H1-B to GC question

[Kaei 0]

Hi everyone,

I am about to get married to my boyfriend of 4 years (he's the US citizen, I'm the one on a visa) and we'd like to get started on the Green card application process as soon as possible. Reading up on USCIS website and the web, it looks like if I apply as a spouse, I'd need the following forms:

- I-485

- G-325A

- I-130 / I-797

- I-864

- I-693

However, I am currently in the US on a H1-B visa, so I don't know if this complicates things. I never submitted an I-130 - my company submitted an I-797 on my behalf when I started work.

My first question is, should I apply by submitting the work-related I-797, or a completely new I-130?

Secondly, since I am still employed and have no plans of leaving my job at the moment do I still need to submit an I-765 and an I-131? (to work and travel respectively) Or can I keep my H1-B status until the green card?

Thanks in advance for any advice.

[nemu 0]

Your future husband will have file to I130 on your behalf - as USC's spouse you don't have to wait for IV numbers to become available.

You can file I130 and I485 concurrently. See guide: http://www.visajourney.com/forums/index.ph...page=i130guide2

I797 - I am not sure this is USCIS form.

Both I765 and I131 are very optional in your case, but only if your H1b is valid. H1b allows for dual intent, you do not violate terms of visa by virtue of marriage to USC.

[Kaei 0]

Your future husband will have file to I130 on your behalf - as USC's spouse you don't have to wait for IV numbers to become available.

You can file I130 and I485 concurrently. See guide: http://www.visajourney.com/forums/index.ph...page=i130guide2

I797 - I am not sure this is USCIS form.

Both I765 and I131 are very optional in your case, but only if your H1b is valid. H1b allows for dual intent, you do not violate terms of visa by virtue of marriage to USC.

Thanks so much for your prompt answer!

I-797 was just a "Notice of Action/Approval Notice" I got from INS when they first approved my work visa. Either way it looks like my spouse will have to file the I-130 anyway.

Thanks again.

[cali 0]

I entered the US on H1B and am also married to aUSC. We sublmitted our application in June and received the green card in August. The forms we used were:

I-485

G-325A

I-693

I-864

-plus supporting documents

I-130 with G-325A for each person- plus supporting documents

I-131 -travel document

I-765 -Work Authorization - We only did the last two because my H1b was expiring in jan. 2007 and didn't know the green card process was going to go so quick.

Good Luck!