H1-B Visa Holder married to a USC

[TexaswithLove 0]

I am asking this question in behalf of my friend who is married to a USC. She is holding a current H1-B visa and would like to adjust her status through marriage to a USC. She would like to know if what forms she needed to file in order to proceed with her AOS. Likewise, she would like to know if what will be the best answer for part number 2 of the I-485 question. I am looking forward to receive your inputs on these.

Thank you all!

Edited June 18, 2010 by TexaswithLove

[fabulous02 1]

I am asking this question in behalf of my friend who is married to a USC. She is holding a current H1-B visa and would like to adjust her status through marriage to a USC. She would like to know if what forms she needed to file in order to proceed with her AOS. Likewise, she would like to know if what will be the best answer for part number 2 of the I-485 question. I am looking forward to receive your inputs on these.

Thank you all!

I am adjusting my status from H1B to an LPR based on marriage to a USC as well. You friend will need to file the I-130, I-485, I-765 (EAD - work authorization, not really needed for H1B visa holder, but should do it incase your visa expires before you get your green card), I-131 (Advanced Parole to allow her to travel outside US while the case is being processed) and I-864 (affidavit of support). Along will this she will need to get her medical done by a USCIS approved civil surgeon to get the sealed I-693 envelope. Read the guides available on this site, they contain pretty useful information needed to file the forms.

For Part 2 of the I-485, I chose option h - Other basis of eligibility, and wrote - FILED CONCURRENTLY WITH I-130 PETITION BY US CITIZEN SPOUSE.

Good luck

[TexaswithLove 0]

I am adjusting my status from H1B to an LPR based on marriage to a USC as well. You friend will need to file the I-130, I-485, I-765 (EAD - work authorization, not really needed for H1B visa holder, but should do it incase your visa expires before you get your green card), I-131 (Advanced Parole to allow her to travel outside US while the case is being processed) and I-864 (affidavit of support). Along will this she will need to get her medical done by a USCIS approved civil surgeon to get the sealed I-693 envelope. Read the guides available on this site, they contain pretty useful information needed to file the forms.

For Part 2 of the I-485, I chose option h - Other basis of eligibility, and wrote - FILED CONCURRENTLY WITH I-130 PETITION BY US CITIZEN SPOUSE.

Good luck

Thank you for the quick reply. Another question, if for instance the husband does not meet the above poverty line, can my friend be allowed to become a joint sponsor for the I-864?

[engineer21 51]

I am adjusting my status from H1B to an LPR based on marriage to a USC as well. You friend will need to file the I-130, I-485, I-765 (EAD - work authorization, not really needed for H1B visa holder, but should do it incase your visa expires before you get your green card), I-131 (Advanced Parole to allow her to travel outside US while the case is being processed) and I-864 (affidavit of support). Along will this she will need to get her medical done by a USCIS approved civil surgeon to get the sealed I-693 envelope. Read the guides available on this site, they contain pretty useful information needed to file the forms.

For Part 2 of the I-485, I chose option h - Other basis of eligibility, and wrote - FILED CONCURRENTLY WITH I-130 PETITION BY US CITIZEN SPOUSE.

Good luck

Someone correct me if I'm wrong.. but if concurrently filed with i-130, I think you can choose option a for part 2 of i-485.

[fabulous02 1]

Someone correct me if I'm wrong.. but if concurrently filed with i-130, I think you can choose option a for part 2 of i-485.

I believe option a is when you already have an approval for I-130 and are attaching the approval notice with the AOS package. If you are filing concurrently, it means your I-130 hasn't been approved yet, so the option I chose should be the correct one.

[engineer21 51]

I believe option a is when you already have an approval for I-130 and are attaching the approval notice with the AOS package. If you are filing concurrently, it means your I-130 hasn't been approved yet, so the option I chose should be the correct one.

Nah, option a says you can attach approval notice

but you can also attach the actual petition that, if approved, will give you immediately available visa number.

[fabulous02 1]

Nah, option a says you can attach approval notice

but you can also attach the actual petition that, if approved, will give you immediately available visa number.

That may be your understanding, but I had made an infopass appointment prior to sending my AOS package, to confirm that the options I select on the forms are correct, and the person I spoke to recommended the option h instead of a in case of filing I-130 and I-485 concurrently. Can't say if h is the only correct option in this case, but that's the one I chose to use.