Taking on the green card process!

[s1l3n7]

Hi! My wife and I got married last year in October while she was on a J1 visa. She recently applied for a B2 tourist visa which is still in pending status. We want to apply for her green card but the process does seem very daunting. I did some research though and it doesn't look too bad (I mean, I have done my own taxes before). I'm just not entirely sure where to start as far as forms go. There is an I-130 and also an I-485 and I'm a bit confused as to which one she needs to fill out? Possibly both? I know that there are other things I need to provide as well like an affidavit of support but also am not 100% which of all the forms I need. Any help is much appreciated thank you so much!

[newacct]

Is she in the US or outside the US? What is your status?

[Totellthetruth]

Hi! My wife and I got married last year in October while she was on a J1 visa. She recently applied for a B2 tourist visa which is still in pending status. We want to apply for her green card but the process does seem very daunting. I did some research though and it doesn't look too bad (I mean, I have done my own taxes before). I'm just not entirely sure where to start as far as forms go. There is an I-130 and also an I-485 and I'm a bit confused as to which one she needs to fill out? Possibly both? I know that there are other things I need to provide as well like an affidavit of support but also am not 100% which of all the forms I need. Any help is much appreciated thank you so much!

Hi

It is always the first thing for anyone to mention is the status of both persons . Are you a u.s citizen or LPR .? As you are the

petitioner and she is the beneficiary and was in the u,s with J-visa why did she apply for B2 visa ? she cant apply for that and she must not ,she had to go back because she was probably subject to 2 years rule to return and remain in her country for 2 years . in this case ,even if you are married she couldnt apply for AOS- Adjustment of Status and definitely not for B2 visa.because she cannot apply for an adjustment of status until she obtains a waiver of the 2 year home residency rule.the waiver can take 6 months.So once she has her waiver then she can file for her adjustment of status based on marriage to a US citizen.

So the choices are :

1- You can apply for I-130 immigrant visa for her and she can wait until her waiver is over and after that immigrant visa process is completed .than she can enter the u.s with an immigrant visa... DONE

or

2- She can come back as a tourist if they issue one than

apply for I-485 AOS Adjustment of Status but if she claims to be married during the entry the CBP may deny her as intended immigrant and send her back ..

For the ADJUSTMENT OF STATUS :

I-130 Application (

signed by US citizen spouse)

I-765

Employment Authorization Application

/ EAD card (

signed by alien)

I-131 Advance parole

(signed by alien)

I-864 Affidavit of Support

( signed by u.s citzen spouse )

( G-325A Biographic Sheet (one for alien and one for their spouse) THIS ONE IS NOT LONGER REQUIRED )
G-1145 A medical examination in a sealed envelope performed by a civil surgeon

Two passport sized photos of spouse Six passport size photos of alien Copy of alien passport including all blank pages
I-94Copy
US citizen birth certificate, naturalization certificate or passport Copy of the citizen spouse
Copy of any divorce decrees
marriage certificate
bank statements e.t.c


Good luck