Need help : Getting ready to file I-485 and I-130 to Chicago Lockbox

[Love]

Friends,

I am a USC working on filing the Green Card papers for my wife who is an H-1B visa today in USA. Its been a lot of paperwork filling the I-130 and I-485 packets (lost a few hairs). The forms are not bad in terms of filling but reading the instructions and then collecting all the information to be attached to these forms has been really a marathon run for me. I think I am nearing to the point when I can start writing the cover letters and start reviewing that everything is in place.

- My wife has a valid H-1B from her employer till Aug 2008. She needs to travel to India in Aug-Oct 2007 time frame. I will be filing the packet before her travel. Will she face any problems entering the country? Will she need Advance Parole document to enter in USA or her H-1B visa will be sufficient? Can we expect any issue anywhere while application is pending?

- On form I-864, I am self employed and have been filing joint taxes with my wife for last 3 years. Now since I have to put my income on that form, is it fine to subtract my wife's W2 income from joint statements and attach letter of explanation with all the copies of tax statements for last 3 years?

- She went to get all the medical done and the doctor gave her a sealed I-693 along with a copy of the same. Do I attach the sealed envelope along with the I-485 packet?

- Finally, does anyone have sample cover letters for I-130, I-485 and the whole packet that they can email me as it may be helpful.

- Once she gets her EAD, does that mean she loses her H-1B status or it does not mean anything unless she switches to EAD? Is there a way to switch to EAD?

- Since we are married for 2+ years already, will she still get conditional Green Card or will this be a permanent Green Card?

Any guidence will be appreciated.

Regards

Love

 

[rjo1]

I also wanted to know the answer to the I-864. Both Sponsor and Beneficiary Income is on the same 1040 for the past 4 years.

1. In my case my wife will no longer be working once she gets GC, so what do I put in the 864 ?

2. Does my wife also fill out 864, if she WAS on 1040 and will NO Longer be working.

Thanks.

 

[dr_lha]

- My wife has a valid H-1B from her employer till Aug 2008. She needs to travel to India in Aug-Oct 2007 time frame. I will be filing the packet before her travel. Will she face any problems entering the country? Will she need Advance Parole document to enter in USA or her H-1B visa will be sufficient? Can we expect any issue anywhere while application is pending?

No, H-1B remains valid as long as she continues to work for her H-1B sponsoring employer. She can travel on it all she likes, no need for AP. This is a major perk of having an H-1B.

- On form I-864, I am self employed and have been filing joint taxes with my wife for last 3 years. Now since I have to put my income on that form, is it fine to subtract my wife's W2 income from joint statements and attach letter of explanation with all the copies of tax statements for last 3 years?

There is no need to do this. If you've been living together, her wages can be included on the affidavit. Just leave them as they are so as not to make things too complex.

- She went to get all the medical done and the doctor gave her a sealed I-693 along with a copy of the same. Do I attach the sealed envelope along with the I-485 packet?

Yes, this must go in the packet and remain sealed.

- Finally, does anyone have sample cover letters for I-130, I-485 and the whole packet that they can email me as it may be helpful.

Cover letter is not required.

- Once she gets her EAD, does that mean she loses her H-1B status or it does not mean anything unless she switches to EAD? Is there a way to switch to EAD?

If she uses her EAD, she loses her H-1B. Why are you applying for a EAD if she has a valid H-1B?

- Since we are married for 2+ years already, will she still get conditional Green Card or will this be a permanent Green Card?

She will get a 10 year green card.

 

[Love]

Re: Need Help: Getting ready to file I-485 and I-130 to Chicago Lockbox

Dear Dr. Jha:

- On form I-864, I am self employed and have been filing joint taxes with my wife for last 3 years. Now since I have to put my income on that form, is it fine to subtract my wife's W2 income from joint statements and attach letter of explanation with all the copies of tax statements for last 3 years?

There is no need to do this. If you've been living together, her wages can be included on the affidavit. Just leave them as they are so as not to make things too complex.

Response: Shall I include her W2 also in that case?

Quote:
- Finally, does anyone have sample cover letters for I-130, I-485 and the whole packet that they can email me as it may be helpful.

Cover letter is not required.

Response: The visa law document link that you had shared asks for cover for I-130, I-485 and a common cover for the whole packet?

Quote:
- Once she gets her EAD, does that mean she loses her H-1B status or it does not mean anything unless she switches to EAD? Is there a way to switch to EAD?

If she uses her EAD, she loses her H-1B. Why are you applying for a EAD if she has a valid H-1B?

Well - we plan to have a baby and chances are she may leave her job. I was therefore thinking to get a EAD to keep her in status. Is there anything I should be worried about here while applying for EAD? I was also thinking to apply for Advanced Parole since she might need to travel if she jumps on EAD? Any ideas suggestions?

Thanks again for your help. Sorry for my late response as I travel all the week and get back to these papers on weekends when I get time. Appreciate it.

 

[dr_lha]

Response: Shall I include her W2 also in that case?

Yes.

Response: The visa law document link that you had shared asks for cover for I-130, I-485 and a common cover for the whole packet?

Sure, include one, but there's nowhere that I have seen on the USCIS website or any of the form instructions that says that the cover letter is required for AOS. I believe if you are applying for a Visa a cover letter is specifically requested however, which I believe is where the confusion arises.

Well - we plan to have a baby and chances are she may leave her job. I was therefore thinking to get a EAD to keep her in status. Is there anything I should be worried about here while applying for EAD? I was also thinking to apply for Advanced Parole since she might need to travel if she jumps on EAD? Any ideas suggestions?

She is in status as soon as you file AOS for her. EAD has got nothing to do with legal status apart from allowing her to work. The only reason to get an EAD is if your wife wanted to move to another job. If she quits her job or uses her EAD, then AP would be needed to travel.

 

[Love]

Dear Dr. Jha,

Thanks again. Are you suggesting that:

1] If my wife does not need to change job, she can continue on H-1B and does not need to file for EAD and AP?

2] In such situation what will happen if her H-1B runs out of time (H-1B 6 years complete in Aug 2008) and what if she has not received her Green Card by then?

3] If she does not file for EAD and AP, can she still travel on H-1B visa outside the country?

Appreciate your continues support.

Regards
Love

 

[cart]

Dear Dr. Jha,

Thanks again. Are you suggesting that:

1] If my wife does not need to change job, she can continue on H-1B and does not need to file for EAD and AP?

2] In such situation what will happen if her H-1B runs out of time (H-1B 6 years complete in Aug 2008) and what if she has not received her Green Card by then?

3] If she does not file for EAD and AP, can she still travel on H-1B visa outside the country?

Appreciate your continues support.

Regards
Love

1) Yes she can continue on H-1B

2) You can file for an EAD in Feb 2007 if she has not received her greencard by then

3) Does she still have her H-1B visa in the passport that is valid till Aug 2008? If yes, she can travel outside the country. If she does not, she will have to get a H1-B visa to re-enter the US. But that is always the better route to go. Cheaper and less legally intricate than AP.

 

[Love]

Thank you

Dear Dr. Jha,

Thanks very much for your suggestion. I decided not to file the EAD and AP as I thought my wife has valid H-1B till Aug 2008. I am hoping that GC would come through meantime. If it does not come through then I will file her EAD early next year.

Thanks

Love