
In the spirit of helping others in need, you just witnessed so many helpful people pounce on this thread to reply to your post (in a span of 5 mins).... But dont expect it to happen again

For your question, you would normally get replies like "Search the forum", "Look here", "Oh no, not this question again" or no replies at all. Guess it must have been your lucky day too.

An oh, i guess the search engine on this forum is not smart enough to understand and relate the word "marry" with Green card, permanent residency, EAD, AP, FP and the other names used by USCIS. So please try to search using all possibilities and keywords before you ask a question here. Your exact question and situation has been answered way too many times on this forum.

Good Luck
__________________
Timeline
AOS: (San Jose)
04 Jul 05 : RD
11 Jul 05 : ND
21 Jul 05 : FP/Bio
01 Oct 05 : RFE
03 Oct 05 : iEAD
04 Nov 05 : AP Approved
07 Nov 05 : EAD Approved
08 Feb 06 : AOS Interview
08 Feb 06 : GC APPROVED !!
16 Feb 06 : Welcome Letter
24 Feb 06 : GC Received


I-751: (CSC)
29 Nov 07 : ND
19 Feb 08 : FP/Bio
28 Mar 08 : I-751 Approved !!
03 Apr 08 : Welcome Letter
04 Apr 08 : Card Received
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