I-485/I-130 concurrent filing

[courtsk1 0]

Hi,

I've noticed that a lot of people are filing an I-130 first for their spouse, waiting on an approval notice, then filing their I-485. I was under the impression that these two forms could be filed together in the same packet. Am I wrong in this assumption? My husband and I got married in feb. and I am currently an H1B worker here in the US from Canada. We will be filing I-130 and I-485 at the same time. This is correct, yet?

Thanks.

[Penguin_ie 5,993]

** Moving from CR-1 spousal visa to AOS from Work Visa forum ****

OP, you are not actually filing for a CR-1 spousal visa like your profile says; visas are for entering countries, and you are already here. You are trying to Adjust Status from a work visa to a greencard based on marriage. See our Guide here on how to file: http://www.visajourney.com/content/i130guide2

[goodbar 1]

Yes you are correct

[koosdur 0]

Hi,

I've noticed that a lot of people are filing an I-130 first for their spouse, waiting on an approval notice, then filing their I-485. I was under the impression that these two forms could be filed together in the same packet. Am I wrong in this assumption? My husband and I got married in feb. and I am currently an H1B worker here in the US from Canada. We will be filing I-130 and I-485 at the same time. This is correct, yet?

Thanks.

yes you can file them together , I am kinda in the same boat on H1B and filing (I130,I485) through my wife .

1.usa.gov/ddKZtH

[goodbar 1]

yes you can file them together , I am kinda in the same boat on H1B and filing (I130,I485) through my wife .

1.usa.gov/ddKZtH

Please update your timeline and share your journey

[koosdur 0]

Please update your timeline and share your journey

I am still working on gathering some documents , i will do it after mailing my application

[courtsk1 0]

Thanks everyone! I'm putting together my packet and so worried that I'm missing something that will cause me to be denied or something! I didn't want to spend the money on an immigration attorney, but I kinda understand now why people do. Money well spent, I'm sure! Here's another question: as an H1B holder, I have a I-94 document. Canadians don't require visas to live in the US, so this is my only document. When we went on our honeymoon, the US immigrations officer issued me another I-94 card in miami when we returned. Do I need to submit a copy of this as well as my original H1B I-94 card? I don't want to overwhelm the person reviewing my file with too much information, but I also don't want to omit important information that could be considered as fraud.

[Harpa Timsah 13,258]

Are you in possession of your original I-94? If yes, then include it. If not, then send what you have.

I do know that Canadians can be given F-1 "status" at the border without applying for a formal visa, but I have not heard of this for H1B. Surely the company had to write letters to the US gov explaining that you were the only person available to do the job? Do you have any of that? Who vetted that information?

[courtsk1 0]

I was originally in the US under F1 status, so I have a I94 card for that. I also have one for the H1B status. And now I have this other one from that officer in Miami. I feel like the last one is sort of arbitrary, but I'm pretty sure thats not my call. lol

I have an employment letter from my HR person stating the information needed. I'm thinking I'll include all 3 I94 cards. My port of entry initially was Buffalo, NY Peace Bridge, so I'm going to put that as my port of entry, rather than Miami (where we entered from our honeymoon),as I was already a temporary resident (H1B) when we entered. Does that sound correct?

[Harpa Timsah 13,258]

Okie, so you changed status from F-1 to H1B within the US.

Include what you have and spell out very clearly what you are showing. You are supposed to give away your I-94s at the border, but I suppose the fact you have many of them will help show the evolution of your statuses.

[courtsk1 0]

Perfect! Thank you so much! I figured it was better to just give all the information then for me to decide what was important and what was not. And am I correct to put my A# on absolutely everything in my application packet? I figure its probably a good idea.

I know I'm asking a million questions! I'm just excited to have found people who actually know what they're talking about and are going through the same process.