Questions regarding the process

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rhaidar

Registered Users (C)
I just got married to USC and I want to file for my GC. Currently I am on H1B. After doing a lot of research this is what I found out. I just need some assurance from people who have done it before or lawyers to make sure that I am doing the right thing.

I live in washington DC. We got married in VA though, is that a problem?

Next step is to apply the (USCIS Form I-130) & (USCIS Form I-485)
together since I live in the USA. right?

Along with these applications I need 2 (USCIS Form G-325A) filled up one for me and one for my wife. right?

Also, she has to fill (USCIS Form I-864) along the other Forms.

What about the medical examination Form (USCIS Form I-693). Do I need it just for me? or she has to fill up one too?

Also, I will need to fill up (USCIS Form I-765) & (USCIS Form I-131).

So, Do I have to fill everything up together and file all together? Should I send all of the to the appropriate USCIS office, which is Vermont for D.C.?

Also, for the form I-864, my wife is below 125% of the minimum wage. The form mentioned that she need to put another person with her on the application to sponsor me. Can that person be me? Since I am working and I am making above the minimum required?

Thanks,

Raed
 
rhaidar said:
I just got married to USC and I want to file for my GC. Currently I am on H1B. After doing a lot of research this is what I found out. I just need some assurance from people who have done it before or lawyers to make sure that I am doing the right thing.
Congratulations!!! :)

I live in washington DC. We got married in VA though, is that a problem?
Nope! All you need is a marriage certificate.

Next step is to apply the (USCIS Form I-130) & (USCIS Form I-485) together since I live in the USA. right?
Yes! Your spouse files the I-130 petition and you file the form I-485 concurrently.

Along with these applications I need 2 (USCIS Form G-325A) filled up one for me and one for my wife. right?
You need three sets of G-325A, two from you (one for I-130 and another for I-485) and your wife needs to fill one, to accompany the I-130

Also, she has to fill (USCIS Form I-864) along the other Forms.
What about the medical examination Form (USCIS Form I-693). Do I need it just for me? or she has to fill up one too?
Yes! I-864 (Affidavit of support) is a part of the I-485 package and so is the I-693. You should go to one of the USCIS approved civil surgeons in your area and get the medical done. Send the sealed envelope received from the Civil Surgeon along with your I-485 application. Failing this you will get an RFE (Request For Evidence) which will delay your processing.

Also, I will need to fill up (USCIS Form I-765) & (USCIS Form I-131).
You may file I-765 (EAD) and I-131 (AP)... these are not mandatory. If you don't want to use your H-1B any longer, you can file I-765, which once approved, allows you to work without the employer restriction that are imposed by an H-1B. Also, once you use the EAD, you will lose your H-1B status (only when you use the EAD, just getting an EAD doesn't take away your H-1B status), which means you will need an AP to re-enter US, should you need to travel out, while your I-485 is pending.

So, Do I have to fill everything up together and file all together? Should I send all of the to the appropriate USCIS office, which is Vermont for D.C.?
You send out all the forms to Chicago Lockbox (phew!!! Ari, did I read you say Deja Vu in one of your posts? :rolleyes: lol)

Also, for the form I-864, my wife is below 125% of the minimum wage. The form mentioned that she need to put another person with her on the application to sponsor me. Can that person be me? Since I am working and I am making above the minimum required?
Yes, you can use your income to qualify the 125% income requirement... you will need to fill out an I-864A and uhmm Im not sure if there's a clause requiring you to be staying with your spouse for 6 months before you can include your income to qualify... dunno. Someone else may help you on that one.


Good Luck! May I also ask you to please use the search option of the forum for specific questions, before posting them in a thread :)

Thanks,
Raed
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Last edited by a moderator:
rhaidar said:
I just got married to USC and I want to file for my GC. Currently I am on H1B. After doing a lot of research this is what I found out. I just need some assurance from people who have done it before or lawyers to make sure that I am doing the right thing.

I live in washington DC. We got married in VA though, is that a problem?
No

Next step is to apply the (USCIS Form I-130) & (USCIS Form I-485)
together since I live in the USA. right?
You file I-485 ONLY when you are in the US. You file it concurrently with I-130 because you are married to a USC, not just because you are living int he US.

Along with these applications I need 2 (USCIS Form G-325A) filled up one for me and one for my wife. right?
For the I-130 - Yes, one set for your wife, one set for you
For the I-485 - one set for you.
So a total of 3 sets go with your package

Also, she has to fill (USCIS Form I-864) along the other Forms.
yes

What about the medical examination Form (USCIS Form I-693). Do I need it just for me? or she has to fill up one too?
You (the applicant) have to do it, not your wife. you have to send the sealed envelope with your applications

Also, I will need to fill up (USCIS Form I-765) & (USCIS Form I-131).
If you need EAD, yes file I-765. If you need to travel outside US while your GC is pending, file I-131

So, Do I have to fill everything up together and file all together? Should I send all of the to the appropriate USCIS office, which is Vermont for D.C.?
Everything together.
Im not going to rant... You should file all forms to the chicago lock box

Also, for the form I-864, my wife is below 125% of the minimum wage. The form mentioned that she need to put another person with her on the application to sponsor me. Can that person be me? Since I am working and I am making above the minimum required?
yes. file I-864A to include your income

Thanks,

Raed
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