So I've filed I-130, what's next?

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a_usc

Registered Users (C)
Hi EvOne,

I have recently filed I-130 at California SC for my husband who is here on an L1B visa. What I wanna know is whether filing I-485 is mandatory (excuse me for my extremely limited knowledge on the topic :()? The reason I ask is that my husband has been here on this L1 assignment for his Indian based employer and must continue until the assignment is over. We got married last year and I filed I-130 for him. Now if we file I-485, as I understand, we will also need to file I-765 (and I-131 - to accomodate our plan of a vacation in India later this year). Now I've seen on this forum that at times the I-485 gets approved while I-765 is still pending. If that happens, it will jeopardize my husband's assignment during the period when 485 is approved and 765 is pending :(

I was under the impression that 485 is not mandatory, but rather a facility for people who want to get LPR, while waiting for their GC. What happens if he does not file I-485? What is the next step after filing I-130? Will USCIS contact us for next step... and what will that next step be? I'd appreciate the replies and thanks in advance for your time.
USC
 
Filing I-485 is indeed optional, unless your husband wishes to live here in US with you permanently. When he files I-485 he’ll be on his way to become permanent resident and later - US citizen.
Without it – he can stay in this county for as long as his visa permits and at the end he must leave. Your marriage and even approved I-130 can’t keep him here legally.
In order to stay and work in US legally, he must file I-485 for LPR, or a Green Card (it’s the same thing).
USCIS won’t contact you about your next step. You have to do it yourself.
File his I-485 (application to become permanent resident) with I-130 approval notice, or it’s receipt and other required forms and supporting documents: http://uscis.gov/graphics/formsfee/forms/i-485.htm#fba

Forms I-765 and I-131 are optional too.
If he wants to work in US he must file I-765 to obtain employment authorization (EAD card) from USCIS. And I-131 is for advanced parole (AP) back to US, if he wants to travel before his GC application (I-485) approved.
Now, once he gets his Green card (his LPR status) he doesn’t need AP and EAD anymore. He is free to travel and work and will be illegible for US citizenship in three years.
Sometimes it happens that I-485 gets approved ahead of I-765. But as I said – once you have a GC you don’t need your I-765 approved anymore.
Those people, you read on a board about, lost money in filing, but nothing else to be concerned about.

I can see that you are very confused about the process. Please visit this page: http://uscis.gov/graphics/howdoi/spouselive.htm to become more familiar with terms and forms. You can always hire an immigration attorney to help you understand and file your paperwork properly.
 
Jane,

Thankyou for your reply - it has provided the missing link that has been causing me a lot of confusion regarding the process. Call me a hardhead, a knucklehead or whatever, and you may even laugh, but I didn't realize that LPR (485) is synonymous to GG. I was under the impression (obviously a wrong one) that I-485 is just another step (possibily an optional one) in the process of getting a GC. I thought GC requires I-130 getting approved after which USCIS will ask you to file the I-864 + I 693... which once approved results into GC getting stamped. I don't know how I got that notion... anyhow, just one more thing - if he (my husband) is on L1 status now, does that status become null, as soon as he files 485? If not, then he can file 485 and continue to work using his L1 status (no need for EAD). But if the L1 status (or any other status say H1, K1, etc, for that matter) becomes null as soon as I-485 is filed, then he must file I-765 too along with 485.

I read at USCIS that if not filed concurrently with I-130, the I-485, I-131 & I-765 needs to be sent to Chicago Lock Box... is that right? And does that mean he will need to go to Chicago for biometrics and whatever... or does Chicago office, after doing its bit, forwards those document to the DO in the applicants area?

Once again... thanks a lot for your time... and yes, I think I will send an email to Mr Khanna to check if I can get help over the ph or through email and to ask what his consultation fee is... though I'd prefer meeting the attorney in person. If you know smn in the Bay Area, let me know.

USC :)
 
a_usc said:
Jane,

Thankyou for your reply - it has provided the missing link that has been causing me a lot of confusion regarding the process. Call me a hardhead, a knucklehead or whatever, and you may even laugh, but I didn't realize that LPR (485) is synonymous to GG. I was under the impression (obviously a wrong one) that I-485 is just another step (possibily an optional one) in the process of getting a GC. I thought GC requires I-130 getting approved after which USCIS will ask you to file the I-864 + I 693... which once approved results into GC getting stamped. I don't know how I got that notion... anyhow, just one more thing - if he (my husband) is on L1 status now, does that status become null, as soon as he files 485? If not, then he can file 485 and continue to work using his L1 status (no need for EAD). But if the L1 status (or any other status say H1, K1, etc, for that matter) becomes null as soon as I-485 is filed, then he must file I-765 too along with 485.

I read at USCIS that if not filed concurrently with I-130, the I-485, I-131 & I-765 needs to be sent to Chicago Lock Box... is that right? And does that mean he will need to go to Chicago for biometrics and whatever... or does Chicago office, after doing its bit, forwards those document to the DO in the applicants area?

Once again... thanks a lot for your time... and yes, I think I will send an email to Mr Khanna to check if I can get help over the ph or through email and to ask what his consultation fee is... though I'd prefer meeting the attorney in person. If you know smn in the Bay Area, let me know.

USC :)
Click to expand...


Hi USC,

like I said earlier in one of your other threads, I'm not an expert on L1.
As far as I know I-485 is the one form to file when your husband applies for a marriage based GC and it's the one to use to adjust his current status L1 visa, which is employer or contract related, into LPR. Since he still needs a working permit based on the marriage status he's supposed to file I-765.
That's at least how I understand it. But I'm unaware of how that might violate either the conditions of the L1 visa or the conditions of that contract under which your hubby came to the US in the first place.

Chicago Lockbox is right, but they'll only work the first steps of paperwork. What you'll receive from there, most likely, is a Receive Notice first, also known as form I-797 Notice of Action (NOA) telling you that the next step will be having your biometrics taken in a DO responsible for your current adress and what kind of documents you'd be asked for in order to prove your hubby's ID and status.

Good luck
 
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