GC process based on wife

ImmigrantBoy

Registered Users (C)
Hi friends,
i went thru some of the forums about the green card based on the spouse. it is very helpful, thank u!

My wife is getting citizenship next week and i am on H1-B visa i need to know following things to apply for my EAD and GC.

-Can i apply immdiately as soon as she gets citizenship?
-I am on H1-B visa, my priority is EAD card first and then GC. So, what is the process for EAD and GC?
-What are the documents i have to sent to them?
-Do i need to take help from Attorney in this? Is it simple enough to do it by myself?
-Please send me all form numbers and exact process for this.

I really appreciate it.

Thanks
Good luvk to all.
 
Here's my generic advice, based on my experience filing for my Aussie wife...

After marriage, you need to file for "Adjustment of Status" (AOS) for the immigrant spouse. That involves filing several forms. Try to do it while the immigrant spouse is still "legal" (before visa expiration).

See "Sponsoring a Fiance or Spouse for a Green Card" http://tinyurl.com/34m9q (same as http://www.nolo.com/lawcenter/ency/...C37/catID/C08A0295-9AFE-4F69-A9B7AEE732ECA9AB) . Note that it's illegal to enter the US as a tourist with the pre-formed intention to marry. It's considered "visa fraud". But it's ok to form the decision to marry *after* entry. If you entered as a tourist, you may want to consult with an experienced immigration lawyer.

You can get great advice here:

http://forums.about.com/ab-immigration/messages

news:alt.visa.us.marriage-based (if you don't have a newsreader, you can also access it via web browser at http://snipurl.com/4bcz which is the same as http://groups.google.com/groups?hl=en&lr=&ie=UTF-8&oe=UTF-8&group=alt.visa.us.marriage-based).

http://www.visajourney.com

While I haven't read it I would have gotten this book if I'd known about it in time, since Nolo Press has a good reputation in the legal self-help field: "Fiance & Marriage Visas: A Couple's Guide to U.S. Immigration" http://tinyurl.com/37ppc (same as http://www.nolo.com/lawstore/products/product.cfm/ObjectID/E0F68B91-2668-463B-8524281B1AB24AB9 .

Lots of info to be found here: http://travel.state.gov/spouse_fiance(e).html .

This is useful: http://www.visajourney.com/forums/index.php?pg=compare .

Also this: "Application To Register Permanent Residence or Adjust Status" form: http://uscis.gov/graphics/formsfee/forms/i-485.htm. Especially this part: http://uscis.gov/graphics/formsfee/forms/i-485.htm#fba .

Note that if the immigrant's I-94 is stamped "NO AOS, NO EOS" then all bets are off and you need a lawyer.

Start collecting *certified* copies of *both* your birth certificates, *original* (i.e. as issued directly by the court) copies of any divorce decrees, and the immigrant spouse's vaccination records (to avoid needless re-vaccination).

Start saving $500 or more (depending on whether you file for advance parole) for filing fees, and $150 or more (if you need extra lab tests or vaccinations) for an immigration medical exam.

Here's how to assemble your package: http://uscis.gov/graphics/fieldoffices/scnational/index.htm#H . Make sure that you place *original* signatures on each piece of paper requiring a signature (including all four copies for each of the two biography forms -- use a blue pen so that the CIS can't mistake an original signature for a reproduced one.

Send reproduced *copies* of your supporting legal documents (such as birth certificates and marriage certificates) to the CIS, but save the *certified* originals to take along to interviews. The reason you do this is that the CIS loses things, and you don't want them to lose your originals. However, they may ask to see the originals at interviews -- after examining them they will hand them back at the same interview.

Make sure you put *original* signatures on each document, including a separate original signature on each of the four copies of each biography form. Use blue pen, so it's obvious to the CIS examiner that the signature is an original.

Some CIS offices require that the medical exam be done *prior* to filing, and the resulting sealed envelope from the doctor included in the filing. Check with your CIS office's requirements.

Make sure all photos are ADIT <http://uscis.gov/graphics/lawsregs/handbook/m-378.pdf> photos rather than passport photos.

Remember to never lie to the CIS either verbally or in writing. There are ways to fix problems, but it makes things much harder to be caught in a lie.

If the immigrant spouse has ever gotten a "bad record" with the CIS such as by overstaying a US visa in the past, or if you don't get the AOS papers filed before the expiration of the immigrant's current legal stay in the US, then the immigrant mustn't leave the US again for any reason until he gets his green card! He'll still be legal in the US once the "AOS" papers are filed, but if he leaves he might not be able to get back in (no it doesn't make sense, don't expect things to make sense).

If you file before the immigrant's current legal stay expires and the record is otherwise clean with the CIS, then you can file I-131 and ask for "advance parole" for him to leave and re-enter the US while the paperwork is being processed -- but even then he shouldn't leave the US until he holds that AP paper in his hands.

Write separate checks for each application. Make sure they aren't going to bounce.

Make a copy of the entire package, meaning every single bit of paper that you are about to send including the checks, and save the copies! The CIS is quite capable of losing all or part of of your AOS package, and it's *your* problem to provide replacement copies if that happens. Then, mail the package "Certified Mail with Return Receipt Requested" (unless your CIS office accepts in-person delivery and you chose that option of course).

Then start making a scrapbook of your marriage. Pictures, letters, emails, whatever you could show the CIS official at your AOS interview to make him instantly convinced that you have a bona fide marriage.

Good luck with it all,
Joe


---
Caveat Reador: I am just another CIS supplicant and immigration amateur. You're on your own. My advice may be worth even less than what I charge for it, so verify it with other sources (such as a real lawyer <http://www.aila.org/> ) to your own satisfaction before acting on it.

"You can't argue with belief." -- Unknown
 
Very informative post

Tanaats,

This post was very informative and useful.
It should be part of an FAQ on the process.
you may want to suggest the same to the forum.
Such posts are one stop shops in the "ALL YO NEED TO KNOW" area.
 
Thank you, and good luck with the process. Filling out those forms is a royal pain in the behind. :)

Joe
 
It sure is a pain. I wish I had come across your post 2 years ago.
It would have been useful then.
At the moment I'm just playing the waiting game having finished my interview almost a year ago.
 
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