Adjustment of status for H1b visa holde and us citizen spouse

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pat_val

Registered Users (C)
Hi!

Recently my wife has become US citizen. I am on H1b Visa. i would like to file Adjustment of status. She is not working rightnow. What forms i have to submit for adjustment of status? Please add or edit required forms from following list;

(1) I-485
(2)G325 or G325A (Please tell me which one i have to use)
(3) I-765
(4) I-864 (Affidevit of support)
(5) I-864A (As she is not working)

Please help me regarding this..

Thanks
 
Dont forget I-130 Petition for Alien Relative, I-131 (Application for Travel Document) if you want to travel in near future before I-485 approval
 
I appiled on the basis of her greencard in 2005. At that itme i submitted form I-130. Do i need to fill it again? Thanks in advance for your help.
 
How come you did not submit I-485 at time of I-130 filing in 2005, there are no quota requirements or waiting time for marriage to US Citizen to file I-485,
you would also file G-325A
 
Thanks for your valuable help. My I-130 was approved in 2005. And yes, she was not a citizen in 2005. So do i need to fill I-130 again to upgrade my information? And generally how long it takes to get my EAD card?
 
Hi !

Can you please answer Form# 765 question 16 and 17 in my case?

(16) Eligibility under 8 CFR 274a.12

(17) If you entered the Eligibility Category, (c)(3)(C), in item 16 above, list your
degree, your employer's name as listed in E-Verfy, and your employer's EVerify
Company Identification Number or a valid E-Verify
Client Company Identification Number in the space below.

what is E verify?
 
I dont think you have to refile I-130, but you might have to send I-130 upgrade letter addressed to service center where it is approved from advising them of change of category from family based 2A to Immediate Relative IR, for I-765 application for employment authorization, you are an adjustment applicant, it would be 16 (C) (9). Disreregard Q.17, it is not applicable in your case. It is more related to students who are applying form I-765 whose employers are enrolled in e-verify program
 
pat_val said:
Hi !

Can you please answer Form# 765 question 16 and 17 in my case?

(16) Eligibility under 8 CFR 274a.12

(17) If you entered the Eligibility Category, (c)(3)(C), in item 16 above, list your
degree, your employer's name as listed in E-Verfy, and your employer's EVerify
Company Identification Number or a valid E-Verify
Client Company Identification Number in the space below.

what is E verify?
Click to expand...
There is an excellent tool called search engine nowadays.
http://www.dhs.gov/xprevprot/programs/gc_1185221678150.shtm
 
Thanks for reaply. it's really great help for me. For I-130 upgrade, is there any form or i have to just draft a letter and send to them? what shoud i inculde in letter and what supporting documents do i need to send?
 
pat_val
Read carefully what your I-130 approval notice says, while filing I-130 if you have mentioned beneficiary is in US then you might have to send upgrade request to service center whichever approved I-130 plus filing I-485/765/131, etc else if you have mentioned beneficiary is outside US and would do consular processing, you might have to file upgrade request with NVC also plus I-130 upgrade request along with iling I-485/765/131 etc with service center
I believe you have to do either of two. I have attached I-130 upgrade sample request for CSC
 
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