AOS from H1B to Green Card through family

[dearmiss 0]

Hey everybody,

I'm from Europe and I've been living in the U.S. for 6 years now. I got here to study but after graduation I started to work and got my H1B visa. It expires in October 2012. A month ago I married my U.S. fiance - we've been together for over 5 years and the marriage is for right reasons. Now I'm getting ready to apply for a GC and I decided to do it on my own. These are the forms I think I need. Does anybody know if I have all the forms I need or if I'm missing something?

Form I-485

Form I-130

Form I-864

Form G-1145

Form G-325A

Form I-693

Thanks so much for your help!

[Little_My 464]

You'll also probably want to fill out the I-131 which is for Advance Parole. The AP allows you to travel internationally while your GC application is pending. Most people apply for the EAD, which allows you to work while the application is pending, but since you are on H1B you won't be needing that.

Other than that, you seem to have the right forms. If you look through the guide here on VJ for concurrent filing if I-130 and I-485, it will list you everything you need.

Good luck!

Edited August 23, 2011 by Little_My

[dearmiss 0]

Thanks so much! I thought I don't need I-131 since I can travel on my H1B while waiting on GC but is that not the case?

Thanks again!

[Little_My 464]

Hmmm.. Maybe you can - I actually don't know, I'm not very familiar with the H1B. But someone here will know, and will probably chime in very soon In the mean time, start with the other forms, those will keep you busy for a while!

[Harpa Timsah 13,258]

H1B is a dual-intent visa, so yes, you can travel while GC is pending. Only 2 visas can do this, the H1B and the L.

[dearmiss 0]

Awesome, thank you!

Does anybody know anything about a name change on GC - I have not officially changed my name when I got married in Europe because I didnt have enough time (had to go back to US to work) but I would really like to have my husband's name on my GC. Then I would of course change it officially next time im home in Europe. Is that possible?

[Harpa Timsah 13,258]

Yes, just fill out the paperwork in married name. The marriage certificate is a valid name change document for USCIS.

[dearmiss 0]

oh okay I see, thank you. on my marrige licence I did not select a new name after marrige. so the certificate has my name before the marriege and my name after the marrige listed as the same name. in Slovenia you need to change all your documents after 30days that's why I couldn't list my new name. But looks like I can do it on GC, thanks