I have a bunch of questions here, Im a newbie and hope someone here would be kind enough to answer the questions. Thanks in advance for your comments.
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I am a H1-B visa holder. I have a Labor Certification Application (RIR) pending, by my current company, in the Backlog Reduction Center.
I have been in the US since January, 14, 2001 on H1-B. I have used 4 years and 9 months of my H1-B quota.
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* If I get marrired now, I have to move from my city, quitting my job, forfeiting my RIR LCA.
I will apply for a H1-B from my new company, who may or may not apply for LC (PERM)
Can my would-be-spouse (who is a US citizen) apply for my Green Card after marriage?
Yes
Is this the I-130 petition for Alien Relative?
Yes
How long should I be married to apply? Is there a limitation on how soon after marriage I can apply?
No. You can file the day you get your marriage certificate.
Is I-130 required for I-485, or Can I use the H1-B approval instead for I-485?
This process is different from employment based GC. You need I-130 to prove a relationship with the USC when you file I-485.
If required, Can I apply for I-485 (Adjustment of Status) along with I-130 ?
Yes. As the spouse of a USC, you are eligible to file the I-485 concurrently with the I-130.
* What is required from my spouse along with I-864 Affidavit of support?
- financially, as in how much money does she need to have in the bank.
If she earns more than the minumim income requirements against the poverty guidelines, it doesnt matter how much money you need to show as saved in the bank.
- salary, as in how much money does she need to make from her job.
You can look up the poverty guidelines here
http://uscis.gov/graphics/formsfee/forms/files/I-864p.pdf
- Can her dad be a co-sponsor? What are the requirments for that?
Since you are on H1 and i assume that you earn more than the minumum requirements, you can use your income if your USC spouse does not meet requirements. If not, then you can always get a joint sponsor.
- Can someone who is not her blood relative be a co-sponsor?
Yes. Look here http://uscis.gov/graphics/howdoi/affsupp.htm
* What happens to my work Authorization?
Do I need to apply for a I-765 or will my H1-B suffice?
you can work on H1B if you wish, or apply for EAD. You cant work on both, use of EAD cancels your H1B.
If I file for I-765 and it is approved, can I work for any employer?
Yes.
* Do I need to supply proof that this marriage is not based on Green Card application? Just FYI - its not
We have known each other for more than 3 years now, Will that count ?
Thats for you to prove during the interview and the officer to decided based on the proof you provide.
* How does the USCIS view a marriage as complete, final and bonafide ?
I understand there can be no definitive answer, but whats the general view?
Thanks very much.
