I130/I485, EAD Filing Question

helpmeimmi

Registered Users (C)
Hi,

I have recently married a US Citizen, I am waiting for the marriage certificate to come before I start filing for I130/I485 and EAD. I had a question on the same and was hoping that I could get some advise.

1. I have heard that for marriage based cases, I would have to file in the local service centers, is that correct?

2. Can I file for the papers in person, or do I only need to send the papers by mail?

3. I was married in CA, but am residing in MA, does that cause a problem for me, if I want to file in MA?

4. After filing for EAD, (if I do it in person) would I get the EAD on the spot, or does that take a while to get it.

Sincerely appreciate any responses from you all.

Thanks
helpmeimmi
 
Hi, congratulations on your wedding.
Now if I understand you right. You want to file the paper work. Your wife would have to file It for you. Along with all of your prove. You can't file it.
 
amiya, that is not totally correct..

helpmeimmi-

1. I have heard that for marriage based cases, I would have to file in the local service centers, is that correct?
For family based case, you generally file in the local service centers except in case of Baltimore etc. To be sure, please check the I-485 form. It gives clear instructions depending upon your residence...

2. Can I file for the papers in person, or do I only need to send the papers by mail?
This also depends on the center. For Ex in NJ you cant. Only thing then allow in person is advance parole..

3. I was married in CA, but am residing in MA, does that cause a problem for me, if I want to file in MA?
You can be married any where in US. You file at the place of residence... and its not a problem that you married outside MA.

4. After filing for EAD, (if I do it in person) would I get the EAD on the spot, or does that take a while to get it.
IT takes from 60-90 days in most places.. Most of the service centers dont allow to file in person..

goodluck
 
Thanks a lot SWaiting. Your answers were an eye opener and would help me take the proper path.
I would download the form and check if I can file in person.

Thanks again.
helpmeimmi

amiya, Thanks for your wishes.
 
Swaiting, the reason I give him that answer was because he said that he was going to file the paper work. He never mentioned anything about his wife filing for him.

The form a petitioner (wife) files for a beneficiary (husband) is the I 130. Because the wife has to sign the form. Unless he filed by himself due to abuse in the marriage.
 
hi Swaiting and Amiya,

you both sound to know most of the things . Will you pls answer my questions ?

I am marrying an american citizen next month. I am living in idaho where as she is in California.

1. Can i file the applications, 485, EAD and AP in the place where my fiancee lives instead of filing in the place where i live , considering the fact that the processing times are comparatively less in her district office ?

2. IS there any interview for getting EAD ? if so what kinda interview it would be ? and how long EAD can be valid ?

3. I am in H1B now and after getting EAD, can i move down to california and live & work there using my EAD ?

Please let me know.

Thanks in advance for ur inputs.
 
1. Can i file the applications, 485, EAD and AP in the place where my fiancee lives instead of filing in the place where i live , considering the fact that the processing times are comparatively less in her district office ?
Yes. you can do that. Show the civil marriage at your fiancee address. and as long as you can show the proof of address there, go ahead...

2. IS there any interview for getting EAD ? if so what kinda interview it would be ? and how long EAD can be valid ?
EAD interview is just a formality which requires proof of address, marriage, passport and ins receipt of filling. They take the picture and give it. Thats what they did in NJ...

3. I am in H1B now and after getting EAD, can i move down to california and live & work there using my EAD ?

Once you have the EAD, you can work anywhere in US....

goodluck
 
Thanks Swaiting for your response.

Could you please tell me how long approximately it takes to get an interview for naturalization from the day of filing the applications.

I can get the total processing time in the websites but i cant get the details of how long it will take to get an interview.

(This is in california processing center)

Please shed some light here.

thanks
 
Thanks sachin.

But i really want to know the duration between filing date and interview date. If swearing-in date is same as the interview date, then i got the answer from your previous response.
If the interview date will be scheduled somewhere before the swearing-in, then i would like to know the duration.

BTW, this is for my friend and he is from Santa Ana (Orange county).

Thanks in advance.
 
The oath depends on every district office and their policy.

in most cases once you pass your Interview you will recieve an invitation letter from INS for your Oath Ceremony where your friend can swear in as a USC with other people thats called a Judicial Oath.

the other is where you can swear in immediately after your interview which is called administrative oath.

it all depends on the local INS office and their policy.

Santa Ana is : 243-304 between filing and swearing in.

HTH
 
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