Best time to submit I-485 in my case?

[catiemumu 0]

Hello all -

I am hoping that someone can help me with my questions below. Thank you in advance for your help!

[FACTS]

1. Married on 11/1/2015 to a U.S citizen

2. Currently on H1B visa with expiration date on 8/20/2016

3. I need to return to my home country Taiwan for our Asian wedding banquet on 8/7/2016

[iSSUES]

1. U.S. citizen spouse did not file 2014 tax return and the return may not be accepted and processed by IRS until April.

2. I may not receive my EAD card (AP) prior to my Taiwan trip on 8/7/2016 and I will lose my status of H1B on 8/20/2016

[QUESTIONS]

1. What would be the best time and best approach to handle my case? I have the following thoughts

a. File I-130 first in the near future and file I-129F in June timeframe. Interview with the U.S. consulate in Taiwan in August and return to the U.S. under K-3 visa. I will start I-485 once I return to the U.S. This could be beneficial as it’s my understanding that I can work under K-3 visa.

b. File I-130 and I-485 concurrently in April (contingent upon IRS’s receipt of my spouse’s 2014 tax return) and hope that I will get the EAD card prior to August. I have read some cases that most of people received their EAD card within 2 months.

[aleful 1,905]

Hello all -

I am hoping that someone can help me with my questions below. Thank you in advance for your help!

[FACTS]

1. Married on 11/1/2015 to a U.S citizen

2. Currently on H1B visa with expiration date on 8/20/2016

3. I need to return to my home country Taiwan for our Asian wedding banquet on 8/7/2016

[iSSUES]

1. U.S. citizen spouse did not file 2014 tax return and the return may not be accepted and processed by IRS until April.

2. I may not receive my EAD card (AP) prior to my Taiwan trip on 8/7/2016 and I will lose my status of H1B on 8/20/2016

[QUESTIONS]

1. What would be the best time and best approach to handle my case? I have the following thoughts

a. File I-130 first in the near future and file I-129F in June timeframe. Interview with the U.S. consulate in Taiwan in August and return to the U.S. under K-3 visa. I will start I-485 once I return to the U.S. This could be beneficial as it’s my understanding that I can work under K-3 visa.

b. File I-130 and I-485 concurrently in April (contingent upon IRS’s receipt of my spouse’s 2014 tax return) and hope that I will get the EAD card prior to August. I have read some cases that most of people received their EAD card within 2 months.

hi

file now, you will have the GC by next year

was your wife required to file taxes? if so she can file now a backtax for 2014, if she wasn't required she needs to attach a letter explaining why, what about current income, what has she made this year?

as we have said the K3 is obsolete since it takes the same time to be approved as the i130, 5 months or maybe more,

also the k3 doesn't allow you to work, only to enter the US to adjust status, which you are already here on an H1B visa, so no need to enter the country to adjust status, you are already working so you don't need an EAD

you should file as soon as you can so you can travel next year with a GC and not worry

[NikLR 13,227]

H1B is dual intent. Have you looked into adjusting due to the H1B?

[catiemumu 0]

H1B is dual intent. Have you looked into adjusting due to the H1B?

Hi NLR, can you please elaborate more on what you meant? If H1B can have dual intent (work and immigration purposes), I am thinking that maybe I don't need to apply for AP as my biggest concern is whether I will be able to return to the US.

We will file my spouse tax return in January/February and submit our GC application (I-130 and I-485, and supporting docs/forms) by March. If I need to travel out of the country during July and August time frame and can return to the US before my H1B visa expires on 8/20/16. I should still be able to enter the US given that I have 1) a valid H1B visa 2) filed I-130 and I-485, right? My only concern is that when I return to the US in August, it will be too close to my H1B visa expiration and could be denied of entry.

Thanks!!