H1B to Permanent Resident through Marriage (Filing on Wed PLEASE HELP)

[Bezalel 0]

Hi, my husband is the petitioner (U.S. Citizen) and I am the beneficiary (H-1B visa holder). Our situation is funky because I am currently on an "unpaid leave of absence." Please take a look at my situation and any guidance would be really helpful. I'm trying to file my application this Wednesday or this Friday the latest.

 

[Current Situation]

- I was laid off and have paystub until 6/30/2017. The company has agreed to have me "employed" until 9/30/2017 and put me on an unpaid leave of absence.

- I was out of the country during 6/24/2017-7/4/2017 and came back to the States on an H-1B status. I talked to a lawyer and she told me that I need an evidence that shows that I entered the States with valid H-1B visa. So, I have asked my company to write me an unpaid leave of absence letter.

 

[Questions]

- Is getting a leave application crucial? If so, what should it say? Please give me examples / sample sentences if possible.

- Should my leave of absence start on 7/5 (the day after I came back from my trip) or 7/1 (since my paystub ends on 6/30)? If neither, when should it start?

- If I don't submit my leave of application, would USCIS eventually ask for it?

- Is there a chance that USCIS doesn't accept my "unpaid leave of absence" even with the leave application? If that's the case, what should I do?

- What should I do if my I-130 or I-485 is rejected? Would I be able to stay in the States or would I be deported? What other visa can I transfer to? I would like to either work or go back to school.

- I didn't include I-131 (travel document) since it's suggested that I don't go out of the country even if I have it. I thought this would make my case riskier. Please let me know if this is a good idea or whether submitting I-131 wouldn't risk my case.

- Please see my checklist and let me know if I need to take out or add anything else

 

Thank you so much in advance for your help and time!

Part 1. I-130

Form G-1145, E-Notification of application/petition acceptance

1. Check for $535.00 Filing Fee

2. Form I-130, Petition for Alien Relative

• Two passport-style photos of petitioner

• Two passport-style photos of beneficiary

• A copy of certificate of naturalization

• A copy of petitioner’s biographical page of passport

• A copy of certification of marriage

3. Form I-130A, Supplemental Information for Spouse Beneficiary

4. Evidence of Bona Fide Marriage

• A copy of joint account bank statement

• A copy of current apartment leasing contract

• A copy of energy and gas bills

• A copy of phone and internet bills

• A copy of automobile insurance policy

• A copy of previous apartment leasing contract and bank statements

• A copy of affidavit letter of support from a friend

• A copy of affidavit letter of support from a family member

• Photos and supporting documents of petitioner and beneficiary time by time with family and friends

5. Proof of beneficiary’s current status in U.S.

• A copy of current H-1B Approval Notice (I-797A and I-797C)

• A copy of H-1B Visa

• A copy of I-94

• A copy of W-2 forms for 2014, 2015 and 2016

• A copy of beneficiary’s employee earning statement (paycheck stubs – recent three months)

• A copy of leave application

• A copy of resume, offer letter from current employer, MBA diploma and college diploma

 

Part 2. I-485

Form G-1145, E-Notification of application/petition acceptance

1. Check for $1,225.00 Filing Fee

2. Form I-485, Application to Register Permanent Residence or Adjust Status

• Two Passport-style photos of beneficiary

• A copy of current passport

• A copy of passport page containing the entry Visa

• A copy of passport page containing the entry stamps

• A copy of I-94

• A copy of H-1B Approval notice (I-797A and I-797C)

• A copy of I-20 (OPT)

• A copy of Employment Authorization Card (EAD) (Front & Back)

• A copy of Leave Application

• A copy of resume, offer letter from current employer, MBA diploma and college diploma

• A copy of certificate of personal records translated in English (proof of birth)

• A copy of certificate of personal records in native language (proof of birth)

• A copy of certificate of kinship translated in English

• A copy of certificate of kinship in native language

Evidence of Eligibility which includes

• A copy of certificate of marriage

• A copy of joint account bank statement

• A copy of current apartment leasing contract

• A copy of energy and gas bills

• A copy of phone and internet bills

• A copy of automobile insurance policy

• A copy of previous apartment leasing contract and bank statements

• A copy of affidavit letter of support from a friend

• A copy of affidavit letter of support from a family member

• Photos and supporting documents of petitioner and beneficiary time by time with family and friends

G-325a, Biographical Information for Beneficiary

I-693, Report of Medical Examination & Vaccination Records

Sealed envelope containing I-693 completed by civil surgeon

3. I-765, Application for Employment Authorization

• Two passport-style photos of beneficiary

• A copy of current passport

• A copy of passport page containing the entry Visa

• A copy of passport page containing the entry stamp

• A copy of I-94

• A copy of Employment Authorization Card (EAD) (Front & Back)

• A copy of H-1B Approval notice (I-797A and I-797C)

• A copy of Marriage Certificate

• A copy of Federal Tax Return for 2014, 2015 and 2016

• A copy of beneficiary’s employee earning statement (paycheck stubs – recent three months)

• A copy of leave application

4. I-864, Affidavit of Support (Petitioner)

• A copy of certificate of naturalization

• A copy of petitioner’s biographical page of passport

• A copy of Federal Tax Return for 2015 and 2016 of petitioner

• A copy of W2 forms for 2014, 2015 and 2016

• A copy of 1098-T forms for 2014, 2015 and 2016

• Supplement for I-864, Part 6, Item 20

 

Edited August 15, 2017 by Bezalel

[Bezalel 0]

Also, I was wondering whether I would be able to work once my I-765 is approved. Thank you!

[Coco8 1,039]

1- You should add i-131. It takes 3-4 months to process and it will allow you to leave the country in case you have to (like an emergency). Better to have it just in case because if you leave without it, your case is abandoned. There is no risk in presenting it. Everyone is doing it. 

 

2- Once you get the EAD - form i-765-- you can start working. It takes ~120 days.

 

3- You don't have to be working until this is approved. Just wait until you get NOA1, or even before that. You don't have to be on unpaid leave until you get the EAD, etc. Just send this and finish 9/30 when your unpaid leave is over.

 

4- I doubt your application will be denied. You have to see if you get RFE and respond in time. There are many instances/opportunities to avoid a denial. 

[Penguin_ie 5,986]

**** Moving from Bringing Family to AOS from Work visa forum for more answers *******

[Bezalel 0]

8 hours ago, Coco8 said:

1- You should add i-131. It takes 3-4 months to process and it will allow you to leave the country in case you have to (like an emergency). Better to have it just in case because if you leave without it, your case is abandoned. There is no risk in presenting it. Everyone is doing it. 

 

2- Once you get the EAD - form i-765-- you can start working. It takes ~120 days.

 

3- You don't have to be working until this is approved. Just wait until you get NOA1, or even before that. You don't have to be on unpaid leave until you get the EAD, etc. Just send this and finish 9/30 when your unpaid leave is over.

 

4- I doubt your application will be denied. You have to see if you get RFE and respond in time. There are many instances/opportunities to avoid a denial. 

Coco8 - thanks so much for your response! I will apply for I-131 then.

 

For 3 - are you saying that I am okay to be on an unpaid leave until 9/30 or even before then, as long as I submit my application asap? 

 

I would appreciate you or anyone else answer my other questions regarding my unpaid leave of application and check my cover letter.

- Is getting a leave application crucial? If so, what should it say? Please give me examples / sample sentences if possible.

- Should my leave of absence start on 7/5 (the day after I came back from my trip) or 7/1 (since my paystub ends on 6/30)? If neither, when should it start?

- If I don't submit my leave of application, would USCIS eventually ask for it? (I would like to submit my entire application this Wednesday but my employer is taking some time to get back to me regarding the leave application so I was wondering whether I should just send in my application first and then send out my leave application as additional information or whether I could just bring it to my interview).

 

I also have an additional question regarding my cover letter:

- As a proof of my legal status in U.S., should I attach my paystubs, W2, tax returns, resume, MBA diploma, college diploma in both I-130 and I-765? 

- I am going to be putting sticky tabs at the bottom, explaining what they are and using paper clips / binder clips. Is this okay or should I use fasteners?

- For sticky tabs, I wanted to add additional explanation as to what they represent. For example,  my husband and I used to live in our previous apartment but I wasn't on the lease so I was going to show that we lived together by sending in my bank account statements with the previous apartment address and explain this on the sticky tab. Is this recommended or should I just use a separate sheet of paper to explain this or should I write this explanation on the actual lease or bank statements?

[tato2017 41]

59 minutes ago, Bezalel said:

Coco8 - thanks so much for your response! I will apply for I-131 then.

 

For 3 - are you saying that I am okay to be on an unpaid leave until 9/30 or even before then, as long as I submit my application asap? 

 

I would appreciate you or anyone else answer my other questions regarding my unpaid leave of application and check my cover letter.

- Is getting a leave application crucial? If so, what should it say? Please give me examples / sample sentences if possible.

- Should my leave of absence start on 7/5 (the day after I came back from my trip) or 7/1 (since my paystub ends on 6/30)? If neither, when should it start?

- If I don't submit my leave of application, would USCIS eventually ask for it? (I would like to submit my entire application this Wednesday but my employer is taking some time to get back to me regarding the leave application so I was wondering whether I should just send in my application first and then send out my leave application as additional information or whether I could just bring it to my interview).

 

I also have an additional question regarding my cover letter:

- As a proof of my legal status in U.S., should I attach my paystubs, W2, tax returns, resume, MBA diploma, college diploma in both I-130 and I-765? 

- I am going to be putting sticky tabs at the bottom, explaining what they are and using paper clips / binder clips. Is this okay or should I use fasteners?

- For sticky tabs, I wanted to add additional explanation as to what they represent. For example,  my husband and I used to live in our previous apartment but I wasn't on the lease so I was going to show that we lived together by sending in my bank account statements with the previous apartment address and explain this on the sticky tab. Is this recommended or should I just use a separate sheet of paper to explain this or should I write this explanation on the actual lease or bank statements?

 

You don`t need to write or specify about leave in your cover letter. If you are asked you can answer during the interview along with the evidence you have.

Technically your absence of leave start on 7/1 so keep it like that.

You dont need to send your leave application to USCIS but prepared to have the documentation during the interview.

 

You dont need attach your W2s and Tax returns, resume, diploma etc you can take those to interview with you. if you are asked you can show them.

The proof of your legal status is in the US is:

H1B-797 approval notices

I-94s showing your admittance status

H1B visa on your password and stamps

For sticky tabs- Just dont use staples and dont over crowd your application. keep organized simple and clean.

 

Be careful applying I-131 Advance Parole - If you still like to maintain your H1B Status and if you enter the US with I-131 . Your H1B visa will be void.  Read the instruction on 1-131.

 

Review the following link:

 

****************NOTE: I AM NOT A LAWYER***********

 

[Bezalel 0]

6 hours ago, tato2017 said:

 

You don`t need to write or specify about leave in your cover letter. If you are asked you can answer during the interview along with the evidence you have.

Technically your absence of leave start on 7/1 so keep it like that.

You dont need to send your leave application to USCIS but prepared to have the documentation during the interview.

 

You dont need attach your W2s and Tax returns, resume, diploma etc you can take those to interview with you. if you are asked you can show them.

The proof of your legal status is in the US is:

H1B-797 approval notices

I-94s showing your admittance status

H1B visa on your password and stamps

For sticky tabs- Just dont use staples and dont over crowd your application. keep organized simple and clean.

 

Be careful applying I-131 Advance Parole - If you still like to maintain your H1B Status and if you enter the US with I-131 . Your H1B visa will be void.  Read the instruction on 1-131.

 

Review the following link:

 

****************NOTE: I AM NOT A LAWYER***********

 

Thank you for your reply and for this link! 

[Coco8 1,039]

11 hours ago, Bezalel said:

For 3 - are you saying that I am okay to be on an unpaid leave until 9/30 or even before then, as long as I submit my application asap? 

Yes. You are not planning to use your H1B anymore. Submit the application as soon as possible and then, don't extend the unpaid leave.

 

11 hours ago, Bezalel said:

Should my leave of absence start on 7/5 (the day after I came back from my trip) or 7/1 (since my paystub ends on 6/30)? If neither, when should it start?

- If I don't submit my leave of application, would USCIS eventually ask for it? (I would like to submit my entire application this Wednesday but my employer is taking some time to get back to me regarding the leave application so I was wondering whether I should just send in my application first and then send out my leave application as additional information or whether I could just bring it to my interview).

The leave of absence does not matter at all. Don't mention it. It is not relevant for AOS through marriage or any AOS at all. It is just a leave, it is not illegal and it does not have anything to do with immigration.

 

11 hours ago, Bezalel said:

- As a proof of my legal status in U.S., should I attach my paystubs, W2, tax returns, resume, MBA diploma, college diploma in both I-130 and I-765? 

 

 

You don't have to attach any of these. They require passport, photocopy of all your visas, i-94. 

 

11 hours ago, Bezalel said:

- For sticky tabs, I wanted to add additional explanation as to what they represent. For example,  my husband and I used to live in our previous apartment but I wasn't on the lease so I was going to show that we lived together by sending in my bank account statements with the previous apartment address and explain this on the sticky tab. Is this recommended or should I just use a separate sheet of paper to explain this or should I write this explanation on the actual lease or bank statements?

You seem to want to explain everything. Just submit evidence and create a clear cover letter. If they don't understand something they will ask you.

 

You can also submit receipts of a phone family plan, or photocopy of ID in which both of your addresses are/were the same. 

 

 

 

 

[Bezalel 0]

22 hours ago, Coco8 said:

Yes. You are not planning to use your H1B anymore. Submit the application as soon as possible and then, don't extend the unpaid leave.

 

The leave of absence does not matter at all. Don't mention it. It is not relevant for AOS through marriage or any AOS at all. It is just a leave, it is not illegal and it does not have anything to do with immigration.

 

 

You don't have to attach any of these. They require passport, photocopy of all your visas, i-94. 

 

You seem to want to explain everything. Just submit evidence and create a clear cover letter. If they don't understand something they will ask you.

 

You can also submit receipts of a phone family plan, or photocopy of ID in which both of your addresses are/were the same. 

 

 

 

 

Coco8 - thank you so much for the clarification!

 

I'll be submitting my documents tomorrow (finally) and was wondering whether you or anyone else could answer the following question:

 

I-765

- Eligibility Category: is it c9 (https://www.uscis.gov/working-united-states/information-employers-employees/employer-information/employment-authorization) or c9p if I'm concurrently filing I-131? (https://www.uscis.gov/forms/filing-form-i-765-other-forms)

 

I-485

- Part 2, Questions 3 and 4 (receipt number of underlying petition) - I'm assuming I don't have this but was wondering whether I should write my H-1B visa receipt number or whether I should write "N/A" or "Concurrently filing I-130."

 

I-130

- Part 2 Physical Address - this is automatically populated and I cannot write anything here since my current mailing address is the same as my current physical address. Should I leave this "N/A" or write my current address or my previous address?

 

General

- Please confirm that G-325 is no longer needed as it's replaced by I-130a and new I-485. 

 

 

Edited August 16, 2017 by Bezalel