Getting a GC for spouse

[Nipster]

Hi all,
I'm a US citizen and would like to apply for GC for my wife who is currently on H-1b. According to the USCIS website I have to fill and submit I-130, I-864 and I-485 forms along with the necessary filing fees. The process seems to be self explanatory so far, however would like your opinions about if we should be doing this on our own or if we should contact an immigration lawyer and have them file the papers?

Any feedback on this from people who had gone through this recently would be much appreciated.

Thanks -Nipster

 

[BigJoe5]

You've already figured out the hardest part...finding the right forms. To clarify: YOU file the I-130 concurrently with HER I-485, I-765 and I-131. Each form has instructions, read them, follow them. You don't need a lawyer unless either of you have some criminal issues or past immigration violations.

A USC who repetedly petitions spouses or is a convicted child molester may be blocked from petitioning. A criminal or immigration violation can be a ground of inadmissibility for a beneficiary.

BUT since you are asking how to apply and she already has a visa, your case should be an easy one.

 

[Nipster]

Thanks BigJoe5. Any ideas on how long it would take? Also, I don't know which service center will process her paperwork? I live and work in TX and she lives and works in NY. I don't know if that matters.

Thanks -Nipster

 

[baikal3]

Thanks BigJoe5. Any ideas on how long it would take? Also, I don't know which service center will process her paperwork? I live and work in TX and she lives and works in NY. I don't know if that matters.

Thanks -Nipster

If you read the application instructions for I-130 (and I-485) carefully, you'll see that I-130 and the accompanying forms are submitted to the USCIS Chicago lockbox facility, regardless of where you and your wife live.

However, you should keep in mind that as a part of the application processing, the validity of your marriage will be examined by USCIS. The fact that you and your wife live in different states may raise some questions there.

 

[BigJoe5]

Thanks BigJoe5. Any ideas on how long it would take? Also, I don't know which service center will process her paperwork? I live and work in TX and she lives and works in NY. I don't know if that matters.

Thanks -Nipster

Which one of you will re-locate? Once the AOS package is filed, (for her as the spouse of a USC) and she has the filing receipt, she can work anywhere without further employer sponsorship or immigration paperwork. For a new employer, they would probably want her to show her EAD (Employment Authorization Document) (the EAD is applied for with the AOS package, all one price) but her current employer could move her to an office closer to you (IF that is a possibility) and the employer would not have to do any immigration paperwork to do that because she will be able to work on her (c)(9) EAD connected to your I-130 and her I-485.