Marriage based green card - questions

[immiblues]

Hello all,
I am in the US on a H1-B (valid until 2009). I married a US citizen last week and we plan to initiate the process to apply for my Greencard. While I do know the 'overview', I still have the following questions and will appreciate any advice that is forthcoming from readers.

1. Do I have to file the adjustment of status simultaneously with the I-130 that my wife will file, or do I have to wait for the I-130 to be approved.

2. How long before the interview and what happens before that? i.e. do we just wait for an interview date or will I get some temporary paperwork? I would like to travel so will be filing for advance parole.

3. Can I switch jobs while my adjustment of status is in process WITHOUT needing to apply for a H1 transfer?

4. if I lose my current job after apply for adjustment of status, will I have to leave the country since my H1 will no longer be valid?


thank you

[yandresyuk]

See below

1. Do I have to file the adjustment of status simultaneously with the I-130 that my wife will file, or do I have to wait for the I-130 to be approved.

You don't "have to" file for adjustment simultaneously, but you may

2. How long before the interview and what happens before that? i.e. do we just wait for an interview date or will I get some temporary paperwork? I would like to travel so will be filing for advance parole.

Whether you get so temporary paperwork would depend on whether you file for work permit/ advanced parole. You will also be asked to come in for fingerprints. How long before the interview depends on where you live

3. Can I switch jobs while my adjustment of status is in process WITHOUT needing to apply for a H1 transfer?

If you apply for job authorization and get it (usually takes about 3 months) you may work wherever you want without having to apply for any transfers or whatever

4. if I lose my current job after apply for adjustment of status, will I have to leave the country since my H1 will no longer be valid?

No, once you submit I-485 you may validly stay in the country (your status will be legal). Should your I-130 and I-485 get denied then you will be asked to leave the country

[curiousone]

Hello all,
I am in the US on a H1-B (valid until 2009). I married a US citizen last week and we plan to initiate the process to apply for my Greencard. While I do know the 'overview', I still have the following questions and will appreciate any advice that is forthcoming from readers.

1. Do I have to file the adjustment of status simultaneously with the I-130 that my wife will file, or do I have to wait for the I-130 to be approved.

2. How long before the interview and what happens before that? i.e. do we just wait for an interview date or will I get some temporary paperwork? I would like to travel so will be filing for advance parole.

3. Can I switch jobs while my adjustment of status is in process WITHOUT needing to apply for a H1 transfer?

4. if I lose my current job after apply for adjustment of status, will I have to leave the country since my H1 will no longer be valid?


thank you

Do not wait for the I-130 to be approved. File the I-485 simultaneously. Unless you ahve a pending I-485, youre not eligible for work authorization , based on your marraige.

[immiblues]

thanks for your responses

If we file the I-130, and 485 together along with advance parole and work permit requests, will I get the paperwork before the interview or does the interview determine whether I get anything at all. Just trying to sequence the events so that we can plan appropriately.

thanks again.

[curiousone]

If we file the I-130, and 485 together along with advance parole and work permit requests, will I get the paperwork before the interview or does the interview determine whether I get anything at all. Just trying to sequence the events so that we can plan appropriately.

thanks again.

u get the AP and EAD 60-90 days after filing. You get the interview 6 months -1 yr after filing.

[immiblues]

u get the AP and EAD 60-90 days after filing. You get the interview 6 months -1 yr after filing.

Thanks for the prompt response!
What about fingerprinting - when will I have to get that done? Is this at the time of application or interview?