I-130

[5lucky5 0]

Hello, I'm new here.

I was worried. My visa(O-1) and I-94 will be expired the end of May. I married US citizen on March 2012.

I've sent I-130 last week. I didn't know I could sent I-485...... my question is when my i-94 is expired, I'll be illegal?

I have to go back my country or stay here till get my GC.

Should I use attorney?

[jdh 103]

Go ahead and file you 485 as well, you do that and have your case become concurrent. Any overstay will not matter, it is forgiven for spouse of US citizens.

[5lucky5 0]

Go ahead and file you 485 as well, you do that and have your case become concurrent. Any overstay will not matter, it is forgiven for spouse of US citizens.

Thank you! so should I wait to get approved i-130. and then send i-485, right?

I don't need an attorney?

[jdh 103]

Thank you! so should I wait to get approved i-130. and then send i-485, right?

I don't need an attorney?

No, you don't need an attorney and no you don't have to wait.

Do some reading on here and ask questions and you will have all the knowledge you need.

If you can follow instructions and fill out simple forms, you an easily do it yourself.

[Harpa Timsah 13,258]

Thank you! so should I wait to get approved i-130. and then send i-485, right?

I don't need an attorney?

No NO No. if you read the previous response, it suggests that you send a I-485 and ALL of the supporting paperwork NOW so you can change to a concurrent I-130/I-485 application. Include a copy of your NOA1 from the I-130 and your cases will be matched up and processed together. You do not need to wait for I-130 approval.

[5lucky5 0]

I see. I don't have NOA1 yet .

So when I get it. I'll send the copy of NOA1, I-485 and all of the paperwork.

I'll be okay.

Is it correct?

[Harpa Timsah 13,258]

Yep! If you do that you will turn it into a concurrent case and you will wait here until you get your Greencard (or temporary travel permission called Advance Parole).

Keep in mind this is not a good plan if you have business you need to attend to in Japan. If you leave the US before getting approved travel permission, called Advance Parole, your I-485 will be considered abandoned and you will lose $$ and be stuck outside the US.

Is staying in the US a good option for you?

[5lucky5 0]

Thank you for all. I felt better now.

I'm working US so It's better to stay here and I have a husband.

Hope I get GC soon so I can visit Japan.

Thank you again!!!!!

[grrrrreat 109]

Thank you for all. I felt better now.

I'm working US so It's better to stay here and I have a husband.

Hope I get GC soon so I can visit Japan.

Thank you again!!!!!

If USCIS receives your I-485 before your I-94 expires, your status will be put on hold and you will not be overstaying at all. When you submit I-485, you can also submit I-131 to request advance parole, which you can use to travel even before your GC, PROVIDED that you have not incurred a bar by overstaying any I-94 for more than 180 days. Do not leave the U.S. without advance parole, or your I-485 will be cancelled. Also submit I-765 for an employment authorization document allowing you to work before your GC is approved. Both I-131 and I-765 can be submitted with I-485 and are free if you do it this way.

Edited April 26, 2012 by grrrrreat

[5lucky5 0]

If USCIS receives your I-485 before your I-94 expires, your status will be put on hold and you will not be overstaying at all. When you submit I-485, you can also submit I-131 to request advance parole, which you can use to travel even before your GC, PROVIDED that you have not incurred a bar by overstaying any I-94 for more than 180 days. Do not leave the U.S. without advance parole, or your I-485 will be cancelled. Also submit I-765 for an employment authorization document allowing you to work before your GC is approved. Both I-131 and I-765 can be submitted with I-485 and are free if you do it this way.

Okay, It's very clear now.

Thank you!

[5lucky5 0]

Another Question....

I'm working on I-765

Question 11, Have you ever before applied for employment authorization from USCIS?

Am I "Yes"?

I have O-1 visa holder...

[grrrrreat 109]

Another Question....

I'm working on I-765

Question 11, Have you ever before applied for employment authorization from USCIS?

Am I "Yes"?

I have O-1 visa holder...

Is the O-1 visa the only document you have? The answer is no in that case because an O-1 visa is not the same as an employment authorization from USCIS.

Question 15 asks about your current status and you will write O-1 there.

What is your extraordinary ability? Just curious.

Edited April 26, 2012 by grrrrreat

[jdh 103]

What is your extraordinary ability? Just curious.

Maybe she is the model on her avatar? That would be pretty extraordinary.

[5lucky5 0]

I wish..... I make people beautiful

I'm makeup arist.

[grrrrreat 109]

I wish..... I make people beautiful

I'm makeup arist.

Very interesting! Good luck!