Getting Married Soon. I need some help.

H

hoogkade

New Member
Hi All,

This page has been tremendously helpfull so far but I am still stuck with a lot of questions. I am getting married in July and want to be as prepared as possible (since I am trying to transfer to a new company ASAP). I am currently an H-1B, but this is expiring in December.

My Questions:
1. I think I need to file the following documents: I-130, G325A (1 for me and 1 for my wife), I-485, I-693, I-765 and finally an I-131. Since there are so many 'where-to-file instructions' on all individual documents, I do not understand anymore what to send where. Do I need to send all the documents to the same lockbox in Chicago or do I need to send all documents to a local office or finally, do need to send different documents to different places? :confused:

2. When can I start working on the I-765 (I really need to leave my current employer, but can not extend my H-1B passed December 2006)? Can I start working on the new document as soon as it is received or as soon as it is approved? What are the steps required for approval and how long does this typically take? (is this even possible by December)

3. I-131 allows you to travel abroad, which I would very much like to do for our Honeymoon and during the 2 years of 'temporary status'. What should I apply for: a reentry permit or a parole document?

4. Once you are married and I-130 is pending, do you have to leave the US? (say if my H1-B expires) Am I allowed to work when my I-130 and I-765 are pending?

I really appreciate your help! (Afraid more questions to come)
hoogkade :)
 
First of all, you can find a lot of helpful information in Ari4u's AOS Interview Timeline thread and in the FAQ list on the USCIS official website: www.uscis.gov

1. Send all your packages to the Chicago Lockbox. I know it's a little confusing, but this is where you have to send all of it.

2. They need around 30-90 days to process the I-765. If you have waited more than 90 days and you haven't received a RFE (request for further evidence), you can get an iEAD (interim EAD). It is very very likely that it will be approved way before December, if you apply now.
Oh, and it has to be approved to be valid.

3. If you want to travel, you have to apply for Advance Parole (I-131). I take it that you haven't overstayed your visa. Do not use the AP if you have overstayed your visa.

4. If you are married to a USC (not sure about LPRs), you can stay in the US while your AOS is pending. You have to have an EAD to be able to work.
 
Last edited by a moderator:
hoogkade said:
Hi All,

This page has been tremendously helpfull so far but I am still stuck with a lot of questions. I am getting married in July and want to be as prepared as possible (since I am trying to transfer to a new company ASAP). I am currently an H-1B, but this is expiring in December.

My Questions:
1. I think I need to file the following documents: I-130, G325A (1 for me and 1 for my wife), I-485, I-693, I-765 and finally an I-131. Since there are so many 'where-to-file instructions' on all individual documents, I do not understand anymore what to send where. Do I need to send all the documents to the same lockbox in Chicago or do I need to send all documents to a local office or finally, do need to send different documents to different places? :confused:
Chicago Lock box

2. When can I start working on the I-765 (I really need to leave my current employer, but can not extend my H-1B passed December 2006)? Can I start working on the new document as soon as it is received or as soon as it is approved? What are the steps required for approval and how long does this typically take? (is this even possible by December)
If you file in july, you should get EAD atleast by sep-oct provided you dont get an RFE which might delay your EAD by another couple of weeks

3. I-131 allows you to travel abroad, which I would very much like to do for our Honeymoon
I assume you would like to go for your honeymoon right after the wedding. You would still be on H1-B as you dont have your EAD yet. You may want to use your H1-B for travel

and during the 2 years of 'temporary status'. What should I apply for: a reentry permit or a parole document?
I assume you are asking about travel when you have a conditional GC. You dont need any travel document after you get your GC. Also, if you dont plan to stay out of the US for more than one year but less than 2 years, you dont need a re-entry permit. If you dont have your GC and dont have your H1-B either, you need AP to travel. If you still have your H1-B, you can travel using that (I dont think you have a choice other than using H1-B).

4. Once you are married and I-130 is pending, do you have to leave the US? (say if my H1-B expires) Am I allowed to work when my I-130 and I-765 are pending?
My advise to you is to hold on to your H1-B till you get your EAD. You dont have to leave US after you apply, you file I-485 so you can adjust status from a non-immigrant H1-B to a permanent resident. You can work with your H1-B till your EAD is approved

I really appreciate your help! (Afraid more questions to come)
hoogkade :)
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