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File the I-130 First?

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  • File the I-130 First?

    Does my spouse file the I-130 petition first and then I wait for the immigrant visa number before I file my I-485? I'm currently on an H1-B and am married to an American.

    Thanks!

  • #2
    HEY, SIMONCARLY,
    It depends how long you have on your H1-B. If you have much of a time on that before it expires, well fine. You could also file the I-130 and I-485 concurrently.

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    • #3
      Hi,
      Even though if you're out of status you can file I-130, I-485 and EAD and AP in a same application packet.
      Before file If you/your wife filled taxes order transcripts from IRS, you need to prove its a bonafide marriage.
      You can do medicals and put in the same package, so everything gonna be in one shot.
      if you have any questions let me know.

      ( I was on H1 and married to USC after my H1 expired)

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