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From H1B to spouse GC: What to answer in Part 3 question of I-485?

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  • From H1B to spouse GC: What to answer in Part 3 question of I-485?

    Hi guys. Would really appreciate your help in this question:

    Part 3: Question 1: Have you ever applied for an immigrant visa to obtain permanent resident status at a U.S. Embassy or U.S. Consulate abroad?

    I am on H1 B right now and my company is going to file I-140 soon. I am filling this form along with I-130 while filing in category - spouse based green card though. Once my company files I-140, does that make the answer to above question as "Yes"? The word "abroad" is also confusing.

    Thank you in advance!

  • #2
    Originally posted by jay_cali View Post
    Hi guys. Would really appreciate your help in this question:

    Part 3: Question 1: Have you ever applied for an immigrant visa to obtain permanent resident status at a U.S. Embassy or U.S. Consulate abroad?

    I am on H1 B right now and my company is going to file I-140 soon. I am filling this form along with I-130 while filing in category - spouse based green card though. Once my company files I-140, does that make the answer to above question as "Yes"? The word "abroad" is also confusing.

    Thank you in advance!
    No, you would just have been petitioned by somebody, but you haven't applied for an immigrant visa.

    This is my personal opinion and is not to be construed as legal advice.

    Comment


    • #3
      Originally posted by jay_cali View Post
      Hi guys. Would really appreciate your help in this question:

      Part 3: Question 1: Have you ever applied for an immigrant visa to obtain permanent resident status at a U.S. Embassy or U.S. Consulate abroad?

      I am on H1 B right now and my company is going to file I-140 soon. I am filling this form along with I-130 while filing in category - spouse based green card though. Once my company files I-140, does that make the answer to above question as "Yes"? The word "abroad" is also confusing.

      Thank you in advance!
      I've never heard of filing both I-130 AND I-140. Which office are you filing from? Some offices like Cincinnati takes 6.5 months for family based green card and almost twice for employment-based. But you have to pay for both if you apply for both.

      Anyhow: I assume you're applying from US so the answer will be no for any application you will do from within US. The question is about if you filed the CG from abroad at least once in your lifetime.
      Filing Type: Concurrent I-130, I-130A I-485 (I-693 + I-864), I-765
      Package Sent: 3/12
      PD: 3/14/
      Checks Cashed: 3/27
      NoAs via Email/Texts: 3/27
      NoAs via Mail: 3/30
      Biometric letter: 4/5
      Biometric: 4/18
      Ready to be schedule for an interview 4/24
      Interview was scheduled 5/22
      Letter for interview received 5/26
      Interview schedule for 6/26 @12.30 pm
      Green card approved after interview
      Green Card being printed 6/27
      Green Card received on July 5. Total of 115 Days since PD

      Comment

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