family based green card help

starlite

New Member
Hi everyone,

I am a GC holder and I got married in June 2005. My husband is an H1-B visa holder and his company has sponsored him for a GC. We are both Indian passport holders. I am thinking of applying for a family based green card for him. Is it possible for me to sponsor him while his GC is being processed by his company? If so, what are the list of documents required? I know that the I-130 form has to be filled out along with a G-325A for both of us, plus photographs of me and him.

-Does the form I-485 have to be filled out along with the I-130 or does that have to be filled out once he gets an immigrant visa # assigned to him?

-For the affidavit of support, does that have to be filed along with the I-130 form or later once a visa # is assigned?

- How long does it normally take for an immigrant visa # to become available? I live in Virginia.

- Is it recommended to file the form on our own or should we get help from a lawyer?

Any advice is appreciated! Thank you very much!
 
starlite said:
Hi everyone,

I am a GC holder and I got married in June 2005. My husband is an H1-B visa holder and his company has sponsored him for a GC. We are both Indian passport holders. I am thinking of applying for a family based green card for him. Is it possible for me to sponsor him while his GC is being processed by his company?
Yes.
If so, what are the list of documents required?
Right now, you can only file I-130 as you have to wait for a visa number to be issued.

I know that the I-130 form has to be filled out along with a G-325A for both of us, plus photographs of me and him.

-Does the form I-485 have to be filled out along with the I-130 or does that have to be filled out once he gets an immigrant visa # assigned to him?
He has to wait for I-130 to be approved and PD to be current before I-485 can be applied.

-For the affidavit of support, does that have to be filed along with the I-130 form or later once a visa # is assigned?
I-864 (affidavit of support) goes with the I-485.

- How long does it normally take for an immigrant visa # to become available? I live in Virginia.
~3-4 years. You will have to look at the DOS visa bulletin to see how your country is doing.

- Is it recommended to file the form on our own or should we get help from a lawyer?
While a lawyer is not a must, but having one makes your job easier if you are willing to spend some extra $$ for a competent lawyer. The forms are relatively simple but the instructions could be intimidating and confusing. After reading through them a couple of times, it starts to make sense. Most of us here filled out the forms on our own.

Any advice is appreciated! Thank you very much!
 
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