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Need help to determine USCIS forms for Green Card thru Marriage

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  • Need help to determine USCIS forms for Green Card thru Marriage

    Hi,

    My wife is US citizen now, i need help to determine USCIS forms should i fill to get Green Card thru marriage. Currently i am on H1B visa valid till 2020.

    Thanks in advance

  • #2
    Your wife needs to fill out an i-130a. However, you might have to complete your HIB, go back home, and wait. You cannot hold an H1B and an IR1 at the same time.

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    • #3
      Originally posted by linuxpro View Post
      Your wife needs to fill out an i-130a. However, you might have to complete your HIB, go back home, and wait. You cannot hold an H1B and an IR1 at the same time.
      Thanks for the reply... can't i file Change of Status from here. Once approved , go home and do fresh stamping..

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      • #4
        Originally posted by mohit_munjal View Post
        Thanks for the reply... can't i file Change of Status from here. Once approved , go home and do fresh stamping..
        The form would be an i-485. However, I do not know if you qualify.

        A few years back (2008), my colleague married a Russian student. She had to go back to Russia and wait about eight months. I do not know what visa type she had.

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        • #5
          Originally posted by mohit_munjal View Post
          Hi,

          My wife is US citizen now, i need help to determine USCIS forms should i fill to get Green Card thru marriage. Currently i am on H1B visa valid till 2020.

          Thanks in advance
          The main forms are I-130 and I-485. I-130 is the petition and I-485 is for Adjustment of Status. It is recommended that you also file I-765 for EAD and I-131 for Advance Parole; they are not mandatory but they are both free for AOS applicants.

          Each form will require many supplementary forms and documents. For example, an I-130 for a spouse will need I-130A, 2 passport photos each, proof of citizenship for the petitioner, marriage certificate, and various forms of proof of bona fide marriage. I-485 will need the beneficiary's birth certificate, proof of legal entry (I-94), 2 passport photos, I-693 medical, and I-864 Affidavit of Support. Read each form's instructions to see what is needed. Some people have also put some checklists online.

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

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