Some advice regarding the filling forms

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danibaies

Registered Users (C)
Hi, I’m new on this site, and I want some answers if anyone knows and can give me some ideas.

I came in USA as a student, and I remained here despite of my f1 expiration which occurred last year in May.
In 2003 I filled for a H1 visa thru a lawyer and I got the application approved last year in October. I got my green card application this year in April. Last month I got married to an US citizen here in Chicago. Now the lawyer told me that I can’t apply anymore for the green card because I moved from California where I had to work for the employer which I had the application thru.
Now I want to apply for a green card thru my wife. Do I need to apply thru the lawyer or I can apply myself. I don’t really want to spend all that money on the lawyer again. Since my visa expired would affect my application?
Any ideas would be greatly appreciated.
Thank you.
 
I will type what I used as my checklist for my own submission. I am married to an american citizen as well, so it should be the same:

- Form I-693 (medical examination)

- Form I-130 with:
* one passport pic of each of you
* copy pf spouse's birth certificate and yours
* copy of marriage certificate
* copy of your passport's identification page
* copy of your visa and copy of your Form I-94, front and rear
* Form G-325A filled for each of you (4 copies)

- Form I-485 with:
* Two passport pics of you
* * Form G-325A filled for each of you (4 copies) (I only submitted it once with the I-485, but people on here told me usually you need to submit it with both I-130 and I-485) Attach a passport pic of your spouse to this form
*Any additional information about other petitions you've submitted in the past (if applicable)

- Form I-864 with:
* spouse's (or sponsor's) employement letter
* spouse's most recent pay stubs, 2 or more
* letters from spouse's bank verifiying their bank accounts
* spouse's tax records for the last year. You can include the past 3 years, but it's optional...it helps.

- Form I-765 (application for employment authorization), if you need to find work before getting your green card. Include two passport pics of yourself.


That's what I had on my checklist. It would be wise to call or make an appointment so you can verify what it is you need. The forms and info to make appointments is found on www.uscis.gov
 
i completed all my forms today , but still need some extra info.
on form I-485 i have to write the USCIS status that i have , and the I-94 expiration . I had a F1 visa that expired last year in may . Now my i-94 expired as well on 05/2006 , and i'm not sure what to write overthere.
 
also where is says "I am applying for an adjustment to permanent resident status because:" what should i write ?
 
If you are filing concurrently I-130/I-485 the correct answer is A: an immigrant petition giving me an immediately available immigrant visa number has been approved.
 
As far as I know, your unlawful presence will not affect your AOS if you are married to a US citizen spouse (just don't leave the US before the AOS because then you have the 3 and 10 year reentry bar issue). Do I understand correctly that you were in H-1B status for three years? Your F-1 visa expiration would have had no significance at all. It would have become invalid at the instant your H-1B status was approved. But you should have had a valid I-94. Are you sure you're looking at the correct I-94?
 
danibaies said:
also where is says "I am applying for an adjustment to permanent resident status because:" what should i write ?
Click to expand...
I put "married an american citizen"...that's what I was adviced to do.

you write the expiration date for the I-94, doesn't matter if your visa/I-94 are expired.
 
The explanation that I heard for why "A" is correct is that your I-130 (immediate relative immigrant petition) gets approved just prior to your I-485 even if you file concurrently, so you have to think of this statement becoming relevant just after I-130 is approved; and where it says to submit a copy of the approved petition, this is the I-130 you're filing concurrently with the same package. :)
 
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