Procedure apply Green card from H-1 (Married to US citizen)

J

jaypatel76

Registered Users (C)
I searched for the procedure on the forum as well FAQs but couldnt find any appropriate answer. Would highly appreciate if someone can direct me ..

I am on H-1 B visa working in US and got married to US citizen last month. Me and my wife are still staying apart in different city. She wants to apply for my green card but not sure which form to apply. We both are in california. Can any buddy direct us which forms should she apply for. Also should she give her address while applying the application. Also, will I need an Original Birth Certificate to apply GC? m totally confused. :confused: any help or direction highly appreciated.

Thanks,

Jay
 
Hi!
Your wife should start by filing I-130, Petition for Alien Relative, for you. Along with that you’ll file I-485, with all required documentation.
Here is a link to detailed information about forms, fees and filing process: http://uscis.gov/graphics/howdoi/LPRApplication.htm

You don’t have to send your original birth certificate to INS, just the photocopy of it with the complete notarized translation attached.
 
Thank you for the response. The link helps out a lot. So the form on the link are supposed to by filed and signed by me and I-130 should be filled by my wife? I had a doubt, should we file the forms from same address or from our different address since we are staying seperately at the moment.
Thanks again.

Jay
 
jaypatel76 said:
Thank you for the response. The link helps out a lot. So the form on the link are supposed to by filed and signed by me and I-130 should be filled by my wife? I had a doubt, should we file the forms from same address or from our different address since we are staying seperately at the moment.
Thanks again.

Jay
Click to expand...

That’s correct. Your wife should file I-130 and one set of Biographic form (four pages). Also she must fille and notarize I-864 - Affidavit of Support for you, along with the last three years tax returns and the proof of current employment.
You file I-485 (the actual GC application), another set of G-325A, Biographic Information, get your medicals done by INS certified doctor and don’t forget about yours and hers birth certificates (copies and notarized translations for you if not in English), also copy of marriage certificate and copy of your last Form I-94, Arrival Departure Record.
the I-131 (advance parole/travel document) and I-765 (employment authorization) applications are optional.

For practical reasons it’s better to file all forms from the same address and in the same pachage, but it’s not mandatory.
I assume you are living apart only temporary? If in a near future you going to move to her address permanently or she will move in with you, then choose that address now to apply. Keep in mind that the I-130 application has a question asking to provide the city and the state of the USCIS office you will go to your AOS (adjustment of status) interview. So, just for an example, if you live, or going to move to Florida soon, it’s not a very good idea to file your forms in California.

Hope this info will help you started.
Lot’s of people sharing their experiences with family based green card process here on this board, browse by topics or use search to find more information.

Good luck!
Jane.
 
Jane,

You are awesome. I dont know how to thank u. This information helps a lot .. I will defintely post my experience as well as any information needed to help other users on this forum.
Thanks again. :)

Jay :
 
Jane Green said:
That’s correct. Your wife should file I-130 and one set of Biographic form (four pages). Also she must fille and notarize I-864 - Affidavit of Support for you, along with the last three years tax returns and the proof of current employment.
You file I-485 (the actual GC application), another set of G-325A, Biographic Information, get your medicals done by INS certified doctor and don’t forget about yours and hers birth certificates (copies and notarized translations for you if not in English), also copy of marriage certificate and copy of your last Form I-94, Arrival Departure Record.
the I-131 (advance parole/travel document) and I-765 (employment authorization) applications are optional.

For practical reasons it’s better to file all forms from the same address and in the same pachage, but it’s not mandatory.
I assume you are living apart only temporary? If in a near future you going to move to her address permanently or she will move in with you, then choose that address now to apply. Keep in mind that the I-130 application has a question asking to provide the city and the state of the USCIS office you will go to your AOS (adjustment of status) interview. So, just for an example, if you live, or going to move to Florida soon, it’s not a very good idea to file your forms in California.

Hope this info will help you started.
Lot’s of people sharing their experiences with family based green card process here on this board, browse by topics or use search to find more information.

Good luck!
Jane.
Click to expand...

For Question 22 in I-130 form, aren't you suppose to indicate the location of your DO - where you reside and plan to go for interview? Just clarifying?
 
Amherst22 said:
For Question 22 in I-130 form, aren't you suppose to indicate the location of your DO - where you reside and plan to go for interview? Just clarifying?
Click to expand...

That’s right. In your I-130 you are supposed to write the city and state of the DO you are planning to go to the interview. I said it my reply. What is your question exactly?
The DO doesn’t necessary has to be your local or the closest one, unless you live there permanently. But if a person planning to relocate in near future, then it’s better to file with the right DO now, then later send 10 letters to INS with new address and pray they won’t mess up and sent the interview letter to the wrong address as they do so very often.
 
Jane,

I am bugging you again. The I-485 Form says it should be filed to Chicago address since this is a family based application ... http://uscis.gov/graphics/formsfee/forms/i-485.htm
Then how do I file all the applications in one package? Should I send all the application to Chicago? Hope I dont get a interview call in chicago then.
Also was curious, if in Form I-765, Question 16, I should Enter C-9?
In I-130 form, I am gonna put both our address same, although we are living apart, I am going to put it together to remove the confusion, was curious if it would be ok?
Also, was curious if I need to send a copy of my I797 (ie H1B) Approval Notice.
Thank you for all the response earlier and appreciate your time.

Jay
 
Last edited by a moderator:
you are supposed to sent ALL of the applications as one package to Chicago. You will interview at your local DO in CA.
 
Thanks lucyMO. All I need to do is get 5 INS photos and I will ready with paperwork. Thank you all for you help. I will post a reply if I have any hurdles in the process.
 
jaypatel76 said:
Jane,

I am bugging you again. The I-485 Form says it should be filed to Chicago address since this is a family based application ... http://uscis.gov/graphics/formsfee/forms/i-485.htm
Then how do I file all the applications in one package? Should I send all the application to Chicago? Hope I dont get a interview call in chicago then.

>>> They will call you for an interview in your local DO (the one you wrote in you I-130)

Also was curious, if in Form I-765, Question 16, I should Enter C-9?

>>> Yes

In I-130 form, I am gonna put both our address same, although we are living apart, I am going to put it together to remove the confusion, was curious if it would be ok?

>>>It is OK as long as you planning to move in together soon and you absolutely sure you’ll be living together at the same address the time of your interview.

Also, was curious if I need to send a copy of my I797 (ie H1B) Approval Notice.

>>>Yes

Thank you for all the response earlier and appreciate your time.

Jay
Click to expand...


Good luck!
 
I did my Finger printing on August 10th. My I765 file got approved on August 23rd and received EAD card on September 1st.
UnFORTUNATELY, my last name on the card is wrong, SO now I have re-file my I-765 application.
GOSH, I dont understand what do people at INS do. I hope I dont have to go through Fingerprints again.
Just let you guys know. Thanks,

Jay
 
jaypatel76 said:
I did my Finger printing on August 10th. My I765 file got approved on August 23rd and received EAD card on September 1st.
UnFORTUNATELY, my last name on the card is wrong, SO now I have re-file my I-765 application.
GOSH, I dont understand what do people at INS do. I hope I dont have to go through Fingerprints again.
Just let you guys know. Thanks,

Jay
Click to expand...
You know you have to send everything at MO right for error correction? You will not have to do the finger print again. My middle name was wrong on my EAD. Check out my timeline.
 
Are you serious, I will have to redo the Fingerprints?
I was going through my EAD card and I found they misprinted my date of birth too ... This cant get any better.
Can I still work for any employer since the application has been approved?
Do I need to file I-485 / I-130 (my wife) again too?
Can INS do one thing right !!!!
Thanks,

Jay
 
jaypatel76 said:
Are you serious, I will have to redo the Fingerprints?
I was going through my EAD card and I found they misprinted my date of birth too ... This cant get any better.
Can I still work for any employer since the application has been approved?
Do I need to file I-485 / I-130 (my wife) again too?
Can INS do one thing right !!!!
Thanks,

Jay
Click to expand...


Jay, hello again!
You DO NOT have to redo your fingerprints.
And you do not have to re-file your I-485/I-130 applications either.
Look again at your copies (of I-485 and I-130) to make sure your name is spelled correctly there. Especially one on the I-485 applications, since that’s the name to be printed on your GC.
I would assume it is safe to start, or continue to work with your EAD, since it’s already approved and it bares you’re A#. Did you check the alien number on your new EAD card? is it your? Is it correct?
You can file another I-765 for Replacement EAD if you wish. Attach your explanation letter and copy of front and back of your current, misspelled card. Unfortunately, you still have to pay the application fee, but I am not 100% sure whatever or not the fee can be waived due to mistake made by INS and not yours.
I suggest you call the customer service people and inquiry them how to fix that error.
Sorry for your situation. In my very first EAD they printed different country of birth in my card. :eek:
You file your paperwork, pay them your hard-earned money then wait forever expecting results, expecting people to do their job as they supposed to….makes me mad sometimes of how incompetent some of them (INS) are. :mad:
Good luck!
 
I called 800# and they told me to send following things to MO.
1. an explaination letter
2. your EAD card (not copy, the original)
3. copy of your old I765 form that you filed with your I485
4. A new I765 form
 
amishah said:
I called 800# and they told me to send following things to MO.
1. an explaination letter
2. your EAD card (not copy, the original)
3. copy of your old I765 form that you filed with your I485
4. A new I765 form
Click to expand...


Amishah,
Did you ask them about filing fees? Are they going to waive it, or he has to pay again for a new (replacement) card?
I’m just curious…
Jane
 
Jane / Ami,

Thank you for your replies. I guess I will have to pay the fees ...
I was going through copy of my I-765 application form, Although my middle is spelled correctly in my original application, I did a mistake in my birth year ...
ARRRRRRRRRGGGGGGGGGGGGGGGGHHHHHHHHHHHHHHH
this is so frustrating ... i went through the apps like 4 times, what a dumb mistake ... dammitttttttttt
Anyways, I will have to refile the application, I am glad to find that since they approved I-765, can work for any employer now ...
Thanks,

Jay
 
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