Do I need to file a I-130?

[connecticut 0]

Can anyone help me? I am confused...

I am working in US with a H1-B visa. My husband recently became a US citizen by naturalizaiton. I want to apply for green card through him. One of my friends told me that I don't need to file I-130 because "as spouse of US citizen, there is no visa number restriction". Is that correct?

Based on my research on this forum, my understanding is that I need to file I-130 and I-485, but don't need to file I-131 to obtain a AP because I am a H1-B visa holder and will file a I-485 to USCIS.

[YuAndDan 153]

Your friend said WRONG.

The I-485 needs to be based on something, in your case it needs to be based on a concurently filed I-130.

Look at form I-485 instructions: http://www.uscis.gov/files/form/i-485instr.pdf

Page 1 under who may file form I-485, You are 1, B.

You check "A" on the I-485.

START with this guide: http://www.visajourney.com/forums/index.ph...page=i130guide2

Note H-1 visa holder does NOT need to file an I-131 for an AP doc as long as the H-1 is valid for the time of travel.

[connecticut 0]

Thank you YuAndDan!