Got I-797 for I-130, Next?

[MrsCanuck 0]

I am a US citizen by birth and am married to a Canadian citizen who is in the US with me. He came to this country on a TN work permit. Because of the economy, he lost that job and has been unemployed for quite awhile. I have been approved to sponsor him for a green card (receiving the I-797 for the I-130).

We are getting ready to file the I-485 and I need to know exactly what I need to file with it.

Along with the I-485, we want to file the I-765 so he can work while they are processing him. He has already had the medical exam. What EXACTLY do we need to file with these forms? Do we have to send the G-325A for one or both of us as we have already sent them in with the I-130?

Thanks for your help!

[Barbara J 115]

I am a US citizen by birth and am married to a Canadian citizen who is in the US with me. He came to this country on a TN work permit. Because of the economy, he lost that job and has been unemployed for quite awhile. I have been approved to sponsor him for a green card (receiving the I-797 for the I-130).

We are getting ready to file the I-485 and I need to know exactly what I need to file with it.

Along with the I-485, we want to file the I-765 so he can work while they are processing him. He has already had the medical exam. What EXACTLY do we need to file with these forms? Do we have to send the G-325A for one or both of us as we have already sent them in with the I-130?

Thanks for your help!

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

[MrsCanuck 0]

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

Thanks, I did read it but we are not filing quickly after him getting his work permit. He has been here for 10 years, married for 11 years.

I just need to know the exact required papers to file with the I-485 and the I-765.

[Harpa Timsah 13,258]

This is a better guide

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

Normally people mail all of those forms as a CONCURRENT package, but what you did is okay too. Now you assemble a I-485 package and attach a copy of your I-130 approval notice. Treat the I-485 as a new package. You will need a new G-325a for him. You say he already had a medical. Do you have a I-693 filled out by a civil surgeon on a sealed envelope? The I-765 is only about one page, not much needed there. The code is C9 and you will tick "permission to obtain employment" NOT "renewal application" because he is applying under a new category. Once he gets his Greencard, he doesn't need a work permit anymore, because the work permit gives him all of those rights/permissions. You will also need an Affidavit of Support (I-864). Good luck.

[MrsCanuck 0]

This is a better guide

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

Normally people mail all of those forms as a CONCURRENT package, but what you did is okay too. Now you assemble a I-485 package and attach a copy of your I-130 approval notice. Treat the I-485 as a new package. You will need a new G-325a for him. You say he already had a medical. Do you have a I-693 filled out by a civil surgeon on a sealed envelope? The I-765 is only about one page, not much needed there. The code is C9 and you will tick "permission to obtain employment" NOT "renewal application" because he is applying under a new category. Once he gets his Greencard, he doesn't need a work permit anymore, because the work permit gives him all of those rights/permissions. You will also need an Affidavit of Support (I-864). Good luck.

Yes, we have the I-693, is it good for 6 or 12 months? I was told 6 but read on the USCIS site that it was good for 12 months.

Also, since I have already submitted our divorce papers to USCIS, do I need to resend them with this I-485 packet? Also, a G-325A for me or just him since he is the pettioner now?

Also, we want to go to Canada for Christmas, do we need to file an I-131 or did I read something about advance parole being automatic? Not really sure what that is in relation to him being able to go home while waiting for the permanent residency.

Thanks!

[MrsCanuck 0]

This is a better guide

http://www.visajourn...tent/i130guide2

Normally people mail all of those forms as a CONCURRENT package, but what you did is okay too. Now you assemble a I-485 package and attach a copy of your I-130 approval notice. Treat the I-485 as a new package. You will need a new G-325a for him. You say he already had a medical. Do you have a I-693 filled out by a civil surgeon on a sealed envelope? The I-765 is only about one page, not much needed there. The code is C9 and you will tick "permission to obtain employment" NOT "renewal application" because he is applying under a new category. Once he gets his Greencard, he doesn't need a work permit anymore, because the work permit gives him all of those rights/permissions. You will also need an Affidavit of Support (I-864). Good luck.

Yes, we have the I-693, is it good for 6 or 12 months? I was told 6 but read on the USCIS site that it was good for 12 months.

Also, since I have already submitted our divorce papers to USCIS, do I need to resend them with this I-485 packet? Also, a G-325A for me or just him since he is the pettioner now?

Also, we want to go to Canada for Christmas, do we need to file an I-131 or did I read something about advance parole being automatic? Not really sure what that is in relation to him being able to go home while waiting for the permanent residency.

Thanks!

[JimVaPhuong 4,863]

Yes, we have the I-693, is it good for 6 or 12 months? I was told 6 but read on the USCIS site that it was good for 12 months.

Also, since I have already submitted our divorce papers to USCIS, do I need to resend them with this I-485 packet? Also, a G-325A for me or just him since he is the pettioner now?

Also, we want to go to Canada for Christmas, do we need to file an I-131 or did I read something about advance parole being automatic? Not really sure what that is in relation to him being able to go home while waiting for the permanent residency.

Thanks!

The I-693 should be good for 12 months.

As mentioned before, treat the I-485 as a completely new and separate application. Include all required supporting documents. Do not presume they will share supporting documents between the I-130 and I-485. With the I-485, the intending immigrant is the petitioner. The only thing needed from the US citizen is an affidavit of support.

His TN status expired 10 days after his work ended. He has probably accumulated some unlawful presence. If it's more than 180 days then a ban would be triggered if he left the US. Having a pending AOS won't prevent this, nor will having an approved advance parole. Unless you're absolutely sure he doesn't have enough accumulated unlawful presence to trigger a ban then you should forget the AP and wait until he's got his green card before leaving the US. If you file now then he should have his green card well before Christmas.