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Married to Citizen - Help needed for Green Card filing (I-130, I-485, I-765)

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  • Married to Citizen - Help needed for Green Card filing (I-130, I-485, I-765)

    Hi All,
    I am currently on H1B which is valid till June 2019, also I am completing 6 years in June 2019. I got recently married to a citizen and now we want to file for my green card. I have certain questions regarding the process and forms we need to fill. It will be great help if anyone can put some light on below questions:

    1. I believe we need to fill I-130, I-485 and I-765. Do we also need to file for G-325A, I-693, I-864 and I-131 ?
    2. Do we need to fill all I-130, I-485 and I-765 together or is there an order as to when to fill I-130, I-485, I-765, G-325A, I-693, I-864 and I-131 ?
    3. Can we start the process by ourselves or an attorney is required? Any specific area I should be caution about if I file it without Attorney?
    4. Whats an average cost of attorney for this process?
    5. Since my current visa is valid till June 2019, do I need to file for advance parole (I-131)? If not, can I travel outside US on H1B after initiation adjustment process?

    Thanks in advance!!!

  • #2
    Please see my responses in CAPS after each question below:

    Originally posted by anujtanwar12 View Post
    Hi All,
    I am currently on H1B which is valid till June 2019, also I am completing 6 years in June 2019. I got recently married to a citizen and now we want to file for my green card. I have certain questions regarding the process and forms we need to fill. It will be great help if anyone can put some light on below questions:

    1. I believe we need to fill I-130, I-485 and I-765. Do we also need to file for G-325A, I-693, I-864 and I-131 ?

    ADD I-864 AND I-693 (IN SEALED ENVELOPE). G-325A IS NO LONGER USED FOR I-130 OR I-485 PROCESSING.

    2. Do we need to fill all I-130, I-485 and I-765 together or is there an order as to when to fill I-130, I-485, I-765, G-325A, I-693, I-864 and I-131 ?

    DO THEM ALL AT THE SAME TIME. MY ADVICE IS TO NOT BOTHER WITH I-131, AS THERE MAY BE A RISK OF BEING PENALIZED FOR A VISA OVERSTAY WHILE BEING PROCESSED FOR ADJUSTMENT.

    3. Can we start the process by ourselves or an attorney is required? Any specific area I should be caution about if I file it without Attorney?

    IF YOU ARE METHODICAL AND DO YOUR RESEARCH, YOU DON'T NEED AN ATTORNEY. BUT YOU SHOULD HAVE AN EXPERIENCED PERSON REVIEW YOUR PAPERWORK BEFORE SUBMITTING.

    4. Whats an average cost of attorney for this process?

    $1,500 - $4,000.

    5. Since my current visa is valid till June 2019, do I need to file for advance parole (I-131)? If not, can I travel outside US on H1B after initiation adjustment process?

    SEE MY RESPONSE TO #2 ABOVE.

    --Ray B

    Thanks in advance!!!

    Comment


    • #3
      Originally posted by anujtanwar12 View Post
      Hi All,
      I am currently on H1B which is valid till June 2019, also I am completing 6 years in June 2019. I got recently married to a citizen and now we want to file for my green card. I have certain questions regarding the process and forms we need to fill. It will be great help if anyone can put some light on below questions:

      1. I believe we need to fill I-130, I-485 and I-765. Do we also need to file for G-325A, I-693, I-864 and I-131 ?
      2. Do we need to fill all I-130, I-485 and I-765 together or is there an order as to when to fill I-130, I-485, I-765, G-325A, I-693, I-864 and I-131 ?
      3. Can we start the process by ourselves or an attorney is required? Any specific area I should be caution about if I file it without Attorney?
      4. Whats an average cost of attorney for this process?
      5. Since my current visa is valid till June 2019, do I need to file for advance parole (I-131)? If not, can I travel outside US on H1B after initiation adjustment process?

      Thanks in advance!!!
      My advice is you should always file I-765 for EAD and I-131 for AP. They are both free and there is no downside. There is no reason not to apply for them. You don't have to use them if you get them, but have the option just in case.

      You can travel without AP and you will not abandon I-485 if you have H1b status when you leave and you use an H1b visa to return to the US. But that's *if* you maintain H1b status. What if you unexpectedly lose your job? Then you won't have H1b status. Lots of things can happen. It doesn't hurt to have a potential backup, which is free anyway.

      Group each main application form with its supporting forms and other supporting materials. I-864 and I-693 are required as part of the I-485, along with documents such as your birth certificate and I-94. Your I-130 will need I-130A (since this is a petition by a spouse) and documents such as your spouse's proof of citizenship, your marriage certificate, and various proofs of bona fide marriage. No form uses G-325A. The main applications will be I-130, I-485, I-765, and I-131. They should all be sent together in one package.

      This is my personal opinion and is not to be construed as legal advice.

      Comment


      • #4
        Thanks

        Thanks for your inputs!!!

        Comment


        • #5
          I-765 and I-131 are not free

          Originally posted by newacct View Post
          My advice is you should always file I-765 for EAD and I-131 for AP. They are both free and there is no downside. There is no reason not to apply for them. You don't have to use them if you get them, but have the option just in case.

          You can travel without AP and you will not abandon I-485 if you have H1b status when you leave and you use an H1b visa to return to the US. But that's *if* you maintain H1b status. What if you unexpectedly lose your job? Then you won't have H1b status. Lots of things can happen. It doesn't hurt to have a potential backup, which is free anyway.

          Group each main application form with its supporting forms and other supporting materials. I-864 and I-693 are required as part of the I-485, along with documents such as your birth certificate and I-94. Your I-130 will need I-130A (since this is a petition by a spouse) and documents such as your spouse's proof of citizenship, your marriage certificate, and various proofs of bona fide marriage. No form uses G-325A. The main applications will be I-130, I-485, I-765, and I-131. They should all be sent together in one package.


          Looks like, I-765 and I-131 are not free. I checked on USCIS website and they are $410 and $575 respectively.
          Link: https://www.uscis.gov/us-visa-and-im...forms/our-fees

          Comment


          • #6
            Originally posted by anujtanwar12 View Post
            Looks like, I-765 and I-131 are not free. I checked on USCIS website and they are $410 and $575 respectively.
            Link: https://www.uscis.gov/us-visa-and-im...forms/our-fees
            Use this form to apply for lawful permanent resident status if you are in the United States.

            Special Instructions
            If you are filing Form I-485 (or already filed a Form I-485 on or after July 30, 2007), you do not have to pay an additional fee to also file a Form I-765, Application for Employment Authorization and/or Form I-131, Application for Travel Document for advance parole. You may file these forms together. If you choose not to file Form I-765 and/or Form I-131 with your Form I-485, then you must submit a copy of your I-797C, Notice of Action, receipt as evidence of that you filed a Form I-485.
            It says the same thing in the I-765 and I-131 instructions.

            This is my personal opinion and is not to be construed as legal advice.

            Comment

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