USC Spouse Upgrading I-130 and Filing I-485, Address Change

R

Radni

Registered Users (C)
My fireind's wife has just cleared her Naturalization (Citizenship) Interview at L.A. and is now likely to get her oath in March 2005. Her husband is on valid F-1 with EAD permit till July 2005.She had filed I-130 for her husband in L.A. about 1 1/2 years ago on basis of her LPR status at that time. That I-130 is still pending . Now , upon her oath ceremony as and when completed, she intends to inform USCIS to UPGRADE her I-130 in view of her new status as USC.
In the meantime now she has as offer for a new job in New Jersey area which she wants to accept and start that job in N.J. sometime in March,2005. So she will have a change of address between Interview and Oath.
1. Can she have any problem due to her change of address?
2. Where should she be filing her request letter to USCIS to UPGRADE her
pending I-130? L.A. or New Jersey?
3. Is it OK if she files her request for upgrade I-130 in L.A. , also file
I-485 AOS for her husband and he applies for EAD , all in L.A.?
4. She intends to take steps in 3 above on the same day of oath, without informing the very newly taken up job in New Jersey and then inform L.A. office about a month later that now they have moved to N.J. and request to transfer the pending file of I-130 , I-485 to N.J. office.
5.Would this be advisable?
6. any suggestions, please?
 
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I think she shouldn't inform USCIS about her change of address until she is done with her oath. Because that may cause delay in her oath. I think she is ok if she takes step 3.
 
If she gets her oath in march and she plans to move in march, its a good idea to naturalize before moving

1. No problem if she waits untill Oath to move. She may even begin work in NJ, but if she can maintain some kind of residence in LA till Natz then she should be ok
2. After she naturalizes, she can move to NJ, file an upgrade request with the VSC
3. Why LA? Once she moves she has nothing to do with LA. Moreover LA might transfer the case to VSC
4. Id' say this -> maintain a residence in LA till oath to avoid complications.
 
Rahul Kumar said:
If she gets her oath in march and she plans to move in march, its a good idea to naturalize before moving

1. No problem if she waits untill Oath to move. She may even begin work in NJ, but if she can maintain some kind of residence in LA till Natz then she should be ok
2. After she naturalizes, she can move to NJ, file an upgrade request with the VSC
3. Why LA? Once she moves she has nothing to do with LA. Moreover LA might transfer the case to VSC
4. Id' say this -> maintain a residence in LA till oath to avoid complications.
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1. Yes, she will maintain residence in L.A. till oath.
2. After Natz, If she moves to N.J. and then files upgrade request with VSC, her husband will have to wait for quite some time before he gets legal status to stay in U.S. as well as to get EAD.
3. If she file her upgrade request in L.A. , file I-485 and apply for EAD also in L.A. on the same day as oath, he will get legal status to stay in U.S. and EAD both right away - no waiting. Where as filing these in N.J. will need VSC to call for all the files and may take few months before he gets his EAD. Please correct me if I am wrong.
4. Thanks , and I fully agree,She will maintain residence in L.A. atleast till oath and a little after: say a month.
 
Im unsure if it will take more time by applying via the VSC. Both VSC and CSC are processing I-130's very fast (under 2 months). However if she is going to maintain a residence in LA for a month or so after oath then its better to file the upgrade request in LA on the day of the oath itself!!
 
Hi Rahul,

Can you outline (or point to a reference for) the steps needed to apply for a green card for the spouse of a US citizen if the spouse is on H1 visa.

Thanks a bunch!
 
Hapless! said:
Hi Rahul,

Can you outline (or point to a reference for) the steps needed to apply for a green card for the spouse of a US citizen if the spouse is on H1 visa.

Thanks a bunch!
Click to expand...

I would think basically same steps as spouse would be on any valid visa , be it F1 or H1. Steps would be file I 130 together with file I 625 . Simatenously file I 485 for AOS and you may file for EAD ( I do not have the form No.) . Later, also file I 131 for advance parole: this will help for ReEntry in case he has to leave US for a brief visit.
Rahul can correct me if I am wrong.
 
Hapless,
You are not getting married are you?!!! hehe.. Well the steps are simple
File an I-130, and then 485/AOS
 
Thats the next step in the natural scheme of things ;)
The entire process takes 6-8 months, right? I heard the EAD arrives quickly..is that right?

Rahul Kumar said:
Hapless,
You are not getting married are you?!!! hehe.. Well the steps are simple
File an I-130, and then 485/AOS
Click to expand...
 
if your I-130 gets approved i believe you can skip the EAD. Hot 100% sure though. Phillydude is your pointman in this subject
 
Rahul Kumar said:
if your I-130 gets approved i believe you can skip the EAD. Hot 100% sure though. Phillydude is your pointman in this subject
Click to expand...
Why would you want to skip EAD? What if the spouse needs to work between I130 approval and I485 approval?
 
Hapless! said:
Hi Rahul,

Can you outline (or point to a reference for) the steps needed to apply for a green card for the spouse of a US citizen if the spouse is on H1 visa.

Thanks a bunch!
Click to expand...

Check with your local DO to see if they participate in the Rapid I-130/I-485 program. E.g. Dallas DO participates in this program and you can submit I-130/I-485/ I-765/I-131 all at once by making an infopass appointment (only valid for cases where an immigrant visa number is available immediately, e.g. spouse and/or parents of USC). This program is currently being run as a pilot program in some DO's. Good luck.
 
Pilot Program only in Dalla

fitness99 said:
Check with your local DO to see if they participate in the Rapid I-130/I-485 program. E.g. Dallas DO participates in this program and you can submit I-130/I-485/ I-765/I-131 all at once by making an infopass appointment (only valid for cases where an immigrant visa number is available immediately, e.g. spouse and/or parents of USC). This program is currently being run as a pilot program in some DO's. Good luck.
Click to expand...
I'm pretty sure this "Pilot Program" is only conducted at Dallas DO. Nowhere else, unfortunately.
 
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