Green card through marriage from H1b

[lullaby3 0]

Hello,

I am an Italian citizen H-1b visa holder and I got married in July to an American Citizen. I haven't applied for a green card yet because the process seems a little bit complicated.

I am not sure if I should file consular processing or adjustment of status. In the I-485 none of the options seems to be the right one.

Also i need to travel back to Italy on April 5th. Will I be able to travel if I apply now?

Many thanks,

Marina

[rocketman 6]

it should be i-130 + i 485.

[aussie_jason 195]

Your spouse should file an I-130 and at the same time you should file I-485, I-131 & I-765 (plus supporting forms, details here - http://www.visajourney.com/content/i130guide2), the process really isn't that complicated it is just a little time consuming to read & follow all the instructions.

Typically you would receive your EAD/AP combo card (Employment Authorization Document and Advanced Parole) within 60-90 days of USCIS receiving your AOS (Adjustment of Status) package if there are no issues with your application so you would be cutting it fine with travel in April.

[Hypnos 6,576]

H-1B is dual intent, meaning you can travel abroad on it and re-enter the US without abandoning any pending AoS application you have; you do not need Advance Parole provided your H-1B is valid.

I-485 is A.

Edited January 16, 2014 by Hypnos

[aussie_jason 195]

H-1B is dual intent, meaning you can travel abroad on it and re-enter the US without abandoning any pending AoS application you have; you do not need Advance Parole provided your H-1B is valid.

I-485 is A.

I stand corrected, my belief was that the dual intent only allowed you to extend the H1 while under AOS but I was wrong, it allows you to do that AND to travel on the H1 while under AO regardless of having AP.

[hmh33 117]

The above is correct as long as you are still maintaining valid H-1B status (i.e. working for the employer that sponsored the H-1B). If you've quit the job, you should wait for the advance parole to arrive before traveling.

[lullaby3 0]

Thank you! I am starting the process now