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rimmi2002

How to file for a h1b to green card converion if marrying a US Citizen

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Filed: Timeline

Hi I wanted to file for a AOS application for my wife. We recently got married. I'm a U.S. citizen and she is working on a H1B visa. So Far what I have gathered is that the applications to file are.

1) I-485 - AOS application

2) I-131 - Travel Document

3) I-693 - health clearance

4) I-130 - Petition for alien relative

5) I-765 - Emplyement Authorization form - For Part 16 it asks for eligibility category – My wife is a physician on a H1B visa. I’m a citizen. So what eligibility category will that make her?

Do I need the following as well?

1) I-864 Affidavat of support?

2) G-325 biographic information?

My wife is on H1B that will expire within 30 days of her leaving her job. She works in a different state. We'd like to live together as soon as possible. So i wanted to get everything done together and right the first time. I have never done this and the immigration lawyer is charging a ludicrous amount of $2000, in which I have I already filled out all the applications, except for a few areas I need help on. If anyone out there can help please let me know. I'd really appreciate it. Also what documents do I need to mail with the application? like Marriage license? verification of employment? anything else that is needed? Please any help will be appreciated. Thanks in advance.

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Yes, you will need the I-854 and G-325.

Look over this guide

My Advice is usually based on "Worst Case Scenario" and what is written in the rules/laws/instructions. That is the way I roll... -Protect your Status - file before your I-94 expires.

WARNING: Phrases in this post may sound meaner than they were intended to be. Read the Adjudicator's Field Manual from USCIS

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Filed: Timeline

Thanks for help. The guide is really useful. One quick question. The guide says I need to send a copy of my wife's passport. Her passport will expire on Dec 29th 2009. She has not had time to get a new one yet. Is an expired passport okay, can I send a renewed one later a few weeks down the line...or does it have to renewed before sending?

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Filed: Timeline

Thanks. She has a passport from India. I am worried because one the required paperwork in the link for the guidelines you mentioned above were.

"Copy of the non US Citizen Spouses Passport (biographical page as well as entry stamps)."

The passport will expire on 12/29/09...so I didn't want them to reject the application because of that. She will be applying for a new passport and getting it within the next 2-3 weeks. I just wanted to send out the paper work so we can get employement authrorization asap so my wife can leave her current work and come live with me in the same city. So just wanted to clearify that an expired passport will not jeopardize the application to get atleast to get the employement authorization. Thanks.

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