H1B to Green Card on marriage basis

A

axepatel

New Member
Hello,

I am currently on H1B.
I married a US citizen girl.
I want to apply for Greencard on my marriage basis.

Which forms should I fill out for the same?
What is the procedure if anyone has experieced the same?

Thank You.
A P
 
Your wife fills out I-130, and you fill out I-485. You have the option to fill out I-765 (EAD for work authorisation, if your H1-B is going to run out before you get your Green Card) and I-131 (AP, if you want to travel if your H1-B runs out before your get your GC).

To make things go faster, you should file I-130 and I-485 together (in the same envelope), with the supporting forms and any of the optional ones to the Chicago lock box (address on front of I-485).
 
Send forms I130 and I485 together to Chicago lockbox.

Fill out Form I765 if you want an EAD and 131 if you want Advanced Parole. Since you have an H1B you don't need either, but it's there as an option for you if you think you need 'em.
 
Thanks a lot friends.

Now I am filling out the forms by my own. Is there any free guidance available to fill out the confusing part of a few forms?

I have a few more questions:

- When do I need to do the medical examination? Before applying or when they ask for it?
- Since I am already working here, and earning on my own, does my wife need to file the Affidavit of Support?

Please guide me.

Thank You.
A P
 
axepatel said:
Thanks a lot friends.

Now I am filling out the forms by my own. Is there any free guidance available to fill out the confusing part of a few forms?

I have a few more questions:

- When do I need to do the medical examination? Before applying or when they ask for it?
- Since I am already working here, and earning on my own, does my wife need to file the Affidavit of Support?

Please guide me.

Thank You.
A P
Click to expand...

1. Do the medical exam and send it WITH the application.

2. Yes, she does. If she does not qualify by herself( do not make enough money at the required level), your income can be used if you have been living together for 6 months or longer. In that case you would also need to complete I864A Contract between sponsor and household member(you being the household member). If you lived together less than 6 months, you could also get a joint sponsor(see instructions)
 
I don't believe the 6 months is required anymore on the new I-864s. As well, if the intending immigrant is going to use their income, they're actually NOT required to fill out another form. They just have to prove that they are living in the same household as the sponsor and that they will be working at the same place after they get their card, as well as making the same income.
 
cdnchris said:
I don't believe the 6 months is required anymore on the new I-864s. As well, if the intending immigrant is going to use their income, they're actually NOT required to fill out another form. They just have to prove that they are living in the same household as the sponsor and that they will be working at the same place after they get their card, as well as making the same income.
Click to expand...
Damn I wish I hadn't just missed out on the new I-864. It would have saved me some grief and notarizing fees!
 
cdnchris said:
I don't believe the 6 months is required anymore on the new I-864s. As well, if the intending immigrant is going to use their income, they're actually NOT required to fill out another form. They just have to prove that they are living in the same household as the sponsor and that they will be working at the same place after they get their card, as well as making the same income.
Click to expand...

Good catch - you are absolutely right! I really should become more acquainted with the new forms...
 
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