Filing I-485 (I-130 is still pending)

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ramu2012

Registered Users (C)
Hi,

Like many others, I have some questions about filing I-485 (in August as I-130 dates become Current in August as per the latest visa bulletin). I am married to a green card holder and we filed I-130 in July 2012.

The I-130 is still "In Review". I understand that we can still go ahead and file I-485?

My next question is around what all documents do I need to file along with the I-485 and should these be filled WITH I-485 or separately?
I understand that I need to file:
1. I-485
2. I-693 - Report of Medical Examination and Vaccination Record
3. I-864, Affidavit of Support
4. G-325A, Biographic Information.

I am in the US on a VALID H1B and am currently working here. Do I still need to file the following:
5. I-765, Application for Employment Authorization
6. I-131, Application for Travel Document


Thanks!
 
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A follow up question to this one:

My wife (who is the green card holder and my sponsor) has no income right now (or in the past 5 years) as she has been a student. Will this be an issue when we file I-485/I-864? She has only filed taxes for 2012-13 (joint with me) and has not filed taxes before this period either (because she was not staying in the US. She was in India and had taken re-entry permits since 2005).

I have been earning in the US since January 2011 and my income has been well above the poverty line.
However, in the tax return filing for 2010-11 (last of the 3 years - 2010-11, 2011-12, 2012-13 that I-864 seems to require), I did not have income able the poverty line limit (because I was a student then). Do we need another joint sponsor?

I really appreciate your help here!
 
You can file the I-485 with a pending I-130, Make sure to include the I-130 receipt with it.

On the I-864, there is a question where the income of the immigrant (you) is to be listed. Since your income from legal employment in the US and far above the poverty line, you won't need a joint sponsor. Your current income is what matters most, and it's far enough above the poverty line that they won't care that earlier years were below the line. Make sure to include recent proof of income like the past 3 months of paystubs.

I am in the US on a VALID H1B and am currently working here. Do I still need to file the following:
5. I-765, Application for Employment Authorization
6. I-131, Application for Travel Document
Click to expand...
Those are not necessary right now because of your H1B, but if you lost your job you would also lose your H1B status and would need those items to work or travel before green card approval, so apply for them in case you end up needing them. There is no fee to apply for them in conjunction with an I-485.
 
Thanks for the reply Jackolantern,

quick question on filing for EAD and AP, if I DO file for these (and I am on H1B), will it affect my H1B renewal when it comes up? The only thing I am bothered about is what would happen if I-485 gets rejected for some reason. Will I loose the H1B then? or is it OK to keep both H1B and the EAD and AP?
 
ramu2012 said:
quick question on filing for EAD and AP, if I DO file for these (and I am on H1B), will it affect my H1B renewal when it comes up? The only thing I am bothered about is what would happen if I-485 gets rejected for some reason. Will I loose the H1B then? or is it OK to keep both H1B and the EAD and AP?
Click to expand...

It won't have any effect if you don't use them.
 
It is amazing how helpful you guys are! Thank you Jackolantern and newacct.

Another (probably silly) questions.
My employer is ALSO applying for a green card for me. They have already started the process and the filed for 9089 (with the Department of Labor) and I have an EB2 priority date for April 2013. I-140 has not been filled yet. My work lawyers are aware that I am applying via a family based process too.

When I file I-485 (family based) there is a question there that asks "Have you ever applied for permanent residence status in the US?". Should I answer YES and give them my Form 9089 case number there? By the time my 485 reaches them and is being reviewed, I am sure my work would have filed I-140 for me.

Thanks again!
 
Thanks for the clarification Jackolantern.

I have another question on I-864. As I stated, my wife (who is also my sponsor and the green card holder), has never had any income in the US and she is currently a student in the US.

On I-864, there is a question in Part 6 "My total income as reported on my Federal tax returns for the last 3 years". Should I be putting in my wife's income ($0) and mention that she has never filed taxes in the US (except joint taxes in 2012)? Or should this have my income here? Also, we filed joint taxes in 2012 so should the income for 2012 be our joint income and the rest be 0?
This is pretty confusing to me.

Thanks again for your help!
 
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