L1 Visa, lost job, married to US citizen what now?

[Timf79 3]

Hello,

I hope this time I am posting in the right group.

I came to the US on 2006 on a L1 work Visa.

My employer filed for an extension (I-797a) which was granted and so I have a current I-94 good till 05/2012.

In April this year I married my wonderfull wife.

Today I was layed off from my employer.

As a curtesy I could speak to the immigration lawyer of my company and I was told that I need to submit:

G-325

I-130

I-485

I-765

I-864

The advice was to file all this together (I assume in one letter/package).

Further was I told I should go ahead and file as this as soon as possible (within a week).

The medical exam I could then schedule in parallel and bring the I-639 to the interview or provide this at a later point in time.

The step-by-step on this page though state to submit the I-639 with the package?

Since I do not want to risk getting deported I am confused on what to do now (besides that I need to get my EAD, not working will drive me insane).

Luckily my wife has a job making over 20k a year, which I udnerstand is sufficient for the I-864 requirement, corect?

[Kathryn41 3,205]

You received good advice. Complete the different forms and submit them with the evidence you have asap. Arrange for your medical to be done - you may find that you can get it done before you submit the AOS package, but if not, then submit the package as is. You will probably receive a Request for Evidence (RFE) for the missing medical and you can send it in at that time. If you do not receive an RFE, then you would need to bring the medical with you to the interview. You may also wish to complete an I-131 - that is a request for permission to travel while you wait for your green card to be processed.

G-325 - Biographical Information Sheet

I-130 - Petition filed by your wife requesting permission for you to file for an immigrant visa based on family connection

I-485 - Application to change your current status from expired L-1 to Permanent Resident (e.g green card) (AOS)

I-765 - Application for Employment Authorization Document (EAD)

I-864 - Affidavit of Support - a contract between your wife and the US Government regarding being able to support you financially

I-131 - Application for Travel Document also known as 'Advance Parole' - AP.

I-693 - Immigration medical done by an approved Civil Surgeon

Prepare each application or petition as a separate item and include individual attachments for each one, even if they are also requested for other applications. All of these should be submitted together, but the most important ones are the I-130, the I-485 and the I-864. The I-765 and the I-131 are often broken out and adjudicated separately so everything needs to be complete in and of itself.

The I-765 and the I-131 should be processed fairly quickly (within 2 months currently) and will give you permission to work and to travel out of the US and return while waiting for your green card.

Once you submit the AOS package and it has been received you are no longer out of status in the US and are considered legally present. You would not be deported. If there is any missing evidence necessary for the AOS consideration, you will receive an RFE and given a specific time in which to provide the missing document.

If there is just the two of you in the household (no children) then $20,000 should be sufficient for the required income of $18,212. The sponsor needs to have income that equals 125% of the poverty level for a household your size. If there is one child, however, the level increases to $22,887. http://www.uscis.gov...form/i-864p.pdf

Edited November 24, 2010 by Kathryn41

[Timf79 3]

Does the I-635 need to be done by a USCIS certified physician or any physician?

BTW,

thank you so much for the fast response!

[VanessaTony 3,567]

Does the I-635 need to be done by a USCIS certified physician or any physician?

BTW,

thank you so much for the fast response!

By a Civil surgeon designated by USCIS. Here is the locator: https://egov.uscis.gov/crisgwi/go?action=offices.type&OfficeLocator.office_type=CIV