GC Process

[meetsrk]

I am married to USC for the past 4.5 years. We have 2 kids born in US. I have been on H1B since Nov-2007 with I-140 approved through my employer. We decided to start my family based GC this year, however, it is really confusing after going through the application.

* My wife is a stay at home mom, so doesn't have income. Can i use my income or should i get someone from her family to provide support?
* I am still 4 quarters away from 40.
* What all forms do we need to fill in? As I am looking to move away from H1B visa.


Thanks in advance.

[Adrian Gruber]

I am married to USC for the past 4.5 years. We have 2 kids born in US. I have been on H1B since Nov-2007 with I-140 approved through my employer. We decided to start my family based GC this year, however, it is really confusing after going through the application.

* My wife is a stay at home mom, so doesn't have income. Can i use my income or should i get someone from her family to provide support?
* I am still 4 quarters away from 40.
* What all forms do we need to fill in? As I am looking to move away from H1B visa.


Thanks in advance.

Your question is a bit confusing, first off I'm not an attorney.
Your spouse must get the ball rolling by filing a petition with USCIS proving that you are an immediate family member/spouse using the I-130 petiton and this costs $420 and she needs to file an "Affadavit of Support" and you have not worked in the US for 36 quarters/40 qtr. which is 10 years of employment.
You then need to Adjust your status to Permanent Resident and this will cost you $1020 plus medical fees. This form is the I-485

This is the link to USCIS and it will show you what you will need and you can D/L all the relevant forms. https://www.uscis.gov/