Recently married. What document to submit?

[CG2020 5]

Hello,

Can someone please suggest me good immigration lawyer. My friend is married with US citizen. currently in TPS status and  work permit is going to expire in next 4 months. 

I think he need to file i-130 as soon as possible to avoid any illegal stay. Can Please somone advise what document need to send to USCIS? The process and procedure. Thank You

Edited November 26, 2018 by CG2020

[TM92 527]

19 minutes ago, CG2020 said:

currently in TPS status and  work permit is going to expire in next 4 months.

First of all, TPS for which country? For 4 countries there is a pending court case and the judge recently issued a preliminary injunction: https://www.uscis.gov/sites/default/files/USCIS/Laws/ramos-v-nielsen-order-granting-preliminary-injunction-case-18-cv-01554-emc.pdf How did he enter the US? Generally, the requirement is to be "inspected and admitted" at a US Port of Entry? If he was not "inspected and admitted" where does he live? See my thread: 

 

19 minutes ago, CG2020 said:

I think he need to file i-130 as soon as possible to avoid any illegal stay.

It is I-130 AND I-485 together to avoid illegal presence IF he is eligible to submit them (answer my questions above and we can determine his options).

Edited November 26, 2018 by TM92

[CG2020 5]

15 minutes ago, TM92 said:

First of all, TPS for which country? For 4 countries there is a pending court case and the judge recently issued a preliminary injunction: https://www.uscis.gov/sites/default/files/USCIS/Laws/ramos-v-nielsen-order-granting-preliminary-injunction-case-18-cv-01554-emc.pdf How did he enter the US? Generally, the requirement is to be "inspected and admitted" at a US Port of Entry? If he was not "inspected and admitted" where does he live? See my thread: 

 

It is I-130 AND I-485 together to avoid illegal presence IF he is eligible to submit them (answer my questions above and we can determine his options).

He is from Nepal and he entered US legally in student visa. He was never illigal and took TPS while he was in student visa. He also went to he country few years back and came to US without any issues.. 

[TM92 527]

19 minutes ago, CG2020 said:

he entered US legally in student visa.

Ok, he can use this guide: https://www.visajourney.com/content/i130guide2 If the green card is approved before his 2 year marriage anniversary he will receive a 2 year green card. If that happens he will have do Removal of Conditions (ROC) within 90 days before the 2 year mark of the green card approval (1 exception is if there is a divorce; if a divorce is finalized then he can ROC earlier, if he wishes): https://www.visajourney.com/content/751guide

19 minutes ago, CG2020 said:

He also went to he country few years back and came to US without any issues.. 

Ask him if he traveled with Advance Parole (AP is used to maintain TPS status when traveling abroad). That will help him answer the "most recent US entry" question on the forms.

Edited November 26, 2018 by TM92

[TM92 527]

38 minutes ago, TM92 said:

It is I-130 AND I-485

@CG2020, also USCIS now accepts credit cards and debit cards: https://www.uscis.gov/news/news-releases/uscis-expands-credit-card-payment-option-fees

[CG2020 5]

56 minutes ago, TM92 said:

Ok, he can use this guide: https://www.visajourney.com/content/i130guide2 If the green card is approved before his 2 year marriage anniversary he will receive a 2 year green card. If that happens he will have do Removal of Conditions (ROC) within 90 days before the 2 year mark of the green card approval (1 exception is if there is a divorce; if a divorce is finalized then he can ROC earlier, if he wishes): https://www.visajourney.com/content/751guide

Ask him if he traveled with Advance Parole (AP is used to maintain TPS status when traveling abroad). That will help him answer the "most recent US entry" question on the forms.

Thank you for quick reply. He travelled to his country in Advance Parol and returned to US without any issues.. he is currently working in good job and dont want to loose his working status. his current working permit expires in few months.Is it possible to get new work permit while current work authorization is alive.  If so How long it will take to get his work new permit? apart from I130, 130A, and 485 he also need to seperately apply for i765 for work authorization correct?

Does all documents i130,i130a,i485,,i765,i131 need to send together? Please advise.

[TM92 527]

9 minutes ago, CG2020 said:

Does all documents i130,i130a,i485,,i765,i131 need to send together? Please advise.

Yes all together. There is no fee to file I-765 and I-131, https://www.uscis.gov/news/questions-and-answers/uscis-issue-employment-authorization-and-advance-parole-card-adjustment-status-applicants-questions-and-answers:

Quote

Q5. How much does this card cost?

A5. If you submitted an application for adjustment of status on or after July 30, 2007 (or on or after August 18, 2007, for employment-based cases), you will pay only one fee to file Form I-485, Form I-765 and Form I-131. The fee for Form I-485 is <outdated cost>, and there is no separate fee for Forms I-765 and I-131 associated with a Form I-485. For those cases that were filed under the old fee structure, the costs for this card will equal the combined costs of filing Forms I-131 and I-765, which is a total of <outdated cost>. Visit www.uscis.gov/fees for more information.

13 minutes ago, CG2020 said:

Is it possible to get new work permit while current work authorization is alive.

Not a problem. For example, right now I have 2 valid EADs. My TPS EAD expires Sept 2019 and my AOS EAD expires June 2019. On I-765 he will put (c)(9) category and select "initial EAD application" NOT "renewal EAD": https://www.uscis.gov/working-united-states/information-employers-employees/employer-information/employment-authorization

18 minutes ago, CG2020 said:

If so How long it will take to get his work new permit?

About 4 to 6 months. After he does the I-485 and I-765 biometrics he can try to expedite the I-765 with a letter from him and his employer because of "Severe financial loss" for your friend. Just be aware that USCIS usually does not grant expedites (and since pretty much everyone tries to expedite, USCIS is taking about a month to respond to expedites), but he can try.

[CG2020 5]

13 minutes ago, TM92 said:

Yes all together. There is no fee to file I-765 and I-131, https://www.uscis.gov/news/questions-and-answers/uscis-issue-employment-authorization-and-advance-parole-card-adjustment-status-applicants-questions-and-answers:

Not a problem. For example, right now I have 2 valid EADs. My TPS EAD expires Sept 2019 and my AOS EAD expires June 2019. On I-765 he will put (c)(9) category and select "initial EAD application" NOT "renewal EAD": https://www.uscis.gov/working-united-states/information-employers-employees/employer-information/employment-authorization

About 4 to 6 months. After he does the I-485 and I-765 biometrics he can try to expedite the I-765 with a letter from him and his employer because of "Severe financial loss" for your friend. Just be aware that USCIS usually does not grant expedites (and since pretty much everyone tries to expedite, USCIS is taking about a month to respond to expedites), but he can try.

Thank you so muxh TM92. You are so great. You answered all my questions that lawyer would have taken a week with large amout of fees.Its really helpful.. i will comunicate same to my friend..

Edited November 27, 2018 by CG2020

[CG2020 5]

@TM92  is this correct?

i130 - US Citizen need to fill up and sign.

130 A, i485, i765 and i131 beneficiary need to fill up and sign . 

 

 

Edited November 29, 2018 by CG2020

[TM92 527]

13 minutes ago, CG2020 said:

i130 - US Citizen need to fill up and sign.

130 A, i485, i765 and i131 beneficiary need to fill up and sign .

Yes. The US Citizen also fills out I-864. If her income is not sufficient then your friend's income can be used since he is working legally with the TPS EAD; in that case I-864A (without his signature) is also used: https://www.nolo.com/legal-encyclopedia/free-books/fiance-marriage-visa-book/chapter14-17.html If their income is not sufficient then let us know and we can provide more advice.

Or disregard the info above about I-864 and I-864A if he is exempt of the I-864 requirements: https://www.nolo.com/legal-encyclopedia/free-books/fiance-marriage-visa-book/chapter14-15.html If this is the case, he must submit I-864W instead.

Edited November 29, 2018 by TM92