Applying for GC through USC Wife.

JerseyGuy76

Registered Users (C)
Hi,
I came to US on F1 and changed it to H1b and then applied for I-485 in 2007 through my Employer and and i'm on the EAD right now(Parole, since my H1 is expired).The priority date is in 2002 or something. Also have travel document and traveled outside US last month and came back.
I got married couple of months back and my wife is US Citizen. I'm looking to applying for my GC through her now coz its gona take less time (within 4-5 months).
DO I have to send all the forms again, like I130, I485, I765, I131 , I693 and affidavit of support? I'm thinking of applying my self.
Please advise if anybody in the same situation that what ned to be done, or do i have to just transfer my case from Employment based to Family based.?/ and what is the process

Thanks
 
hi,
I'm filling the AOS form and it asks about the Non-immigrant via number, Consulate where visa issued. I came to US on F1 and now i'm on advance parole. Should I put the Visa Number of my F1 or should I put any AP number.
My I485 is filed through my Employer as well, so in form I130 question 16, it ask about ,Has your relative been under immigration proceedings? what should I select.?

Please help. Thanks
 
No you have not been under any immigration proceedings unless you have had a deportation case, which does not look like you have, I am in the same boat as you. I filed the entire thing again thru my husband, a us citizen, so now I have two cases pending, u may interfile but I have heard that is a hit or miss so you are on the right track.
I left the visa number part blank since I don't have one, I am on advance parole like you too.
 
No you have not been under any immigration proceedings unless you have had a deportation case, which does not look like you have, I am in the same boat as you. I filed the entire thing again thru my husband, a us citizen, so now I have two cases pending, u may interfile but I have heard that is a hit or miss so you are on the right track.
I left the visa number part blank since I don't have one, I am on advance parole like you too.

Thanks TKD. So our status is Parole (AOS) right now and in form 485 I put 'Yes' for "Have you applied for permanent resident status in US' because of my previous 485 application through Employer..
 
The last time you entered was not with a nonimmigrant visa ... so leave the nonimmigrant visa number blank and you'll be fine. Just remember to write down the I-94 number that was given to you when you entered with Advance Parole, and put "Advance Parole" or "Parolee" where it asks for what status you last entered.
 
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Are you doing this process on your own? I wonder if it is better to do it with Attorney?
For green cards based on marriage to a USC, most people don't use and don't need an attorney unless they have something complicated like a criminal record or immigration violations.
 
Yes you are right to say your status is AOS, I wrote pending EB3 aos on mine and put my 4&5 receipt number too, don't forget to put your i94 number (the current) one. I agree that you don't need an attorney unless u have been under immigration proceedings like deportation or exceeding/violating your status prior.
Don't make the mistake I made by sending the forms in different envelopes, put all ur forms in one package and don't put any money for the I864, okay?
 
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