Marrying to GC holder

F

formatchesonly

Registered Users (C)
My colleague is on H1B, working in US now, marrying a GC holder.
After marriage, can she file I-130?
ALong with I-130 can she file file EAD and Advance parole?
Or how long she has to wait to apply for EAD and Advance parole after filing I-130?

Thanks in advance for providing the details for the above questions.
 
The GC holder can file I-130 after marriage but your colleague can only file EAD and AP if I-485 is also being filed and the priority date is current at the time of filing. For the month of August 2013 the state department's visa bulletin indicates that F2A category (spouses of permanent residents) is current.
 
Thank you very much the information.

That means, When the GC holder file I-130, I-485, EAD and Advance parole applications also can be submitted as long the the date is current?

Assuming the date is current, if I-130, I-485/EAD/AP filed, then what would be the approximate expected time for getting the EAD/Advance parole papers?

Thanks
 
Thank you Jackolantern and nkm_oct23 for the answers.

In case if this category is current
the GC holder can file I-130, I-485, EAD and Advance parole at the same time?

Thanks
 
formatchesonly said:
Thank you Jackolantern and nkm_oct23 for the answers.

In case if this category is current
the GC holder can file I-130, I-485, EAD and Advance parole at the same time?

Thanks
Click to expand...

Yes. And they should file it at the same time, because if they wait until the I-130 is approved, the category may no longer be current, and then they would not be able to file I-485 anymore.
 
Thank you newacct.

What is is approval time for I-130 now, and how long the GC approval takes in current situations?

Thanks
 
Is I-130 approval means Green card approval or after approval of I-130, how long it takes to get approval of I-485?

I am guessing I-485 approval means GC approved, is this correct?

I am not clear the dependency between I-130 and I-485. Could you please shed some light on this?

Thanks
 
The I-130 is to establish the family relationship. The I-485 process is to establish eligibility to actually immigrate, including priority dates and background checks and a medical exam, and a properly filed I-485 allows the individual to stay in the US until the case is decided, with the option for employment authorization and traveling with Advance Parole instead of a visa.

I-485 approval is green card approval. I-485 cannot be approved before the I-130 is approved.

If the person who is trying to immigrate is outside the US, they would not file I-485 with an office inside the US; after I-130 approval they would file DS-230 with a US consulate.
 
Please clarify how the F2A filing for AOS with "current" status works. What if the petitioner and the applicant want to file the I-130 and I-485 concurrently and the time to do it would be at the end of August? (for example, August 29 or 30). The "current" status for F2A may go away in September and it is important to catch it in August. My questions is how the filing date is determined? Will mailing both i-130 and i-485 at the end of August be on time? Thanks in advance!
 
fong.sealand said:
Please clarify how the F2A filing for AOS with "current" status works. What if the petitioner and the applicant want to file the I-130 and I-485 concurrently and the time to do it would be at the end of August? (for example, August 29 or 30).
Click to expand...
August 1 would be the first day to file, August 30 would be the last day to file (August 31 is a Saturday), unless the All-Current status continues into September.

They consider the filing date to be the first business day when they receive it (if the post office delivers it on Saturday, the receipt date will be the next Monday). So don't file it at the end of August, as that would risk having it arrive at USCIS in September.

Also don't send it on July 30, because that would risk having it arrive July 31 and get rejected. By the time they send the rejection notice it could be already into September, making it too late to refile if the All-Current doesn't continue into September.
 
I dont really have anymore questions, but just wanted to thank Jackolantern for the wonderful work he is doing for us all. I have asked him many of the same questions and he answers the same questions repeatedly with full detail. Thank you very much.

:)
 
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