H1B marrying a US Citizen

C

Colin91

New Member
I have an H1B that expires in July 2009. I am marrying a US citizen in July 2007. I have a few questions about the process:
1. On filing the I130 do I have to wait for an immigration number?
2. Can I file I-485 at the same time as the I130?
3. As I work on my H1B and am financially independent, do we have to file a I864 Affidavit of Support?
4. As my H1B is valid until 2009, can I travel during the process or do I need to file a I131 Advance parole?
5. As I have a valid H1B, do I need to file an I765 Application for Employment Authorization?
6. What other forms will we need to file?
7. Would filing forms together eliminate some of the new filing fees due to be introduced this year?

Thanks in advance for you help.
 
1. No. File I-130 at the same time as your I-485.
2. See 1. ;)
3. Your USC spouse needs to file an affidavit of support. If you live together you can use your income earned on an H-1B to meet the poverty level requirement. However the USC must still fill out the affidavit.
4. You can travel on your H-1B as long as it is valid, you don't need AP.
5. Unless you want to change jobs you can continue to work on your H-1B without getting EAD.
6. You need to get a medical, which will result in form I-693 and I-693A that needs to be filed. Your wife needs to file I-130, you need to file I-485, you need all the G-325As they ask for (2x4 copies for you 1x4 copies for your spouse), your wife needs to file I-864. All these go in the same envelope to the Chicago lockbox at the same time.
7. Filing early is the only way to avoid fee hikes.
 
Thanks

Much appreciated. So travelling on my H1b will in no way jepordise my gc application.

Thanks for your help.
 
Colin91 said:
Much appreciated. So travelling on my H1b will in no way jepordise my gc application.
Click to expand...
That is correct, an H-1B is called a "dual intent" visa, meaning that it remains valid while your AOS is processing. Most other visas become invalid the minute you apply for AOS.
 
How much time did it take for you to get the receipt from USCIS after submitting the forms to the Chicago lockbox?
Does the acknowledgement receipt contain the FP appointment date?

Thanks.

dr_lha said:
That is correct, an H-1B is called a "dual intent" visa, meaning that it remains valid while your AOS is processing. Most other visas become invalid the minute you apply for AOS.
Click to expand...
 
6. You need to get a medical, which will result in form I-693 and I-693A that needs to be filed. Your wife needs to file I-130, you need to file I-485, you need all the G-325As they ask for (2x4 copies for you 1x4 copies for your spouse), your wife needs to file I-864. All these go in the same envelope to the Chicago lockbox at the same time.
Click to expand...

Somebody on the other forum just got his forms back - he mailed I-130 and I-485 on the same day to Chicago lockbox in two SEPARATE certified mail envelopes. They were rejected, of course.
 
You must log in or register to reply here.
Top