AOS Question

[Dr_Evo 0]

Hi everyone,

Im a noob to this forum but im glad i found it. Anyway, here is my situation and I just wanted to make sure that i am doing everything correctly based on everyone's experience.

in 2002, my GF of several years came to the US on B1. She found employment who sponsored her on H1b. I dont know what else she filed but I know it was heading towards a labor cert. Anyway, in 2005, she moved to a different employer and the petition has been made and her new employer sponsored her current h1b. We know that it takes a while to use labor cert to gc route. It gets expensive too.

to make the long story short, we have decided to get married next month here in the US and the church ceremony we do in the philippines next year. Here is my question. What do I need to file? i have i-130, i-485 and i-765 EAD bec she will need to move up to northern california from southern california as soon as we find her an employer and of course the approval of the EAD. Secondly, we are planning to go to the philippines in january to do the necessary preparation (.ie fitting, seminars, reservations, etc.) does she need to file for i-131 or should we just wait for everything to be approved which looks to be within 5-6 months. I decided to post here first before consulting an attorney. i spent way too much on them and i am one myself who just doesnt have any immigration experience. =)

thanks in advance.

[payxibka 10,048]

You have a good understanding.... I-131 fee is included with the I-485 fee so why not submit it as well... it is a "freebie" per se.

[Dr_Evo 0]

You have a good understanding.... I-131 fee is included with the I-485 fee so why not submit it as well... it is a "freebie" per se.

thanks! i did not even catch that the I-131 fee is already included. I reread the instructions and yes it is included. this forum is golden! thanks again!

[Dr_Evo 0]

another quick question.

I was looking at the I-485. There is a question, "In what status did you last enter?" She came in as B1 and got converted to H1B 3 months later, I should still put in B1 right? that was however 5 years ago. doesnt it look like she went out of status in the app since there is no mention if she ever converted her status to h1b?

Edited May 29, 2008 by Dr_Evo

[Heliosphan 1]

Whatever status is on her I-94

[Dr_Evo 0]

thanks everyone!

i do have a follow up Q though. So I file I-130, I-485, I-765 and I-131. With the I-130 i need to include G-325 and I-864. With the I-485 do I need to have my fiancee visit the civil surgeon so the I-693 goes with the entire packet? Im confused. Ive seen timelines when the I-693 was filled up later. also, we are getting married next month and I was thinking of having her go to the civil surgeon this month so we can file the papers asap. however, she will still be using her maiden name during the civil surgeon appt. would that cause a problem when we file everything?

[Dr_Evo 0]

thanks everyone!

i do have a follow up Q though. So I file I-130, I-485, I-765 and I-131. With the I-130 i need to include G-325 and I-864. With the I-485 do I need to have my fiancee visit the civil surgeon so the I-693 goes with the entire packet? Im confused. Ive seen timelines when the I-693 was filled up later. also, we are getting married next month and I was thinking of having her go to the civil surgeon this month so we can file the papers asap. however, she will still be using her maiden name during the civil surgeon appt. would that cause a problem when we file everything?

never mind, i think i answered the first part of my question. this only leaves the other question on whether or not it will be a problem if the i-693 will still bear her last name and not mine.

[Dr_Evo 0]

also, which address should i be using. she will not be moving in with me until we get her ead and she lives in southern cali and me in northern cali. she will technically come up here every 2 weeks and me go down there every 2 weeks as well. our actual domicile will be here in norcal as i already make mortgage payments here and selling the house at this time to move to socal is not the brightest idea.

[sweetpiano 0]

this only leaves the other question on whether or not it will be a problem if the i-693 will still bear her last name and not mine.

It should not be a problem if the medical bears her maiden name, but the forms are in her married name, because on the forms, under the married name, she will fill in the field with "Other names", where she will put down her maiden name. Together with the marriage certificate, I am sure the USCIS will connect the dots.

Edited May 30, 2008 by sweetpiano

[Dr_Evo 0]

this only leaves the other question on whether or not it will be a problem if the i-693 will still bear her last name and not mine.

It should not be a problem if the medical bears her maiden name, but the forms are in her married name, because on the forms, under the married name, she will fill in the field with "Other names", where she will put down her maiden name. Together with the marriage certificate, I am sure the USCIS will connect the dots.

thanks so much!