How do my spouse apply GC for me(H1B visa)?

S

stonexu1984

Registered Users (C)
My wife is US citizen but non-native and we just got married few days ago. She is going back to our own country next month to prepare for the wedding ceremony there, which is around late Oct, by that time i will go back for 2 weeks (that's all the vacation days I have).

I have few questions about the procedure and the timelines, since I am currently H1B

1. Do I need to apply EAD and AP? I know I can go back with H1 visa, but with AP I don't need to go the embassay in my country.

2. If my AP is still pending by the time I go back (late Oct.), will it invalid itself once I leave the US AND will it affect my GC application AND my current H1 status?

3. My wife will be absent in the next 3 months until late Oct, will I receive anything that needs her signature or her physical presence?

4. I saw the supplemental doc. for I-130, but currently we are not living together(at least on her driver license the address are not same). and we don't have any joint properties yet( we are going to open a joint account). How do we handle this?

5. DO I have to file medical doc with I485 & I130?

6. How long will I receive Ap & EAD & interview notice?

7. What if we are both in our own country when we receive interview notice? we will back to US around early Nov.


I appreciate you help! again!
 
Here are options

stonexu1984 said:
My wife is US citizen but non-native and we just got married few days ago. She is going back to our own country next month to prepare for the wedding ceremony there, which is around late Oct, by that time i will go back for 2 weeks (that's all the vacation days I have).

I have few questions about the procedure and the timelines, since I am currently H1B


1. Do I need to apply EAD and AP? I know I can go back with H1 visa, but with AP I don't need to go the embassay in my country.


2. If my AP is still pending by the time I go back (late Oct.), will it invalid itself once I leave the US AND will it affect my GC application AND my current H1 status?

3. My wife will be absent in the next 3 months until late Oct, will I receive anything that needs her signature or her physical presence?

4. I saw the supplemental doc. for I-130, but currently we are not living together(at least on her driver license the address are not same). and we don't have any joint properties yet( we are going to open a joint account). How do we handle this?

5. DO I have to file medical doc with I485 & I130?

6. How long will I receive Ap & EAD & interview notice?

7. What if we are both in our own country when we receive interview notice? we will back to US around early Nov.


I appreciate you help! again!
Click to expand...


My Suggestions to is use your H-1 B visa to visit the home country and get married. After you and you wife get back here to the U.S apply for a concurrent I-130/I-485/G-325 A / I-693 medical /I-864 forms and files them in the U.S Chicago Lockbox. EAD/AP forms are optional since you are already on a H-1 Visa.
 
Here are options

stonexu1984 said:
My wife is US citizen but non-native and we just got married few days ago. She is going back to our own country next month to prepare for the wedding ceremony there, which is around late Oct, by that time i will go back for 2 weeks (that's all the vacation days I have).

I have few questions about the procedure and the timelines, since I am currently H1B


1. Do I need to apply EAD and AP? I know I can go back with H1 visa, but with AP I don't need to go the embassay in my country.


2. If my AP is still pending by the time I go back (late Oct.), will it invalid itself once I leave the US AND will it affect my GC application AND my current H1 status?

3. My wife will be absent in the next 3 months until late Oct, will I receive anything that needs her signature or her physical presence?

4. I saw the supplemental doc. for I-130, but currently we are not living together(at least on her driver license the address are not same). and we don't have any joint properties yet( we are going to open a joint account). How do we handle this?

5. DO I have to file medical doc with I485 & I130?

6. How long will I receive Ap & EAD & interview notice?

7. What if we are both in our own country when we receive interview notice? we will back to US around early Nov.


I appreciate you help! again!
Click to expand...


My Suggestions to is use your H-1 B visa to visit the home country and get married. After you and you wife get back here to the U.S apply for a concurrent I-130/I-485/G-325 A / I-693 medical /I-864 forms and files them in the U.S Chicago Lockbox. EAD/AP forms are optional since you are already on a H-1 Visa.


The other option is to file for I-130/I-485/G-325 A / I-693 medical /I-864 forms right away and you need to wait for your AP to be approved to leave the U.S for the visit. Add her name to the lease and utility bills are proof that you are more married along with the marriage certifcate.
 
stonexu1984 said:
1. Do I need to apply EAD and AP? I know I can go back with H1 visa, but with AP I don't need to go the embassay in my country.
Click to expand...
You need to either get the AP, or visit the consulate for H1 visa stamping.

There is no charge to apply for the EAD or AP. Get the EAD in case you need to change jobs.
2. If my AP is still pending by the time I go back (late Oct.), will it invalid itself once I leave the US AND will it affect my GC application AND my current H1 status?
Click to expand...
Yes the AP will be invalid if you leave before it is approved. Although some people get away with it because USCIS doesn't realize that they left the US before the approval. Your H1 won't be affected.
4. I saw the supplemental doc. for I-130, but currently we are not living together(at least on her driver license the address are not same)
Click to expand...
Does her license reflect her current address? By law the license must be changed to reflect her current address within 30 days (or 45 days or whatever the rule is in her state). Auto insurance companies can use this is a reason to deny payment, so she should get the license changed ASAP if it doesn't reflect where she is living.
5. DO I have to file medical doc with I485 & I130?
Click to expand...
Yes it has to be filed with the I-485. But not with the I-130 if the I-130 is being filed before the I-485.
6. How long will I receive Ap & EAD & interview notice?
Click to expand...
AP & EAD usually approved in 1-3 months. Interview may happen anywhere from 3 months to more than a year.
7. What if we are both in our own country when we receive interview notice? we will back to US around early Nov.
Click to expand...
They will deny your I-485 if you don't show up for the interview. You need to have somebody checking your US mailbox, and be prepared to cut your trip short to return for the interview if necessary.

You also have to show up for the fingerprint appointment, which may be as soon as 3 weeks after you file the I-485, or as late as a 2-3 months after you file it. If you and she are unable to be in the US for the GC-related activities, maybe she should only file the I-130 right now, then wait until after returning in November to file the I-485 and other papers.
 
Last edited by a moderator:
thanks for the suggestion, but we don't want to waste 3 months... it's good for me to get GC ASAP


Nav102 said:
My Suggestions to is use your H-1 B visa to visit the home country and get married. After you and you wife get back here to the U.S apply for a concurrent I-130/I-485/G-325 A / I-693 medical /I-864 forms and files them in the U.S Chicago Lockbox. EAD/AP forms are optional since you are already on a H-1 Visa.
Click to expand...
 
Thanks for such detailed answer!

as for Q4, her Driver license doesn't reflect her current address, after we get married, does she have to change the address to my or her address? Is there any way to proof that we are living together, like bills? or bank account address? or even change her mail address?


As for Q7, ususally what is the date range for the interview after we receive the notice? like in 30days or 60 days or a fixed given date? Can we reschedule the interview?

There is another Q. as for the EAD/AP, IF I apply it but not use it, will I still keep my H1 status? so that I can bring the AP with me, if H1 get checked i can still use AP to get back..


Jackolantern said:
You need to either get the AP, or visit the consulate for H1 visa stamping.

There is no charge to apply for the EAD or AP. Get the EAD in case you need to change jobs.

Yes the AP will be invalid if you leave before it is approved. Although some people get away with it because USCIS doesn't realize that they left the US before the approval. Your H1 won't be affected.

Does her license reflect her current address? By law the license must be changed to reflect her current address within 30 days (or 45 days or whatever the rule is in her state). Auto insurance companies can use this is a reason to deny payment, so she should get the license changed ASAP if it doesn't reflect where she is living.

Yes it has to be filed with the I-485. But not with the I-130 if the I-130 is being filed before the I-485.

AP & EAD usually approved in 1-3 months. Interview may happen anywhere from 3 months to more than a year.

They will deny your I-485 if you don't show up for the interview. You need to have somebody checking your US mailbox, and be prepared to cut your trip short to return for the interview if necessary.

You also have to show up for the fingerprint appointment, which may be as soon as 3 weeks after you file the I-485, or as late as a 2-3 months after you file it. If you and she are unable to be in the US for the GC-related activities, maybe she should only file the I-130 right now, then wait until after returning in November to file the I-485 and other papers.
Click to expand...
 
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