Green Card through Marriage for an H1B holder

[Shan624]

Hello, I have recently married to a US Citizen (we have been dating for almost 5 years & finally married on Sep 2018). I'm on my H1B and currently i have my PERM/I140 approved via EB3. As my Spouse (US Citizen) wants to initiate the Green Card based on the Marriage, not sure whether i have to go with a Lawyer so that we won't run into any issues (OR) The process is so simple and i don't have to go for a Lawyer?

I know i heard we can file I130, I130a & I485 together as i'm still on US with valid port of entry/admission. But i don't know where to start & how to file the documents. Can someone please provide me step by step instructions on the following?

1) What are the applications/forms we need to file
2) How much is the cost of each application
3) How long will it take to get my EAD & Green Card

Thanks in advance for your assistance.

[anxietyDemon]

Hello, I have recently married to a US Citizen (we have been dating for almost 5 years & finally married on Sep 2018). I'm on my H1B and currently i have my PERM/I140 approved via EB3. As my Spouse (US Citizen) wants to initiate the Green Card based on the Marriage, not sure whether i have to go with a Lawyer so that we won't run into any issues (OR) The process is so simple and i don't have to go for a Lawyer?

I know i heard we can file I130, I130a & I485 together as i'm still on US with valid port of entry/admission. But i don't know where to start & how to file the documents. Can someone please provide me step by step instructions on the following?

1) What are the applications/forms we need to file
2) How much is the cost of each application
3) How long will it take to get my EAD & Green Card

Thanks in advance for your assistance.

In the same boat as you, I filed in December, I suggest going with a good lawyer, not because you can't do it by yourself, but the risk of delaying your process due to some rookie mistake in filing documents is too high to justify the attorney fees. As for what you require, there are tonnes of threads that detail the list of documents needed.

[Shan624]

In the same boat as you, I filed in December, I suggest going with a good lawyer, not because you can't do it by yourself, but the risk of delaying your process due to some rookie mistake in filing documents is too high to justify the attorney fees. As for what you require, there are tonnes of threads that detail the list of documents needed.

Thanks for your advise!

Question, I see that you have submitted the following documents for your Adjustment of Status, so do you think all these documents will be applicable for me as well? Because all i heard before was just I-130, I-130a for Benefeciary & I-485.

Dec 7th: Forms submitted I-130, I-485, I-765 & I-131

[quirkywombat]

Thanks for your advise!

Question, I see that you have submitted the following documents for your Adjustment of Status, so do you think all these documents will be applicable for me as well? Because all i heard before was just I-130, I-130a for Benefeciary & I-485.

Dec 7th: Forms submitted I-130, I-485, I-765 & I-131

The I-131 and I-765 are the Advanced Parole (allows you to travel) and employment authorization document (allows you to work). Most people apply concurrently, especially if they don't currently have a valid work visa in the US. If you're adjusting from H1-B, you can remain on H1-B status so long as you stick with the same employer, with a pending I-485 application. If you decide to switch jobs with your EAD, you abandon H1-B status (then you go into pending I-485 status). The I-131 allows you to travel out of the country while on a pending I-485 status. If you re-enter on H1-B status, I think you abandon your I-131 application.

[okccanary]

Hello, I have recently married to a US Citizen (we have been dating for almost 5 years & finally married on Sep 2018). I'm on my H1B and currently i have my PERM/I140 approved via EB3. As my Spouse (US Citizen) wants to initiate the Green Card based on the Marriage, not sure whether i have to go with a Lawyer so that we won't run into any issues (OR) The process is so simple and i don't have to go for a Lawyer?

I know i heard we can file I130, I130a & I485 together as i'm still on US with valid port of entry/admission. But i don't know where to start & how to file the documents. Can someone please provide me step by step instructions on the following?

1) What are the applications/forms we need to file
2) How much is the cost of each application
3) How long will it take to get my EAD & Green Card

Thanks in advance for your assistance.

Hi

I was f1-opt-h1b-gc via marriage. I feel like if you have a more straight forward case, which you seem to have, you've been here for 5 years legally if not longer, not overstayed or anything then filing it yourself wouldn't be that bad. I initially was going to hire the same attorney that did my h1b but after he told me he would charge $4,000 for legal fees and having known people who did it themselves who told me it was pretty straightforward I decided to go the doing alone route. You can also pay an attorney to go over your application before sending it in that makes it cheaper than getting them to do everything.

As long as you follow all the instructions it is not that bad at all. There are also plenty of resources available online both within here and other sites that really do help. I cant remember where I found it but on another immigration site someone had posted their own completed application that really helped me for a point of reference.

I filed my own and it took just over 6 months to get EAD and 8 Months for Green Card from the Oklahoma office. However GC is dependent on what state you are in and can take years. EAD I would say plan for 6 months but a lot of people get it earlier and you can expedite if needed.

The main forms are I-130, I-485, I-765 & I-131.

Cant remember the cost but it tells you what you need to pay on the guide that goes with each form on the USCIS site so make sure to read that as well.

If you do decide to file yourself make sure you put plenty of evidence in your initial application.

[yvc]

I think okccanary has a very good point. Your case is very clean and you don't seem to have any red flags such as "overstaying" issue or "a felony". If you want to save money, filing yourself is very doable. I did all my documentation within two weeks (adjusting from F-1 status). If you want hassle-free or risk-free, maybe get an attorney. If you are not good at attention to detail, I also do not recommend you to file by yourself. You can find the fees for each form in the link below, but please read instructions for each form thoroughly, I think some of the fees could be waived if you file I-765 and I-131 with I-485 and I-130 concurrently (can't remember the exact details on top of my head). I also have heard bad experience with lawyers from other posters, so I decided to do everything by myself so that I know my case from top to the bottom.

https://www.uscis.gov/us-visa-and-immigration-forms/our-fees

[Teto00]

I paid my attorney 1,800 just for him to file the paperwork and he turned out to be useless after all the paperwork was filed. I guess the only benefit is that I don’t have any RFEs but I mean it’s very doable to take your time to make sure you have everything correctly. I know someone who did it themselves. To summarize I feel this forum has been
Sooooo much more useful than my attorney in answering any questions I may have.

[yvc]

I paid my attorney 1,800 just for him to file the paperwork and he turned out to be useless after all the paperwork was filed. I guess the only benefit is that I don’t have any RFEs but I mean it’s very doable to take your time to make sure you have everything correctly. I know someone who did it themselves. To summarize I feel this forum has been
Sooooo much more useful than my attorney in answering any questions I may have.

I totally agree with you. My employer has lawyers to help us when I was filing for H1b petition two years ago. The impression I got from them was that they didn't give a **** about our cases. Once you have sent them everything needed, they took forever long to submit the application. They didn't care that these types of applications and follow ups meant a lot to our lives. I was going to use an attorney before filing my case, but that attorney was so disrespectful and told me she wouldn't look at my file unless I gave $3,000. So I decided to be my own lawyer and learn from every source of information.

[Shan624]

Thanks everyone for your advice. I have couple questions while filling out the forms.

1) In USCIS the form I130, I130a says it expires in June 2018, but do you know where can i get the latest forms? OR It will be ok if i still same form & submit to USCIS?

2) Currently i'm on H1B with PERM/I140 approved in EB3. So in my I485 Adjustment of Status form should i mention that my Employment based I140 is approved & provide the approval information? In actual these 2 are separate categories that one i'm applying is via Family based & the one it's in progress is thru my Employment. So not sure what to do.

3) Since i have my current H1B valid for next 6 months, should i still apply for I765? Because i'm not planning to switch jobs until i get my EAD via I485.

4) Should i apply I131 along with I130, I130a & I485 even though i'm not planning to travel anywhere/anytime outside US within the next 6 to 8 months?

[quirkywombat]

Thanks everyone for your advice. I have couple questions while filling out the forms.

1) In USCIS the form I130, I130a says it expires in June 2018, but do you know where can i get the latest forms? OR It will be ok if i still same form & submit to USCIS?

2) Currently i'm on H1B with PERM/I140 approved in EB3. So in my I485 Adjustment of Status form should i mention that my Employment based I140 is approved & provide the approval information? In actual these 2 are separate categories that one i'm applying is via Family based & the one it's in progress is thru my Employment. So not sure what to do.

3) Since i have my current H1B valid for next 6 months, should i still apply for I765? Because i'm not planning to switch jobs until i get my EAD via I485.

4) Should i apply I131 along with I130, I130a & I485 even though i'm not planning to travel anywhere/anytime outside US within the next 6 to 8 months?

1) It's okay as long as the edition is correct (bottom left corner of each form) and matches the edition date that USCIS is accepting. They are currently accepting: 02/27/17. We will publish a new edition of this form soon. In the meantime, you may file using the 02/27/17 edition. You can find the edition date at the bottom of the page on the form and instructions." so the current I-130 is fine even though it says June 2018.

2) Someone else should answer this as I'm not as familiar with this, but I don't believe you need to report anything if they don't specifically ask for it on the forms. Obviously if they ask you should report it (But I don't think "other pending applications" comes up).

3) You can only get an EAD if you filed a I-765. If you plan on switching jobs and your H1B is expiring, probably best to file concurrently.

4) Some people don't feel like it is necessary to apply if they really don't have plans to travel, but it doesn't hurt. Easier if something does happen and you do need to travel. You can still travel on your H1B until it expires anyway

[sd072908]

Hi! I am in a very similar situation - Spousal AoS from H1-B (PERM approval via EB2). Hope my answers below are useful!

1) In USCIS the form I130, I130a says it expires in June 2018, but do you know where can i get the latest forms? OR It will be ok if i still same form & submit to USCIS?

I enlisted the help of an attorney and applied in September 2018 (see timeline in signature) using the same I-130a form. USCIS website will link to the new version when they do update it. Until then, you can continue to use this (expired) version.

2) Currently i'm on H1B with PERM/I140 approved in EB3. So in my I485 Adjustment of Status form should i mention that my Employment based I140 is approved & provide the approval information? In actual these 2 are separate categories that one i'm applying is via Family based & the one it's in progress is thru my Employment. So not sure what to do.

I raised the same question to my attorney. She told me that in earlier version of the form, the text used to read specifically as if someone else had filed a family-based immigrant petition. Since it has now changed to be a broader question, we decided to include that information (with details).

3) Since i have my current H1B valid for next 6 months, should i still apply for I765? Because i'm not planning to switch jobs until i get my EAD via I485.

Just as an FYI, current EAD processing timeline (at NBC) as reported by https://egov.uscis.gov/processing-times/ is 4-6 months. If you spend some time reading experiences on this forum, you'll see that it's been tending towards the higher of those numbers recently

4) Should i apply I131 along with I130, I130a & I485 even though i'm not planning to travel anywhere/anytime outside US within the next 6 to 8 months?

[/QUOTE]
Advance Parole will allow you to travel during the intermediate period between I131 approval and the Green Card (I485) approval. Note that traveling outside the country after submitting your AoS application (and before your I131/I485 approval) will void it.

[Shan624]

1) It's okay as long as the edition is correct (bottom left corner of each form) and matches the edition date that USCIS is accepting. They are currently accepting: 02/27/17. We will publish a new edition of this form soon. In the meantime, you may file using the 02/27/17 edition. You can find the edition date at the bottom of the page on the form and instructions." so the current I-130 is fine even though it says June 2018.

2) Someone else should answer this as I'm not as familiar with this, but I don't believe you need to report anything if they don't specifically ask for it on the forms. Obviously if they ask you should report it (But I don't think "other pending applications" comes up).

3) You can only get an EAD if you filed a I-765. If you plan on switching jobs and your H1B is expiring, probably best to file concurrently.

4) Some people don't feel like it is necessary to apply if they really don't have plans to travel, but it doesn't hurt. Easier if something does happen and you do need to travel. You can still travel on your H1B until it expires anyway

Hello,

Thanks for your response. Quick question regarding the Concurrent filing. Can we send I130, I864, I485, I765 & I693 in the same mail package to USCIS? (OR) My wife should send her I130, I864 in a seperate mail & I should send I485, I765 & I693 in a seperate mail?

Thanks,
Shan

[newacct]

Hello,

Thanks for your response. Quick question regarding the Concurrent filing. Can we send I130, I864, I485, I765 & I693 in the same mail package to USCIS? (OR) My wife should send her I130, I864 in a seperate mail & I should send I485, I765 & I693 in a seperate mail?

Thanks,
Shan

They should be sent in the same package.

[NYC_USC_I130]

Hi! I am in a very similar situation - Spousal AoS from H1-B (PERM approval via EB2). Hope my answers below are useful!


I enlisted the help of an attorney and applied in September 2018 (see timeline in signature) using the same I-130a form. USCIS website will link to the new version when they do update it. Until then, you can continue to use this (expired) version.


I raised the same question to my attorney. She told me that in earlier version of the form, the text used to read specifically as if someone else had filed a family-based immigrant petition. Since it has now changed to be a broader question, we decided to include that information (with details).


Just as an FYI, current EAD processing timeline (at NBC) as reported by https://egov.uscis.gov/processing-times/ is 4-6 months. If you spend some time reading experiences on this forum, you'll see that it's been tending towards the higher of those numbers recently

Advance Parole will allow you to travel during the intermediate period between I131 approval and the Green Card (I485) approval. Note that traveling outside the country after submitting your AoS application (and before your I131/I485 approval) will void it.[/QUOTE]

So you can?t travel outside of the US with H1B if I-131 hasn?t been approved yet?

[sd072908]

So you can?t travel outside of the US with H1B if I-131 hasn?t been approved yet?

Sorry, I stand corrected. It seems that you CAN travel with a pending I485 and reenter with a valid H1-B visa. Your application will NOT be considered abandoned.