#1
Hello everyone, I am a US Green card holder since 2016, I myself came under F4 Visa. I got married to my husband who was in Student Visa then, on March 2017 and filed I-130 in April, 2017. We got the receipt for our documents but haven't heard anything else. My friend's spouse, for whom she filed in Nov, 2016 (still abroad) got his visa yesterday. In these years, my husband graduated and is currently in OPT Visa. We are not sure what to do - it's almost two years without approval and we learnt we eventually have to file for Adjustment of Status. Visa bulletin permits us to do so - yet we are not sure what to do. Does he get EAD after we file AOS? Do we need an attorney to prepare the AOS Packet? Help!
 

newacct

Well-Known Member
#2
He can file I-485 (Adjustment of Status) during any month when the date on this USCIS chart is after his priority date (date when the I-130 was filed). For this month (Feb 2019), the date for F2A is in Dec 2017, so he can file his I-485 (and in fact he could have filed since last March). When he files I-485, he can also at the same time file I-765 for an EAD and I-131 for an Advance Parole, both for free. It is pretty straightforward to fill out the forms and file by himself, and a lawyer should not be needed unless he has some complicated situation that you haven't mentioned. After he files I-485, he can stay in the US while his I-485 is pending even if he goes out of status while it is pending.
 
#3
Hello,
thank you for the reply - it is of huge help! Yes - I wish we knew sooner about the AOS filing. Now that we look back and see we have wasted almost a year waiting. We have started gathering documents for AOS, thank you :). Also, the instructions say we need a Affidavit of Support if applicable. He is lawfully employed in a company here, will he still require one from me?
 

newacct

Well-Known Member
#4
Hello,
thank you for the reply - it is of huge help! Yes - I wish we knew sooner about the AOS filing. Now that we look back and see we have wasted almost a year waiting. We have started gathering documents for AOS, thank you :). Also, the instructions say we need a Affidavit of Support if applicable. He is lawfully employed in a company here, will he still require one from me?
You, as the petitioner, must always submit an I-864 Affidavit of Support. His (the intending immigrant's) income can be counted in your household income, if he is working legally in the US. He does not need to fill out an I-864A.
 
#6
Hello,

So we recently got a Request For Evidence. We gathered the evidence and sent it last week and now, we are not sure if we should go ahead and submit I-485. Should we wait until we hear from USCIS after our evidence or should we submit the forms?
 
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