Gaspar1234
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No, it was a concurrent filing (I-130, I-131, I-485, I-765) so I mailed it all together.
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My wife is on a H1B visa, and on my I-130 I accidently selected on the pulldown menu "H1b1" for question 46.a. regarding her class of admission. Right underneath I did put the correct I-94 number. I just dropped off the paperwork at USPS today, and calling USCIS wasn't helpful (they said wait 30-45 days for a receipt). What happens now? Will the entire application be rejected? Can i correct the error? Will this impact processing time? What about the rest of the forms -- I-485, I-131, I-765? Those forms all have the correct information (H-1b). If the I-130 gets kicked back to me, what will happen to the I-765? Thanks
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Any second thoughts on this? After looking over the I-485 instructions, I'm not sure this only applies to the last entry: The acceptable evidence includes I-94 record for "admissions" (plural). Also, the I-797 document could cover a time span that includes multiple trips out of the country--that is our case. Perhaps more importantly, is an AOS application based on marriage to a US citizen even required to submit these forms? Doesn't seem to fit into any of the first four bullet points above. Any help on this would be greatly apprecaited!
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My wife was in the US as a tourist as a child, again from 2016-2017 on a J-1 visa, went to her home country until 2020 when she came back on a F1 to do a master's, and after graduating got an h1b. We're adjusting status via marriage to me, a US citizen. I'm struggling with a few questions on the I-485. Can anyone help with the following? The instructions say that you must provide "documentation of your immigrant category." The filing category I selected is family-based and "Spouse of a U.S. Citizen." Is the documentation then the confirmation of the h1b, like a form I-797A? Or would it be the marriage certificate? The instructions require "Evidence of continuously maintaining a lawful status since arrival in the united states." Is this for the current h1b? Or every time since she was a child on a tourist visa? Documentation Regarding J-1 or J-2 Nonimmigrant Exchange Visitor Status: what kind of documentation do we need to show she went back to her home country? She worked at a university for two years before applying for her F1 to do a MA in the US. Thanks!
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SalishSea reacted to a post in a topic:
I-485 "public assistance" question
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This is exactly this situation, thanks so much! It would be egregious if taking medical leave was counted against you for immigration purposes, good to know that's not the case.
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After some research I'm not so sure. Any third opinions on this? According to the LA County Office of Immigrant Affairs, unemployment insurance is not "cash assistance for income maintenance" for the purpose of a public charge determination because "family leave and workers’ compensation are all considered earned employment benefits." and therefore "receiving these benefits cannot be counted against you in a future immigration application." Seems like the distinction is between benefits that become available through employment, and public benefits generally.
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In the process of filling out an I-485 as a part of a marriage based green card AOS package. Question 63 on the form asks "Have you ever received supplemental security income, temporary assistance for needy families (TANF), or state, tribal territorial, or local cash benefit program for income maintenance (often called "general assistance" in the state context, but which also exist under other names)?" My spouse has taken medical leave from her H1-B employer an received assistance from the state to cover her salary during this time. I understand that the state paid part of her paycheck, and not her employer. Do we need to disclose this on question 63 (or anywhere else)? Thanks!
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I am a us citizen, and my wife from chile is currently on an h1b visa. We've filed for a greencard through marriage, including AOS through 1-485 and work authorization through I-765. She urgently wants to change her job. Once she receives her EAD, can she quit her h1b job, and begin employment with a new job that is not sponsoring her on her h1b? Will she loose legal status if she does this? I read elsewhere that the risk to this is that if the I-485 AOS is denied, she will be not be able to work and subject to removal. Our case is pretty straightforward and I'm confident it will eventually be approved. any insight would be really helpful! thanks!