Filing I-130 on behalf of my GC wife

K

koiadmi

Registered Users (C)
Hello,


I am on H-1b visa, and my labor certification is in the process,
sponsored by my employer. Since it is taking too long, and I am already
in the H-1B extention age, so I am thinking about taking a parallel
route to the GC.


I have been married to a GC holder wife for more than a year. She has
just applied for citizenship. I never applied for any immigration
status on her behalf. If I file I-130 on her behalf for me, I have some
questions:


1. Is this strategy any good?
2. Would it affect my labor certification in anyways?
3. What forms I need to file along with I-130?
4. Should I wait for my wife to be citizen, or just apply now? Would it
save any time?
5. Do I have to even hire a lawyer to file this application? I looked at the application, and it seems pretty easy. One lawyer asked for around 1200 USD.



Thanks
 
Remember that if your wife is the GC holder then she will be the one filing i-130 for you. Having cleared that, 130 is an easy form to fill. Both your wife and you will need to also file the g-325A biographic forms (use the pdf fillable version, it's much easier).
With regards to strategy being good or bad, it is definitely recommended that you try both options. One wont affect the other since you still have your work based labor processing on going and you have technically not applied for "adjustment of status" yet. I have in fact seen some other postings, and experts correct me if I'm wrong, that seem to hint that even if your work based processing was further along than labor also, it does not matter.
If you do intend to file using this route, filing now or after your wife becomes a citizen does not make any significant difference. But having said that, I would recommend you to file right now, unless you have a strong reason to not do so.
How long before your wife becomes a citizen ? I have heard that work based GC applications have become extremely slow nowadays.
 
koiadmi said:
Hello,


I am on H-1b visa, and my labor certification is in the process,
sponsored by my employer. Since it is taking too long, and I am already
in the H-1B extention age, so I am thinking about taking a parallel
route to the GC.


I have been married to a GC holder wife for more than a year. She has
just applied for citizenship. I never applied for any immigration
status on her behalf. If I file I-130 on her behalf for me, I have some
questions:


1. Is this strategy any good?
It would be good if you start the process after your wife becomes a USC. This way, you can file your I-485 along with the I-130 and also get your EAD in 3 months.

2. Would it affect my labor certification in anyways?
No. Most likely your family based GC would be approved faster

3. What forms I need to file along with I-130?
Your wife fills I-130 and I-864. You file I-485, (optionally I-765, I-131, I-864A) and other supporting forms.

4. Should I wait for my wife to be citizen, or just apply now? Would it
save any time?
It is definitely advisable to wait till your wife gets her citizenship as you would save ~ 3-4 years. If you decide to do it now, your wife can only apply for I-130 and wait for 3-4 years for it to get approved and PD to be current before you can apply for I-485. If you file after she becomes a citizen, you can right away file your I-485 along with her I-130.


5. Do I have to even hire a lawyer to file this application? I looked at the application, and it seems pretty easy. One lawyer asked for around 1200 USD.
If you think your case is straight forward, like no criminal record, no illegal stay, filed taxes on time then you dont need a lawyer. Most of us here filed our applications on our own with help from other people here.


Thanks
Click to expand...
 
Any specific reason why filing 130 and 485 after spouse becomes a citizen, will be any faster than filing for 130 now, upgrading the 130 when spouse becomes a citizen while simultaneously filing 485?
I only ask because I'm in the latter category and I know that all one has to do (not me though, somehow my 130 was approved last month!) is to write a letter to INS to "upgrade" your 130 and also simultaneously file 485 and all other derivative forms as applicable.
Let me know your opinions
Thanks in advance.
 
You should file now. Since your file for citizenship recently, by the time she gets it your I-130 may be approved (even though no visa avail and you are waiting) depending on where you live. Then she can upgrade your application and its done.
 
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