Change Status through marriage - Currently On H1 B

[firasatahmed]

I am currently on H1 b visa. I just got married, my wife is US born citizen. I would highly appreciate if someone can let me know what documents/paperwork would i need to file change of status. I would also like to know if i need to hire attorney?Before marriage we have been "dating" for 5 months, i have all the emails,text messages, marriage pics etc.

Thanks

[zoom123]

Congrats for the marriage.
Its simple you need to file below forms.

- Passport photos of petitioner and beneficiary.
- Form I-130: Petition for Alien Relative
- G-325A for petitioner
- G-325A for beneficiary
- Photocopy of Birth Certificate OR U.S passport of petitioner as proof of citizenship
- Photocopy of Marriage Certificate as evidence of relationship.
- A copy of the petitioner’s divorce documents.(If she or You previously divorced)
- Copy of intending immigrant’s I-94 front and back.
- Copy of intending immigrant’s I-20 (copy of your H1 or if you have any EAD)
- Copy of intending immigrant’s Birth Certificate
- Evidence of Bona fide marriage.(No need to submit with application - proof are Honey moon trip tickets, joint lease, joint bank account, Joint utility bills, joint insurance, joint car ownership/insurance, etc)
- Petitioners previous year tax transcripts ( To show she can sponsor You) Call IRS or go online to request transcripts.
- Check: for the amount of $1070.00 for Form I-485 and Biometrics (payable to U.S Department of Homeland Security)
- 2 Passport Photos
- Form I-485: Application to Register Permanent Residence or Adjust Status
- I-693: Sealed envelope containing medical reports from civil surgeon.
- Form I-765: Application for Employment Authorization
- I-131 if you need travel document
- Form I-864 sponsor document to be filled by petitioner ( if you need joint sponsor he/she must fill this one also)

Once you submit your application, you will receive the I-797 notice within 2 to 4 weeks, followed by bio metric appointment, then interview letter.
You can do yourself if you have little time to invest filling form, and other things. ( Download documents from USCIS website and fill, get current fee info).

if you need more info let me know.

[firasatahmed]

Congrats for the marriage.
Its simple you need to file below forms.

- Passport photos of petitioner and beneficiary.
- Form I-130: Petition for Alien Relative
- G-325A for petitioner
- G-325A for beneficiary
- Photocopy of Birth Certificate OR U.S passport of petitioner as proof of citizenship
- Photocopy of Marriage Certificate as evidence of relationship.
- A copy of the petitioner’s divorce documents.(If she or You previously divorced)
- Copy of intending immigrant’s I-94 front and back.
- Copy of intending immigrant’s I-20 (copy of your H1 or if you have any EAD)
- Copy of intending immigrant’s Birth Certificate
- Evidence of Bona fide marriage.(No need to submit with application - proof are Honey moon trip tickets, joint lease, joint bank account, Joint utility bills, joint insurance, joint car ownership/insurance, etc)
- Petitioners previous year tax transcripts ( To show she can sponsor You) Call IRS or go online to request transcripts.
- Check: for the amount of $1070.00 for Form I-485 and Biometrics (payable to U.S Department of Homeland Security)
- 2 Passport Photos
- Form I-485: Application to Register Permanent Residence or Adjust Status
- I-693: Sealed envelope containing medical reports from civil surgeon.
- Form I-765: Application for Employment Authorization
- I-131 if you need travel document
- Form I-864 sponsor document to be filled by petitioner ( if you need joint sponsor he/she must fill this one also)

Once you submit your application, you will receive the I-797 notice within 2 to 4 weeks, followed by bio metric appointment, then interview letter.
You can do yourself if you have little time to invest filling form, and other things. ( Download documents from USCIS website and fill, get current fee info).

if you need more info let me know.

Thanks. Could you please clarify few things:

i)I-693: Sealed envelope containing medical reports from civil surgeon - I read at some other forums that this is not needed?

ii) I-130 Fee is $420 ?

Thanks .

[zoom123]

Sorry for late reply.
- Yes you need a Medical and its the important part of the immigration process. The people on K-1 visa who got there medical prior to coming to US then they not required.
- If it's not required sealed medical report (Why USCIS asking?). If you not submit it may delay or RFE for the application. (You can check with any any attorney they request medical at the time of application submission).

_ Yes the fee for I-130 is $420.

_ you can submit I-130, I-485, I-765, I-131 in one cover.

[firasatahmed]

Sorry for late reply.
- Yes you need a Medical and its the important part of the immigration process. The people on K-1 visa who got there medical prior to coming to US then they not required.
- If it's not required sealed medical report (Why USCIS asking?). If you not submit it may delay or RFE for the application. (You can check with any any attorney they request medical at the time of application submission).

_ Yes the fee for I-130 is $420.

_ you can submit I-130, I-485, I-765, I-131 in one cover.

Got it. Wherever i don't have to enter anything should i just type it as N/A or leave it blank?

[zoom123]

Yes, Put N/A.

Make sure everything is correct. One more thing I remind people that if you are sending all the forms (I-13, I-765, I-485, I-131) in one packet don't put only one copy of required document. Don't assume they gonna make copies. Each department (Section) in USCIS is separate. Once they receive your application they distribute all the application according to their section.

So here is the point each application should be complete and have attached all required documents.
Suppose, I-485 needs your marriage certificate, 2 Photos, I-190 passport copied etc - Put all documents attached to that form.
For I-765 again they need 2 photos, I-190, if passport copy - attach to that form.

Good Luck.

[firasatahmed]

Yes, Put N/A.

Make sure everything is correct. One more thing I remind people that if you are sending all the forms (I-13, I-765, I-485, I-131) in one packet don't put only one copy of required document. Don't assume they gonna make copies. Each department (Section) in USCIS is separate. Once they receive your application they distribute all the application according to their section.

So here is the point each application should be complete and have attached all required documents.
Suppose, I-485 needs your marriage certificate, 2 Photos, I-190 passport copied etc - Put all documents attached to that form.
For I-765 again they need 2 photos, I-190, if passport copy - attach to that form.

Good Luck.

Thanks again . I am on H 1 B and my H 1B is valid till 06/2013. I never got my H 1 B visa stamped. I am planning to travel to India in feb 2013.I think i need to fill I-131. In that it is asking for intended date? Does it have to be exact date? Is I-131 same as Advanced parole or do i need anything else?

[zoom123]

Yes, I-131/Travel document/Advanced Parole all are the same thing.
You can just put any date. Hope that you will get interview within 4 to 6 months.

[firasatahmed]

Yes, I-131/Travel document/Advanced Parole all are the same thing.
You can just put any date. Hope that you will get interview within 4 to 6 months.

Sorry for throwing so many questions on you . I started filling out I-131 and i couldn't get these :

i) In part 2 i have selected d , is that right?

ii) Part - 7 what does this mean "On separate page explain why you qualify for Advance Parole with all the necessary documents"? Could you please say what documents i need to submit ?

Thanks

[zoom123]

Yes Part 2 is d : I am applying for an advanced parole document to allow me...........................

- On the separate sheet of paper, write the applicant's name and A-number at the top and mark clearly that it relates to part 7 of the form.
- Then just put a short paragraph similar to what you said above, except you need to write it from the point of view of the applicant since they are the one applying for advance parole ("I qualify for advance parole because I am currently filing for adjustment of status. I would like to travel abroad because my wife and I plan to travel to see my mom/dad or grand mom who is not too old or some other reason...').
- Your reason for requesting advance parole is sufficient. But yeah you can include any other information about the trip if you like.

[firasatahmed]

Yes Part 2 is d : I am applying for an advanced parole document to allow me...........................

- On the separate sheet of paper, write the applicant's name and A-number at the top and mark clearly that it relates to part 7 of the form.
- Then just put a short paragraph similar to what you said above, except you need to write it from the point of view of the applicant since they are the one applying for advance parole ("I qualify for advance parole because I am currently filing for adjustment of status. I would like to travel abroad because my wife and I plan to travel to see my mom/dad or grand mom who is not too old or some other reason...').
- Your reason for requesting advance parole is sufficient. But yeah you can include any other information about the trip if you like.

Thanks again. What is A number? Where do i get that? I came across that on every form but i just left it blank

[zoom123]

Did your ever applied before AOS. (Green Card by Employment or any means)
Did you got any EAD (Employment card from USCIS).

then you find the A number on your I-485 receipts, EAD, etc
A = Alien Number

If this is your first time then just put N/A

[firasatahmed]

Did your ever applied before AOS. (Green Card by Employment or any means)
Did you got any EAD (Employment card from USCIS).

then you find the A number on your I-485 receipts, EAD, etc
A = Alien Number

If this is your first time then just put N/A

Hello again. I have few more questions about I-864.

i) If my father-in-law is going to be join sponsor what form should he fill out - I864 or I-864A. He doesn't live with us?

ii)In I-765 what would be answer for 16? it has three ()()()

Thanks