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TexaswithLove

H1-B Visa Holder married to a USC

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I am asking this question in behalf of my friend who is married to a USC. She is holding a current H1-B visa and would like to adjust her status through marriage to a USC. She would like to know if what forms she needed to file in order to proceed with her AOS. Likewise, she would like to know if what will be the best answer for part number 2 of the I-485 question. I am looking forward to receive your inputs on these.

Thank you all!

Edited by TexaswithLove

TexaswithLove

I-751 Removal of Condition Time line:

06/01/2009--Sent Documents (VSC)

06/04/2009--Delivered @ 3:30pm per USPS website

06/10/2009--Check Cashed

06/13/2009--Received NOA/Extension Letter ( dated 06/05/2009)

06/22/2009--Biometrics Appointment letter received(dated 06/16/2009)

07/07/2009--Original Date for my Biometrics Schedule

07/02/2009--Received Cancellation Notice for my original biometrics appointment

07/16/2009--New Biometrics Schedule Received (dated 06/26/2009)

10/24/2009--Received Letter of Approval, Date of Decision 10/20/2009

11/06/2009--Finally received my 10 year Green Card in the mail

N-400 Application for Naturalization Timeline:

10/22/2011-- Sent Documents ( USCIS Dallas Lockbox Facility)

10/24/2011-- Documents delivered @ 12:05pm per USPS website

10/28/2011-- Check Cashed

10/31/2011-- Received NOA. Priority date 10/24/11

11/03/2011-- Received Biometric Appointment Letter. Scheduled to appear for 11/17/2011

11/17/2011-- Biometrics Completed!

11/28/2011-- Got Text/Email,Placed in line for interview scheduling

11/29/2011-- Got text/email interview scheduled

01/19/2012-- Interview Date, PASSED

02/13/2012-- Got text/email, placed in oath scheduling que

03/28/2012-- Oath Ceremony @ 8:30 AM (I'm so proud to be American)

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Filed: Citizen (apr) Country: India
Timeline

I am asking this question in behalf of my friend who is married to a USC. She is holding a current H1-B visa and would like to adjust her status through marriage to a USC. She would like to know if what forms she needed to file in order to proceed with her AOS. Likewise, she would like to know if what will be the best answer for part number 2 of the I-485 question. I am looking forward to receive your inputs on these.

Thank you all!

I am adjusting my status from H1B to an LPR based on marriage to a USC as well. You friend will need to file the I-130, I-485, I-765 (EAD - work authorization, not really needed for H1B visa holder, but should do it incase your visa expires before you get your green card), I-131 (Advanced Parole to allow her to travel outside US while the case is being processed) and I-864 (affidavit of support). Along will this she will need to get her medical done by a USCIS approved civil surgeon to get the sealed I-693 envelope. Read the guides available on this site, they contain pretty useful information needed to file the forms.

For Part 2 of the I-485, I chose option h - Other basis of eligibility, and wrote - FILED CONCURRENTLY WITH I-130 PETITION BY US CITIZEN SPOUSE.

Good luck :thumbs:


AOS timeline:

1st March 2010 - AOS packet received at Chicago (I-130, I-485, I-131, I-765)
9th March 2010 - Checks cashed
12th March 2010 - All 4 NOA's received
19th March 2010 - Applications touched biggrin.png
19th March 2010 - Received Biometrics letter for 2nd April
2nd April 2010 - Biometrics done
19th April 2010 - Received interview letter for May 21st biggrin.png
6th May 2010 - All applications touched. Status of I-765 changed to document production, status of I-131 changed to post decision activity.
10th May 2010 - Received approved AP in mail
21st May 2010 - AOS Interview, IO said he will approve the case... waiting for Green card smile.png
27th May 2010 - Received EAD card
17th June 2010 - Approval notice for I-130 received. Also received "Welcome to USA" letter biggrin.png
28th June 2010 - Finally received my GC.... Praise be to God smile.png

16th March 2012 - Sent ROC package
21st March 2012 - NOA1 date
20th April 2012 - Received Biometrics letter for 16th May

December 2012 - Received 10 year GC

01 Nov 2013 - Sent naturalization package

18 Feb 2014 - Oath ceremony done, naturalization complete!!

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I am adjusting my status from H1B to an LPR based on marriage to a USC as well. You friend will need to file the I-130, I-485, I-765 (EAD - work authorization, not really needed for H1B visa holder, but should do it incase your visa expires before you get your green card), I-131 (Advanced Parole to allow her to travel outside US while the case is being processed) and I-864 (affidavit of support). Along will this she will need to get her medical done by a USCIS approved civil surgeon to get the sealed I-693 envelope. Read the guides available on this site, they contain pretty useful information needed to file the forms.

For Part 2 of the I-485, I chose option h - Other basis of eligibility, and wrote - FILED CONCURRENTLY WITH I-130 PETITION BY US CITIZEN SPOUSE.

Good luck :thumbs:

Thank you for the quick reply. Another question, if for instance the husband does not meet the above poverty line, can my friend be allowed to become a joint sponsor for the I-864?


TexaswithLove

I-751 Removal of Condition Time line:

06/01/2009--Sent Documents (VSC)

06/04/2009--Delivered @ 3:30pm per USPS website

06/10/2009--Check Cashed

06/13/2009--Received NOA/Extension Letter ( dated 06/05/2009)

06/22/2009--Biometrics Appointment letter received(dated 06/16/2009)

07/07/2009--Original Date for my Biometrics Schedule

07/02/2009--Received Cancellation Notice for my original biometrics appointment

07/16/2009--New Biometrics Schedule Received (dated 06/26/2009)

10/24/2009--Received Letter of Approval, Date of Decision 10/20/2009

11/06/2009--Finally received my 10 year Green Card in the mail

N-400 Application for Naturalization Timeline:

10/22/2011-- Sent Documents ( USCIS Dallas Lockbox Facility)

10/24/2011-- Documents delivered @ 12:05pm per USPS website

10/28/2011-- Check Cashed

10/31/2011-- Received NOA. Priority date 10/24/11

11/03/2011-- Received Biometric Appointment Letter. Scheduled to appear for 11/17/2011

11/17/2011-- Biometrics Completed!

11/28/2011-- Got Text/Email,Placed in line for interview scheduling

11/29/2011-- Got text/email interview scheduled

01/19/2012-- Interview Date, PASSED

02/13/2012-- Got text/email, placed in oath scheduling que

03/28/2012-- Oath Ceremony @ 8:30 AM (I'm so proud to be American)

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Filed: Citizen (pnd) Country: Indonesia
Timeline

I am adjusting my status from H1B to an LPR based on marriage to a USC as well. You friend will need to file the I-130, I-485, I-765 (EAD - work authorization, not really needed for H1B visa holder, but should do it incase your visa expires before you get your green card), I-131 (Advanced Parole to allow her to travel outside US while the case is being processed) and I-864 (affidavit of support). Along will this she will need to get her medical done by a USCIS approved civil surgeon to get the sealed I-693 envelope. Read the guides available on this site, they contain pretty useful information needed to file the forms.

For Part 2 of the I-485, I chose option h - Other basis of eligibility, and wrote - FILED CONCURRENTLY WITH I-130 PETITION BY US CITIZEN SPOUSE.

Good luck :thumbs:

Someone correct me if I'm wrong.. but if concurrently filed with i-130, I think you can choose option a for part 2 of i-485.


AOS 05/08/10 - sent05/14/10 - receipt date on NOAs - transferred to National Benefits Center06/14/10 - Biometrics Done - Lawrence, MA (original appt)07/26/10 - Interview - APPROVED!!07/30/10 - Welcome letter rec'd (notice date: 07/26)08/05/10 - Green Card (&EAD) Received! - 2 months and 28 days total!ROC 04/28/12 - ROC package sent05/03/12 - check cashed05/04/12 - NOA1 received - dated 05/01/1206/07/12 - Biometrics done02/07/13 - Approved (status update via text msg)02/14/13 - Ten year Green card receivedNaturalization07/26/13 - eligible (90 day window opened 4/27/13)02/24/14 - N-400 sent to Dallas03/04/14 - Check cashed & case accepted (update via txt & email)03/10/14 - Biometrics appt letter rec'd (scheduled for 03/28/13)03/28/14 - Biometrics done04/01/14 - In line for interview 04/03/14 - Case status change to scheduled for interview04/10/14 - interview letter rec'd 5/13/14 - interview 6/3/14 - in line for oath 6/30/14 - Scheduled for oath

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Filed: Citizen (apr) Country: India
Timeline

Someone correct me if I'm wrong.. but if concurrently filed with i-130, I think you can choose option a for part 2 of i-485.

I believe option a is when you already have an approval for I-130 and are attaching the approval notice with the AOS package. If you are filing concurrently, it means your I-130 hasn't been approved yet, so the option I chose should be the correct one.


AOS timeline:

1st March 2010 - AOS packet received at Chicago (I-130, I-485, I-131, I-765)
9th March 2010 - Checks cashed
12th March 2010 - All 4 NOA's received
19th March 2010 - Applications touched biggrin.png
19th March 2010 - Received Biometrics letter for 2nd April
2nd April 2010 - Biometrics done
19th April 2010 - Received interview letter for May 21st biggrin.png
6th May 2010 - All applications touched. Status of I-765 changed to document production, status of I-131 changed to post decision activity.
10th May 2010 - Received approved AP in mail
21st May 2010 - AOS Interview, IO said he will approve the case... waiting for Green card smile.png
27th May 2010 - Received EAD card
17th June 2010 - Approval notice for I-130 received. Also received "Welcome to USA" letter biggrin.png
28th June 2010 - Finally received my GC.... Praise be to God smile.png

16th March 2012 - Sent ROC package
21st March 2012 - NOA1 date
20th April 2012 - Received Biometrics letter for 16th May

December 2012 - Received 10 year GC

01 Nov 2013 - Sent naturalization package

18 Feb 2014 - Oath ceremony done, naturalization complete!!

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Filed: Citizen (pnd) Country: Indonesia
Timeline

I believe option a is when you already have an approval for I-130 and are attaching the approval notice with the AOS package. If you are filing concurrently, it means your I-130 hasn't been approved yet, so the option I chose should be the correct one.

Nah, option a says you can attach approval notice

but you can also attach the actual petition that, if approved, will give you immediately available visa number.


AOS 05/08/10 - sent05/14/10 - receipt date on NOAs - transferred to National Benefits Center06/14/10 - Biometrics Done - Lawrence, MA (original appt)07/26/10 - Interview - APPROVED!!07/30/10 - Welcome letter rec'd (notice date: 07/26)08/05/10 - Green Card (&EAD) Received! - 2 months and 28 days total!ROC 04/28/12 - ROC package sent05/03/12 - check cashed05/04/12 - NOA1 received - dated 05/01/1206/07/12 - Biometrics done02/07/13 - Approved (status update via text msg)02/14/13 - Ten year Green card receivedNaturalization07/26/13 - eligible (90 day window opened 4/27/13)02/24/14 - N-400 sent to Dallas03/04/14 - Check cashed & case accepted (update via txt & email)03/10/14 - Biometrics appt letter rec'd (scheduled for 03/28/13)03/28/14 - Biometrics done04/01/14 - In line for interview 04/03/14 - Case status change to scheduled for interview04/10/14 - interview letter rec'd 5/13/14 - interview 6/3/14 - in line for oath 6/30/14 - Scheduled for oath

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Filed: Citizen (apr) Country: India
Timeline

Nah, option a says you can attach approval notice

but you can also attach the actual petition that, if approved, will give you immediately available visa number.

That may be your understanding, but I had made an infopass appointment prior to sending my AOS package, to confirm that the options I select on the forms are correct, and the person I spoke to recommended the option h instead of a in case of filing I-130 and I-485 concurrently. Can't say if h is the only correct option in this case, but that's the one I chose to use.


AOS timeline:

1st March 2010 - AOS packet received at Chicago (I-130, I-485, I-131, I-765)
9th March 2010 - Checks cashed
12th March 2010 - All 4 NOA's received
19th March 2010 - Applications touched biggrin.png
19th March 2010 - Received Biometrics letter for 2nd April
2nd April 2010 - Biometrics done
19th April 2010 - Received interview letter for May 21st biggrin.png
6th May 2010 - All applications touched. Status of I-765 changed to document production, status of I-131 changed to post decision activity.
10th May 2010 - Received approved AP in mail
21st May 2010 - AOS Interview, IO said he will approve the case... waiting for Green card smile.png
27th May 2010 - Received EAD card
17th June 2010 - Approval notice for I-130 received. Also received "Welcome to USA" letter biggrin.png
28th June 2010 - Finally received my GC.... Praise be to God smile.png

16th March 2012 - Sent ROC package
21st March 2012 - NOA1 date
20th April 2012 - Received Biometrics letter for 16th May

December 2012 - Received 10 year GC

01 Nov 2013 - Sent naturalization package

18 Feb 2014 - Oath ceremony done, naturalization complete!!

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