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H1B man married US Citizen affidavit or support

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  • H1B man married US Citizen affidavit or support

    hello I am in the US now 5 years on h1b visa, I do have a pending I-140 sponsored through my employer since December 2007 and I am thinking to re apply for the green card through my marriage. I am not sure if that would speed up the process since all employment based applications are delayed for so long...The question I have is the following:
    - Does it help me to get my green card faster?
    - Do we have to fill out the affidavit of support even though I make a lot more money than she does plus I own a house? What would be the smartest way to do that, if we need to file this form.
    Also should I mention the pending I-140 if we file, is that proof enough as the letter of employer and his tax returns have been submitted at that time when I filed for the I-140 already
    Thanks

  • #2
    Stevie,
    I am not expert, but i would file new I-130, I-485 and I-765. If fees doesn't matter to you.

    Since you are married to US Citizen, you would get immediate visa number for your I-130 application.

    I don't know howmuch time it take for I-130 to be approved. But I think, you would get EAD since your case is pending, so you don't need to be depends on your employer.

    The green card application is being filled by your spouse, not you. So spouse has fill up the affidavit of support form. But Your spouse can put you in form for affidavit of support.

    You should answer all questions in forms. If it asks for previous application, mentioned it, attached a copy receipt notice with your new application.

    If you have approval notice of H1-B & I-94, attach the copy with new application.

    If you have receipt notice of I-140, attach the copy with new application.

    Attach last three years of tax return of both of you (Joint tax returned if possible)

    Last three months of bank statement (Joint account preferred)

    Do more search, if you not confident. All the best.

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