H1-B applying for green card

[mariattie 0]

Hi group! How are you all?

I got my H1B approved on December last year. By that time, I was already dating my current wife (she's American and I'm Brazilian), so we decided to get married in April this year.

I am not sure how the process from H1B to green card works. Any advice on that? I am honestly pretty lost with all the documents that you have to send and all the money you have to pay...I heard that the document that your spouse fills out for you should be sent first, but I talked to one of my friends here and she said that she didn't send anything first, but everything together.

I appreciate any tips or advice you can give me! This process is going to be long, but I want to start applying because administration is changing constantly.

 

Thank you all! Have a great day!

Mariana

Edited June 20, 2019 by mariattie

[Just Paul 4,595]

4 minutes ago, mariattie said:

I appreciate any tips or advice you can give me!

Are you married yet?  Are you in the US? You are posting in the K1 visa area for fiance(e)s that are overseas.

[arken 4,197]

You aren’t going for H1B to GC but for family based GC. Look into guidelines about that. Forget about H1B.

 

https://www.visajourney.com/content/i130guide2/

[mariattie 0]

22 minutes ago, Paul & Mary said:

Are you married yet?  Are you in the US? You are posting in the K1 visa area for fiance(e)s that are overseas.

I'm married, yes! We got married in April. Yes, I am in the US. 

I am not sure where to post!

[Crazy Cat 41,886]

***Topic moved to Adjustment of Status from Work, Student, or Tourist Visas as OP is adjusting status from other than a K1*****

[mariattie 0]

1 hour ago, arken said:

You aren’t going for H1B to GC but for family based GC. Look into guidelines about that. Forget about H1B.

 

https://www.visajourney.com/content/i130guide2/

Thanks! I just didn't know what was going to happen with my H1B or if I had to transfer it...

[arken 4,197]

18 hours ago, mariattie said:

Thanks! I just didn't know what was going to happen with my H1B or if I had to transfer it...

Nothing will happen to your h1b as long as your are employed with the sponsoring employer. Once you get GC thru marriage, you H1B is useless.

[Nouchigang 200]

On 6/20/2019 at 2:03 PM, mariattie said:

Hi group! How are you all?

I got my H1B approved on December last year. By that time, I was already dating my current wife (she's American and I'm Brazilian), so we decided to get married in April this year.

I am not sure how the process from H1B to green card works. Any advice on that? I am honestly pretty lost with all the documents that you have to send and all the money you have to pay...I heard that the document that your spouse fills out for you should be sent first, but I talked to one of my friends here and she said that she didn't send anything first, but everything together.

I appreciate any tips or advice you can give me! This process is going to be long, but I want to start applying because administration is changing constantly.

 

Thank you all! Have a great day!

Mariana

Here are the forms to fill out

I-130 ($535 fee) &I-130A

 I-485 ($1,140+ $85 biometric fee)

I-864

I-765  optional but I highly recommend to send, once approved you can change jobs I believe (free, no fee when sent with all the previous)

I-131 optional but again better be safe then sorry (free also when sent with others )

Also there is form G28 I think (please double check ) to receive electronic confirmation that your file has been accepted. Optional too, but can reassure that your file has been accepted

 

Sent them all with the necessary documents together !!

 

Please take the time to read the instructions of each form.

 

Im not too familiar with  H1B and if you can travel until you receive your I-131/travel so please search on the forum using the search button or just ask, others that have a similar situation can help.

 

Once you receive your  NOA which are the receipts that your forms have been accepted please sign up for Informed Delivery from USPS (gives you a picture each day of incoming mail) and USCIS online account if you dont have 1 already 

 

You already have a H1B so I can assume you knoe how immigration works and that process is long and tedious. Takes between 12-24 months depending on where you live and your local field office.

 

Good luck on your journey

Edited June 22, 2019 by Nouchigang

[mariattie 0]

5 hours ago, Nouchigang said:

Here are the forms to fill out

I-130 ($535 fee) &I-130A

 I-485 ($1,140+ $85 biometric fee)

I-864

I-765  optional but I highly recommend to send, once approved you can change jobs I believe (free, no fee when sent with all the previous)

I-131 optional but again better be safe then sorry (free also when sent with others )

Also there is form G28 I think (please double check ) to receive electronic confirmation that your file has been accepted. Optional too, but can reassure that your file has been accepted

 

Sent them all with the necessary documents together !!

 

Please take the time to read the instructions of each form.

 

Im not too familiar with  H1B and if you can travel until you receive your I-131/travel so please search on the forum using the search button or just ask, others that have a similar situation can help.

 

Once you receive your  NOA which are the receipts that your forms have been accepted please sign up for Informed Delivery from USPS (gives you a picture each day of incoming mail) and USCIS online account if you dont have 1 already 

 

You already have a H1B so I can assume you knoe how immigration works and that process is long and tedious. Takes between 12-24 months depending on where you live and your local field office.

 

Good luck on your journey

Hi Nouchigang!

 

Thank you so much for the info, this is very helpful! I'm gonna need time and money to process everything...I know that the waiting period is taking A LONG time...my H1B expires in 2021 and I'm afraid my green card will not come by then. I have to run.

 

Thanks a lot!

Mariana

[issea 43]

Just small tips for the H1B, for the moment you don't have to apply for the I-485 based EAD (form I-765) or Advance Parole (AP) (form I-131), especially due to the fact that your H visa is valid until some time in 2021, and you have planed oversea travels in near future. For one thing, it takes at least a few months to get the combo card (one card for both EAD&AP), and if you travel outside the US when the EAD and AP applications are still pending, they are automatically deemed as being abandoned although the pending I-485 won't be affected whatsoever. Another thing is the H1B is really a good visa that you want to keep before getting the green card, and EAD&AP are just back-up plan, since one you used EAD or AP, your H1B would be invalidated and your status in the US become authorized stay based on a pending I-485 from H1B, and it has slight risk if the I-485 is denied and one cannot switch back to H1B once EAD/AP was used. 

 

If I were you, I would start applying for EAD and AP about half year (depending on how long the processing time for EAD/AP would be) before the H1B expires, provided that your I-485 is still pending by then. 

 

Edit: I won't start applying for EAD/AP too early before the H expires, because the EAD/AP card expires in one year. 6-8 months would be my guess. 

Edited June 22, 2019 by issea

[mariattie 0]

42 minutes ago, issea said:

Just small tips for the H1B, for the moment you don't have to apply for the I-485 based EAD (form I-765) or Advance Parole (AP) (form I-131), especially due to the fact that your H visa is valid until some time in 2021, and you have planed oversea travels in near future. For one thing, it takes at least a few months to get the combo card (one card for both EAD&AP), and if you travel outside the US when the EAD and AP applications are still pending, they are automatically deemed as being abandoned although the pending I-485 won't be affected whatsoever. Another thing is the H1B is really a good visa that you want to keep before getting the green card, and EAD&AP are just back-up plan, since one you used EAD or AP, your H1B would be invalidated and your status in the US become authorized stay based on a pending I-485 from H1B, and it has slight risk if the I-485 is denied and one cannot switch back to H1B once EAD/AP was used. 

 

If I were you, I would start applying for EAD and AP about half year (depending on how long the processing time for EAD/AP would be) before the H1B expires, provided that your I-485 is still pending by then. 

Hi issea,

 

This is very helpful!! Thank you so much! I will make sure to not fill out applications number I-765 and I-131

Thank you!

Mariana

[issea 43]

One more thing occurs to me that you need make sure you have a valid and not expired H visa sticker in your passport when traveling outside the US. If your visa sticker expired when outside the US, you have to apply for a new one in the local US consulate/embassy based on your I-797 approval notice. However, the consulate may give you hard time for the renewal, something like administrative processing will put you on hold for a while before the issuance of the visa. In that scenario, and if it is urgent for you to come back to the US, then there is some necessity to have the AP available in hand as well. But be mind if the AP is used then your H status is gone. Therefore, the EAD/AP as I said are the back-ups and it is in your own interest for when you would like to pursue and use them.