Hi I mailed my I-130 last december 3, 2005 RD-Dec. 7, 2005, and I only filed for I-130 because I don't have any idea that I can also file the 485. But anyway I just received my I-130 approval last March 29 so what will I do next? Do I need to wait for my schedule of interview or do I have to submit my 485 together with my medical report and also what papers or document do I need to include if I will file form 485? So please help me!!
what's the next step?
- Thread starter cesslim
- Start date
Since you are the spouse of a USC and are in US, you were eligible to file your I-485 concurrently with I-130, but even if you didn't that's alright. I too made the same mistake when I filed I-130 for my husband - because I didn't know about the process. Anyhow, you can use your approved I-130 receipt and file the I-485 package, ie:
1. I-485 - Adjustment of Status
2. I-693 - Medical
3. I-864 - Affidavit of Support from your husband (and a joint sponsor, if needed)
besides these 'mandatory' forms, you may also want to file:
4. I-765 or EAD (Employment Authorization Document), since you were on H-1B earlier, I presume you are gonna want to continue to work. Unless you want to keep your H-1B status until your I-485 (GC) is approved, you should file for EAD.
5. I-131 or AP (Advance Parole). If you are filing for EAD and you intend to use it, you should also file for AP. Once you start using your EAD, you will lose your H-1B status (even if it is still valid), and thereafter you would need an AP for traveling out of the US and back in.
PS: It would be helpful to the people replying your question, if you add a signature describing your case, status and the forms you filed.
Good Luck.
1. I-485 - Adjustment of Status
2. I-693 - Medical
3. I-864 - Affidavit of Support from your husband (and a joint sponsor, if needed)
besides these 'mandatory' forms, you may also want to file:
4. I-765 or EAD (Employment Authorization Document), since you were on H-1B earlier, I presume you are gonna want to continue to work. Unless you want to keep your H-1B status until your I-485 (GC) is approved, you should file for EAD.
5. I-131 or AP (Advance Parole). If you are filing for EAD and you intend to use it, you should also file for AP. Once you start using your EAD, you will lose your H-1B status (even if it is still valid), and thereafter you would need an AP for traveling out of the US and back in.
PS: It would be helpful to the people replying your question, if you add a signature describing your case, status and the forms you filed.
Good Luck.
Ah ok thanks a_usc. I think I will file for I-765 so as what you've said If I file EAD that means I will loose my H-1b status? Are there any case that the immigration will not approve I-485? And for the I-485 do I need to include some documents like photos, joint account bank and credit statements?
cesslim said:
You CAN work on H1-B and have an approved EAD at the same time. But the when you use your EAD for employment, you will have to let go of your H1-B.
There are various reasons why the I-485 will be denied, but if your case is simple, genuine and you submitted what was asked, you dont have to worry. If your case is not straighforward and if there is a probability of denial, USCIS would give you a chance to respond before they deny your I-485.
You carry proof of a bonafide marriage to the interview. You dont have to submit it with your application. (For the I-751, yes, the proof has to be submitted with the application)
As Ari mentioned - you don't have to send the so called 'documents of proof a bonafide marriage' with your I-485. You will need them later. For now, read the instructions in the I-485 and send only what they have asked for.
PS: One deviation from the instructions - The instructions in the form I-864 say (I don't think they've put up an updated version of it as yet) that the sponsor need to include tax returns of the 3 recent years, but you need only the lastest tax return as per the new law.
Good Luck.
PS: One deviation from the instructions - The instructions in the form I-864 say (I don't think they've put up an updated version of it as yet) that the sponsor need to include tax returns of the 3 recent years, but you need only the lastest tax return as per the new law.
Good Luck.