Adjustment through Marriage

[Simon2011]

Hello all, thanks in advance for helping us out!

A little background about me. I came into the US when I was 14 on a student visa in 1986, and moved over to an H-1B once I finished my graduate school in Computer Science. After being on H-1B for about six years, when I lost my job in 2002 some lawyers advised me given that my whole family were US residents, there was no way I would get a new H-1B if I left the country for a year. Based on their input and having a Social Security card without any restrictions from high school days and Drivers license, they suggested I could work till I got my status adjusted through my parents or through marriage. Now that I am married to a Citizen, here are my questions:


I-130
- Alien registration number- Do I have one? The closest I can make out is the A# on my one year Employment Authorization Card during my one year of Practical Training after my Masters Degree.
- Indian Passport Expiration- Expired in June, does it matter during the filing?
- Authorized stay expiration date , item 14- Do I give the expiration of my last H-1B, September 2003 or when I lost my job with the employer who had sponsored me for my H-1 in May 2002?
- Travel document- Can I get a travel document to go to India and the Phillipines (my wife is from there) for 2011 Christmas?

- Concurrent filing of the I485- Some sources suggest concurrent filing however, Item 10 of the 485 instruction says that one is not authorized to apply for adjustment of status if "your authorized stay expired before filing the 485 application"

- Lastly, where should one file the joint I130 and I485?

[daru786]

Hello all, thanks in advance for helping us out!

A little background about me. I came into the US when I was 14 on a student visa in 1986, and moved over to an H-1B once I finished my graduate school in Computer Science. After being on H-1B for about six years, when I lost my job in 2002 some lawyers advised me given that my whole family were US residents, there was no way I would get a new H-1B if I left the country for a year. Based on their input and having a Social Security card without any restrictions from high school days and Drivers license, they suggested I could work till I got my status adjusted through my parents or through marriage. Now that I am married to a Citizen, here are my questions:


I-130
- Alien registration number- Do I have one? The closest I can make out is the A# on my one year Employment Authorization Card during my one year of Practical Training after my Masters Degree.
- Indian Passport Expiration- Expired in June, does it matter during the filing?
- Authorized stay expiration date , item 14- Do I give the expiration of my last H-1B, September 2003 or when I lost my job with the employer who had sponsored me for my H-1 in May 2002?
- Travel document- Can I get a travel document to go to India and the Phillipines (my wife is from there) for 2011 Christmas?

- Concurrent filing of the I485- Some sources suggest concurrent filing however, Item 10 of the 485 instruction says that one is not authorized to apply for adjustment of status if "your authorized stay expired before filing the 485 application"

- Lastly, where should one file the joint I130 and I485?

1. Use your A# from your old EAD.
2. Do NOT apply for the travel document. Do NOT leave the country till you get your physical Green Card.
3. Apply for your renewal of your passport or apply for a new one.
4. File I-130 only and when its approved, file the rest of the forms.
5. Visit the USCIS website and they have all the info about where and what to file.
Good Luck!

[Simon2011]

Thanks Daru!

Clarification on a few items:

1) Can you address - Authorized stay expiration date , item 14- Do I give the expiration of my last H-1B, September 2003 or when I lost my job with the employer who had sponsored me for my last H-1 with the job ending in May 2002?

2) In item 2 you say “Do NOT apply for the travel document. Do NOT leave the country till you get your physical Green Card.” Does this mean the conditional or the final green card which comes in about two years?

3) Lastly, I am wondering if it will be faster to file using Child Status Protection Act. In 1988, my aunt an US Citizen filed for my family who got their green cards around 2002 but me and my sister aged out went over 21 while waiting for Visa numbers to be available in this category. However, I found CSPA information online and wondering if this will give me my GC faster than through my wife petitioning on my behalf?