Spouse based Green Card Application --- Urgent Questions on Process

L

Love

Registered Users (C)
Friends,

I recently becase a US Citizen (02/2007) and need to file for my wife's Green Card. She is on an H-1B visa which is valid till 08/2008. We are based in California, Los Angeles, USA. She has a full time job and her employer holds her H-1B visa. I wanted to ask a few questions from those who are going through the process or are more aware of the process:

Q1 - I will appreciate if someone can explain the process. I am currently working on filing I-130 and I-485 for her. Do I need to file anything else?

Q2 - Can I-140 and I-485 be filed together or I need to file one before other.

Q3 - How does she get her EAD document? Do I need to file anything else for that? Once she gets EAD, what is her status, will that be H-1B visa or EAD?

Q4 - If she needs to travel outside USA while waiting for her I-130 and I-485 application, do we need to do anything, or she would be fine to travel as long as she has a valid H-1B visa?

Q5 - What are the normal timeliness these days for these applications to be approved?

Q6 - Anything else that we should be aware of before we file these applications?

Any help would be appreciated.

Regards

Love
 
Love said:
Friends,
Q1 - I will appreciate if someone can explain the process. I am currently working on filing I-130 and I-485 for her. Do I need to file anything else?
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You can file for EAD, its possible that her Green Card won't have arrived before her H-1B runs out, so you might want that for insurance.

Q2 - Can I-140 and I-485 be filed together or I need to file one before other.
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I assume you mean I-130, not I-140. Yes, you can file both together, to the Chicago lockbox. In fact, this is the recommended way.

Q3 - How does she get her EAD document? Do I need to file anything else for that? Once she gets EAD, what is her status, will that be H-1B visa or EAD?
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You need to file form I-768 and pay the fee. Once she gets the EAD, her status will still be that of an H-1B visa holder. However if she uses the EAD, her H-1B will become invalid.

Q4 - If she needs to travel outside USA while waiting for her I-130 and I-485 application, do we need to do anything, or she would be fine to travel as long as she has a valid H-1B visa?
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As long as the H-1B is valid, she can travel on that, yes.
Q5 - What are the normal timeliness these days for these applications to be approved?
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3-6 months is normal assuming your wife doesn't get stuck in FBI namecheck. If she does it can be years.
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Thank you very much for your response, I truly appreciate it. Few more questions:

- For the package the goes to Chicago Lockbox, what else goes in that package along with I-485, I-130?

- Does the I-693 - Medical Exam also need to be submitted with this package to Chicago Lockbox? If Yes, how does one go about getting this done, how do I identify a physician who would do this Medical tests ? Other then the top portion of I-693, I am assuming that the Physician fills the other information? Do they provide all this information sealed or how is this submitted to USCIS?

- Affidavit of Support, I-864 - When is this required? Since my wife is already in USA and is working on H-1B, do I need to still fill this form as USC? Does this also get submitted to Chicago Lockbox in case it is required?

- I-765, Employment Authorization Application: Does this also goes with the I-485 application?

- Since she is fine on H-1B and we might just take the EAD as a back-up in case she changes jobs at a later point, how do I apply for Advance Parole?

- Finally last questions on I-485 application, 1] What is acceptable as Birth Certificate - Will her copy of India Passport be sufficient or are there any other specific documents that are required?

- Another Question on I-485, some background first: 2 years ago my wife's previous employer had given her an approved labor and filed for her I-140. A I-485 was never filed and she left the job right after I-140 was filed (like in 2 weeks). One questions on the I-485 form asks , "Have you ever Applied for Permanent Resident Status in USA?", What should be my answer in light of above information. Since a I-485 was never filed, should the answer be "No" or a "Yes".

- Can the complete package be filed at just one address?

- Finally where can I find information on Chicago Lockbox, Address etc..

I would greatly appreciate some clarifications from gurus. Thanks again for your help.


Regards

Love
 
Educate yourself more....

Hi:

Oh.... How about educating yourself about the immigration process by actually reading the filing instruction, then asking questions on what you don't understand?:confused:

If you spend a day reading all the instruction on filing for spouse, you will be more informed about which form to file, evidence needed for each form, filing fees which I will recommend you check the www.uscis.gov for up-to-date fees.:p

As such, just educate yourself more, because Dr. Lha will answer all your questions, but he is a "hunky dory" guy (thoughtful), but this won't make your self-reliant and enlightened about this process. If your wife ask your to explain it to her, would you be able to guide her step by step? If not, then you aren't educated enough about the process, and you can make mistake which will haunt your case in the future.:rolleyes:
 
Thanks for the clarification

Dear Dr. Jha: Thanks for the link, that is very informative and does answer all the questions. Its not that I do not know about the process but the shear volume of paperwork can be confusing and therefore I am trying to validate things. I think these would be still questions that might need some help:

- Finally last questions on I-485 application, 1] What is acceptable as Birth Certificate - Will her copy of India Passport be sufficient or are there any other specific documents that are required?

- Another Question on I-485, some background first: 2 years ago my wife's previous employer had given her an approved labor and filed for her I-140. A I-485 was never filed and she left the job right after I-140 was filed (like in 2 weeks). One questions on the I-485 form asks , "Have you ever Applied for Permanent Resident Status in USA?", What should be my answer in light of above information. Since a I-485 was never filed, should the answer be "No" or a "Yes".

Thanks for your help.

Regards

Love
 
1) You need a copy of her actual birth certificate, and a translated copy if its not in English.

2) "No" if I-485 was never filed, I believe.
 
LucyMO said:
2) yes, if I-140 was filed on her behalf.
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No, I-140 is a application for a immigrant visa number. Its not an application for permenant residence, the only application for permenant residence is the I-485. It is also submitted by the employer, not the person. So the answer to the question: "Have you ever Applied for Permanent Resident Status in USA?" is "No."
 
Thank You

Dear Dr. Jha, Thank you for the clarifications. I agree the I-140 is from Employer and not from candidate, so it should be No.

Now I have a situation. My wife has her 10th Board CBSE, AISSE certificate, or a copy of Passport, won't that suffice as birth certificate? or still the actual from Indian Municipality is required?

Appreciate your continued patience.

Regards
Love
 
I have no idea what a 10th Board CBSE or AISSE certificate is, but generally you need a birth certificate for AOS. A copy of passport is also needed, so cannot be used as an alternative to the birth certificate.
 
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