H1B to Green Card through Marriage

[jennbugg 0]

Hi All,

**I put this in the Employment category because I wasn't sure how to fit it under the K visas.

Been doing a ton of reading and was hoping for some clarification. I am a Canadian and came to the US to work on an H1B visa 3 years ago. This past April, I married my USC husband. (We met in University in Canada prior to me moving to the US). I am now going to apply for my Green Card but want to do it without a lawyer if possible. Here is what I think I need:

USC Husband to fill out:

I-130

I-864

G-325A

Canadian wife currently on H1B in the USA:

I-485

I-131

I-765

G-325A

I also need a medical exam where the doctor fills out: I-693

Is that correct? (I super appreciate any advice/guidance)

[Harpa Timsah 13,258]

Your forum is over here Adjustment from work, student, or tourist visas. http://www.visajourney.com/forums/forum/130-adjustment-of-status-from-work-student-tourist-visas/

Here is the VJ guide

http://www.visajourney.com/content/i130guide2

Your list looks good to me for forms, but there is also other evidence required for each of these forms. You also need to submit a G-325A for you as well as your husband for the I-130. Send everything in a package together to the Chicago lockbox designated for CONCURRENT applications. Good luck.

[jennbugg 0]

Thanks! I really appreciate the extra set of eyes. The list of additional resources they ask for seem quite straightforward (eg. Marriage certificate, photos, etc.)

[jennbugg 0]

Hi All,

One other question:

In the step by step guide, it says that I-765 and I-131 are optional. As an individual currently on an H1B (only 1 year in to the visa), do I need to submit the I-765 and I-131 with my AOS to a Green Card? I was under the impression that with my H1B I could continue to work and travel cross border with it even during the process.

[Harpa Timsah 13,258]

You can continue to work but you CANNOT travel until your AP (131) is approved. Leaving the country before you have this document will automatically void/abandon your AOS application. Both of those applications (765 and 131) are free with your AOS submission.

[metals95 1]

You can continue to work but you CANNOT travel until your AP (131) is approved. Leaving the country before you have this document will automatically void/abandon your AOS application.

This information is untrue for an H1b visa holder. As long as you are working for your H1b employer you can travel on your H1b during AOS. H1b is dual intent. (temporary work while pursuing green card). Since Canadians are visa exempt you can continue to travel. If you were from some other country with an H1b you still need the multiple entry visa stamp in your passport.

You could apply for AP and EAD, they are included in the AOS cost, no harm no foul. an H1b visa holder does not need them unless you quit your job or are fired.