Greencard for spouse already in the US

[Gpaul 0]

Hello -

We are new to VisaJourney. So please forgive us if this is the wrong place to post this question.

We got married in Dec,2010. My spouse is a US citizen and I am currently on H1B Visa working in the United States. My spouse filed a I130 for me in June 2011. After filing for the I130, we realized that we could have filed the I485 along with it. I have one more year in my H1 visa before I max out.

Some questions we have are

a) Is it okay that we filed I130 alone? I read somewhere that when I130 is filed, the alien relative HAS to be outside of US. Is that true?

b) If it is true that alien relative has to be outside of US when I130 is filed, is there any way to cancel the I130?

c) If the I30 filing when the spouse is in US is okay, how long does it usually take and what are the next steps?

Any help will be much appreciated.

Thanks

Paul

[Inky 1,110]

You need the NOAs from the I-130 and include copys thos with your I-485 packet.

[Harpa Timsah 13,258]

You did it slow, but it's okay. Now, as said above, file the I-485 packet with the NOA1 from your I-130 so they will get matched up and turn into a CONCURRENT I-130/I-485 petition. Here is the VJ Guide http://www.visajourney.com/content/i130guide2 You will have to amend these instructions slightly because you filed I-130 earlier.

[Gpaul 0]

So it is okay for me to stay in the US while I130 is being processed? Once that is approved, we should proceed with the I485?

Thanks

Paul

[la2011 5]

So it is okay for me to stay in the US while I130 is being processed? Once that is approved, we should proceed with the I485?

Thanks

Paul

Of course, you can stay in the US. You are still on a valid H1B visa. When you file your I-485, you will request an Employment Authorization document (I-765) and this document will allow you to work (even if your H1B expires) until your Green Card comes in.

Good luck on your journey!

[john_and_marlene 162]

So it is okay for me to stay in the US while I130 is being processed? Once that is approved, we should proceed with the I485?

Thanks

Paul

Don't wait for the I-130 to be approved. You can submit the I-485 petition with a copy of the receipt notice from the I-130. The I-485 can be adjudicated at the same time as the I-130.

[Harpa Timsah 13,258]

So it is okay for me to stay in the US while I130 is being processed? Once that is approved, we should proceed with the I485?

Thanks

Paul

You can stay as long as your H visa is current (1 year). Filing the I-130 has no bearing on your ability to stay in the US. If you do as I suggest below (file I-485 NOW), THEN you can stay longer.

To the second question, no, you should NOT wait until your I-130 is approved. You should send a I-485 packet NOW and include the notice that you received which states your I-130 petition was accepted for initial review (the I-797 form, which we call Notice of Action 1 (NOA1)).

Once you do this action, then you will be approved to stay in the US while the I-485 is processing. Based on this I-485, you can also apply for a temporary work permit and temporary travel permission to use while your Greencard is being processed. The I-485 is what changes your status and allows you to stay here, and avoids out-of-status (illegal) days in the US. You wanted to send in a CONCURRENT I-130/I-485 packet, but you didn't. So what you are trying to now is to TURN your I-130 into a concurrent petition by filing the I-485 packet NOW and also sending proof that you had filed the I-130 before. You want USCIS to find our I-130 petition and match it up with your I-485 and approve them together. Got it now?

Edited July 15, 2011 by Harpa Timsah

[milimelo 4,291]

Moving to AOS from work, tourist, student visa.

[Gpaul 0]

You can stay as long as your H visa is current (1 year). Filing the I-130 has no bearing on your ability to stay in the US. If you do as I suggest below (file I-485 NOW), THEN you can stay longer.

To the second question, no, you should NOT wait until your I-130 is approved. You should send a I-485 packet NOW and include the notice that you received which states your I-130 petition was accepted for initial review (the I-797 form, which we call Notice of Action 1 (NOA1)).

Once you do this action, then you will be approved to stay in the US while the I-485 is processing. Based on this I-485, you can also apply for a temporary work permit and temporary travel permission to use while your Greencard is being processed. The I-485 is what changes your status and allows you to stay here, and avoids out-of-status (illegal) days in the US. You wanted to send in a CONCURRENT I-130/I-485 packet, but you didn't. So what you are trying to now is to TURN your I-130 into a concurrent petition by filing the I-485 packet NOW and also sending proof that you had filed the I-130 before. You want USCIS to find our I-130 petition and match it up with your I-485 and approve them together. Got it now?

So I can send the I485, Employment Authorization and AP together? Where should I send it to? Will it be to the same place as I should have sent my 130 and 485 together? And thank you so much for the suggestion. We were thinking we should wait until the I130 is approved. You guys made our day! Thanks

[Gpaul 0]

I think I found answer to my question after reading the link http://www.visajourney.com/content/i130guide2

The I485 package should be sent to Chicago Lock Box.

Thank you all for your help.

Thanks

Paul

Edited July 15, 2011 by Gpaul

[Gpaul 0]

To all who helped. I just want to say a big Thank YOU!. After the above post and suggestions from it, we filed our I485 package (08/25) at the Chicago lock box. The case was transferred to NBC sometime September. Things went pretty fast after that. We had the interview yesterday (11/29) and was approved! yay!

Thank you all once again.