H1B Husband/US Citizen wife: Filing questions

engineer777

New Member
I am on H1B Visa (working for a reputable company), and it is up for renewal in March, 2011. The 6-year term of H1B expires in Sept, 2012. I recently got married to a US Citizen, and now planning to file my PR through immediate spouse sponsorship route.

Questions:
1. I have been researching all over, and looks like my wife and I should be filing all these documents concurrently? Please advise if I am missing a form or filing unnecessary documents.
G-325a (Both our Bios), I-130 (Petition for Alien Relative), I-485 (Adjustment of Status), I-864EZ (Sponsorship Letter), I-693 (Will get it through the Civil Surgeon), I-131 (Advanced Parole), I-765 (Application for Employment Authorization)

2. My wife (she is the US Citizen) is a student, and does not have an 'annual income' to show in the I-864EZ. She gets substantial student loans, but she is not full-time employed. I am employed so financially I do not need support--even though I understand why a form like this exists. How to resolve this?

3. Where does the fingerprinting process come into place in terms of timing?

4. I work for a US company, I am based out of US; however I travel extensively in my current job to Latin America and Asia. Pls keep this in mind when giving any advice related to AP. Is ongoing travel in my current job any problem with filing my application?

Will appreciate any help. Thank you in advance.
 
1. That's all the forms you need, but copies of supporting documents will be required ... marriage certificate, her birth or naturalization certificate or US passport, etc.

2. As the immigrant spouse your income can be used to meet the income requirements, but your wife will need to file I-864 and report your income on it for question 24(b); she's not eligible to use I-864EZ.

3. Approx. 3-6 weeks after filing the I-485.

4. You need to be in the US when the I-485 is filed (including when USCIS receives it), and also when the AP is filed. Normally you also have to remain in the US between the AP filing date and approval date, but I remember seeing a USCIS memo saying the AP will be valid for an H1B holder even if the individual left the US before AP approval, as long as they return before the H1B expires and will be returning to the same H1B employer ... but give me some time to find a link to it. But if you have an unexpired H1B visa stamped in your passport, you can use the H1B to reenter the US without caring about the Advance Parole.

And you need to be in the US for fingerprinting and the interview; those cannot be done outside the US unless you forgo the I-485 and choose consular processing.
 
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