Change of Status from G-1 Visa

[donlee 0]

My wife and I came into the US 20 years ago on G-1 and G-4 visas, respectively. I retired and moved from G-4 to my wife's G-1 visa several years ago. We own an apartment in our joint names.

My daughter married a US citizen and became a US citizen.

1. She will now sponsor me for a GC using I-130.

• Since I am in the US, can I also submit an I-485 at the same time with the I-130, even on a G-1 visa?
• Should I also submit I-864 Affidavit of Support and I-693 Report of Medical Examination and Vaccination Record with the I-485?
• Should I also submit I-765 Application For Employment Authorization and Form I-131 Application for Travel Document (travel parole) at the same time?

2. Athough I hold a G-1 visa, I do not have diplomatic immunity. I am retired and my wife is a support staff in an embassy.

• Will I still need to submit a waiver of rights and privileges using I-508?

3. My daughter cannot sponsor my wife because I remarried when my daughter was past the age of 18. So how can my wife get a GC?

• Do I wait until my GC is approved and then I immediately submit an I-130 to sponsor my wife together with an I-485 as in my case?
• Or is there a minimum waiting period from the time my GC is approved to when I can submit and I-130 for my wife?
• Should I also submit I-864 Affidavit of Support and I-693 Report of Medical Examination and Vaccination Record with the I-485?
• Should I provide the I-864 Affidavit of Support or should it be from my daughter again?
• Can I also submit I-765 Application For Employment Authorization and Form I-131 Application for Travel Document (travel parole) at the same time?

Grateful for any advice and clarifications to help me with my situation. Thanks

[aleful 1,905]

hi

yes you will be able to adjust status in the US as you entered legally to the country, you will have to attach proof of the visa with your packet

read the guides, you send everything together

once you get your GC, you can file for your wife, but she can't adjust status in the US

[Hypnos 6,578]

1) Yes, you can concurrently file an I-130 and an I-485 since you're an immediate relative of a US citizen (parent, in this case).

Your daughter will need to file an I-864 on your behalf with the applications. If her income is insufficient, a joint sponsor will be required.

You should file I-131 (for AP) and I-765 (for an EAD) applications at the same time.

2) As I understand it, you will need to file an I-508 and possibly an I-566 with your applications also. However, this is far from something I'm familiar with, so you may wish to consult with an experienced immigration attorney, ideally one who has handled G adjustments before.

3) Once your I-485 is approved, you can then file an I-130 for your wife. She cannot currently file an I-485 also, since she will not be an immediate relative of a US citizen, and so will need to wait for her priority date to become current. This will take approximately 18 months. There is no minimum waiting period, so you can file the I-130 immediately upon acquiring your LPR status (and should).

Since you will be sponsoring your wife, you would need to provide the I-864 in this second case. If your income is insufficient, you would need to obtain a joint sponsor. Your wife may be able to use her income on your I-864, but I am far from certain if that's permitted on a G visa since she may not have paid federal income taxes on it. Again, that's something to ask an attorney.

When it comes time to file your wife's I-485, she would likewise need to file I-508 and possibly an I-566, together with your I-864 for her. You can and should file I-131 and I-765 applications, too.

Edited May 15, 2016 by Hypnos

[donlee 0]

Thanks so much for your very helpful advice!!

[donlee 0]

hi

yes you will be able to adjust status in the US as you entered legally to the country, you will have to attach proof of the visa with your packet

read the guides, you send everything together

once you get your GC, you can file for your wife, but she can't adjust status in the US

I don't understand why my wife can't adjust status in the US. She is in the US legally in her own right on a G-1 visa with an Embassy. Do you mean she has to resign her job and leave the country before I can file for her?

Thanks

[aleful 1,905]

hi

no, the petition takes close to 2 years, will she be legally in the country in 2 years? if so, then she can adjust status in the US

if not, she cannot be one day illegally in the country, she will have the interview in her country of origin

you can file the i130 immediately when you become a LPR, but there is a waiting period because she isn't an immediate relative, her petition is different from yours

[donlee 0]

1) Yes, you can concurrently file an I-130 and an I-485 since you're an immediate relative of a US citizen (parent, in this case).

Your daughter will need to file an I-864 on your behalf with the applications. If her income is insufficient, a joint sponsor will be required.

You should file I-131 (for AP) and I-765 (for an EAD) applications at the same time.

2) As I understand it, you will need to file an I-508 and possibly an I-566 with your applications also. However, this is far from something I'm familiar with, so you may wish to consult with an experienced immigration attorney, ideally one who has handled G adjustments before.

3) Once your I-485 is approved, you can then file an I-130 for your wife. She cannot currently file an I-485 also, since she will not be an immediate relative of a US citizen, and so will need to wait for her priority date to become current. This will take approximately 18 months. There is no minimum waiting period, so you can file the I-130 immediately upon acquiring your LPR status (and should).

Since you will be sponsoring your wife, you would need to provide the I-864 in this second case. If your income is insufficient, you would need to obtain a joint sponsor. Your wife may be able to use her income on your I-864, but I am far from certain if that's permitted on a G visa since she may not have paid federal income taxes on it. Again, that's something to ask an attorney.

When it comes time to file your wife's I-485, she would likewise need to file I-508 and possibly an I-566, together with your I-864 for her. You can and should file I-131 and I-765 applications, too.

Thanks so much for your assistance.

1. In the I-864 my daughter is filing for my I-130 application, she will be entering her husband's income under Part 6, 3-5.

• Will both she and her husband need to provide their tax returns?

2. In the I-864 for my wife my current pension is sufficient. But, I have not paid Federal taxes on this as I have been on a G-1 visa. Will this be accepted?

Thanks

[donlee 0]

hi

no, the petition takes close to 2 years, will she be legally in the country in 2 years? if so, then she can adjust status in the US

if not, she cannot be one day illegally in the country, she will have the interview in her country of origin

you can file the i130 immediately when you become a LPR, but there is a waiting period because she isn't an immediate relative, her petition is different from yours

Thanks for your quick response. Yes, she can stay in her job as long as she likes and her I-94 is marked D/S (duration of service). I guess once they approve her AOS, she can resign?

[aleful 1,905]

hi

yes, her husband will need to fill out the i864A as her household member

he will submit the same financial evidence as her, w2s, paystubs, employer letter

plus proof of citizenship or LPR status and proof they live at the same address

Thanks for your quick response. Yes, she can stay in her job as long as she likes and her I-94 is marked D/S (duration of service). I guess once they approve her AOS, she can resign?

once she gets the GC she can resign if she wants to

[donlee 0]

hi

yes, her husband will need to fill out the i864A as her household member

he will submit the same financial evidence as her, w2s, paystubs, employer letter

plus proof of citizenship or LPR status and proof they live at the same address

once she gets the GC she can resign if she wants to

Thanks so much. And while she is waiting for her GC, she can leave the country to visit her parents in Australia and reenter on the G-1 visa, if she applies for travel parole? Or does she not need a travel parole since she holds a valid G-1 visa?

[Harpa Timsah 13,258]

Thanks so much. And while she is waiting for her GC, she can leave the country to visit her parents in Australia and reenter on the G-1 visa, if she applies for travel parole? Or does she not need a travel parole since she holds a valid G-1 visa?

You will not be able to file the I-485 for your wife until her priority date is current, which will be a year and a half or so after you file the I-130.

You, as a permanent resident, will not have the same rights as citizens, and will have to wait for a visa number to be available for your wife (expressed as priority date).

So, you will file I-130 and she will live her on her G-1 and travel normally.

Then when her priority date is current, you can file I-485. I am not sure if the G visa allows for travel while the I-485 is pending. If not, then you would file the I-131 which is free along with the I-485 which would give her the ability to travel. That takes 90 days from the time you send it.

You can google "Visa Bulletin" to get an idea of the categories that must wait for an available visa number.

Edited May 15, 2016 by Harpa Timsah

[donlee 0]

You will not be able to file the I-485 for your wife until her priority date is current, which will be a year and a half or so after you file the I-130.

You, as a permanent resident, will not have the same rights as citizens, and will have to wait for a visa number to be available for your wife (expressed as priority date).

So, you will file I-130 and she will live her on her G-1 and travel normally.

Then when her priority date is current, you can file I-485. I am not sure if the G visa allows for travel while the I-485 is pending. If not, then you would file the I-131 which is free along with the I-485 which would give her the ability to travel. That takes 90 days from the time you send it.

You can google "Visa Bulletin" to get an idea of the categories that must wait for an available visa number.

Thanks so much. I didn't realise that I couldn't submit the I-485 together with I-130.

[Harpa Timsah 13,258]

Thanks so much. I didn't realise that I couldn't submit the I-485 together with I-130.

That only works for categories where a visa number is immediately available, like in the case of your daughter filing for you (category immediate relative of US Citizen).

[donlee 0]

That only works for categories where a visa number is immediately available, like in the case of your daughter filing for you (category immediate relative of US Citizen).

So this means that it can take up to 2 years for a visa number for my wife and then wait another 6-8 months for the AOS to be approved?

[Harpa Timsah 13,258]

So this means that it can take up to 2 years for a visa number for my wife and then wait another 6-8 months for the AOS to be approved?

Yes, pretty much.

The visa number thing is not so predictable; it can go faster or slower, and all we can get is a picture of now and look at historical data. It could be that less people act on their visa, so that more numbers would become available and it could be sooner. Or it could be longer. But I think this category has stayed fairly steady for a while.

AOS should take 3-5 months, give or take.

That's why people were warning you that your wife's G visa needs to be current and be able to last for two years or so. She can't violate the terms of her visa, either. But if you can do that, it should work out well with her staying in the US the whole time.