I-485 Filing Help

[nabeeljohn]

Hello!!

Just a quick question, me and my wife are waiting for my wife's I-130 petition to get approved, that would probably happen by next month. I just wanted to to ask that can we file I-485 right after we get approval for I-130 even if the visa number isnt available?

Also can she over stay her visa (R1) while we await her I-485 processing?

Thanks!!!

Nabeel John

[dcapellan]

Hi, Yes you can file the I-485 right after the approval and also file the I-765 thats the employement permit so your wife will be able to get the EAD (Empoyment Authorization Document), once she gets the EAD you just have to take her to the Social Security Office to apply for a SSN, be aware that you will need copy of marriage certificate, birth certificate of both you and also translated all of them (if you got marriend here well you dont need to translate the marriage certificate), and also filled out and G-235 (thats for the Biographic Informartion), and also and Affidavit of Support if in case you dont meet the minimal requirements. About if she's overstayed try to talk to some one who have a better knowledge on that and also keep looking for as much information about AOS and also try talk with a lawyer so they can help you out filling the Forms as better as possible.

Take care God Bless You

[nabeeljohn]

Her I-94 expires in August 2011 and I'm on green-card.

Would filing I-485 let her stay here or she would have to keep her non-immigration status valid?

If she has to keep some status, can she apply for tourist visa?

[dcapellan]

well it depends on the visa type i just came here with a B2 (visitor or tourist), i am from Dominican Republic and as of now i dont have problems with the law what i am trying to tell you is that there might be a chance for her to stay in the country without facing deportation but in my persona experience i am just wating for the EAD or my interview for the Green Card.

but it is better that you talk to a lawyer find someone in your area.

hope it works for you

[uhhhh]

While she waiting I 485 she is in process and even her I94 expired, she is legal here. Mine I 94 expire in november, but I apply for I 485 and I 765, and i get EAD and how I m waiting Green card.

[nabeeljohn]

Thank you, that was helpful.

When you applied for I-485 and I-765 did you have a visa number available (means was your priority date current?) because right now they are processing Jan 2008 and my wife's priority date is Oct 2010.

Also if you get EAD, can you work for any employer?