New to process-Is I-130 right for us?

[lovelymsa 0]

My husband and I are completely new to this process and looking for help from those with more experience filing for permanent residency.

Our situation is as follows:

My husband is a German citizen who went to grad school in the US and has worked here since graduation, first on an OPT and then on H-1B's through his university employers.

We married in the US in 2008, (I am a US citizen) but due to financial concerns, moves and switching jobs, we haven't been proactive about adjusting his status.

Our goal is to change his status to get him permanent residency.

Your site was recommended by a colleague with a foreign spouse. I would really like to know where to start. I-130 is listed on your forum as the starting form for couples residing in the US, but the giant warning box is a rather off-putting. I don't want to jeopardize his work status, especially as I am currently unemployed. We are in no rush but want to do this right.

Any advice is appreciated.

Thank you.

[ceadsearc 516]

H1-B is a dual intent visa so he should not have an issue adjusting status or continuing to work in the meantime.

You can file the I-130 and the I-485 concurrently using the guides here.

[lovelymsa 0]

Thanks. That is the same conclusion I've come to based on the USCIS website, but it's affirming to hear it from someone whose gone through an adjustment of status.

[lovelymsa 0]

Also does anyone know if filing for adjustment of status will affect my husband's ability to travel outside of the US?

He is supposed to go to Europe for work this summer.

[gildayjason 2]

He should apply for advance parole (I-131), which is free when filed with the I-485. It takes about 2-3 months, but once he has that in hand, he can travel.

[Harpa Timsah 13,258]

H1B is a dual intent visa, meaning he can travel with the AOS is pending. This is unusual - most people need the I-131 to travel, but he won't as long as his H1B is valid.

[Little_My 464]

You are in a lucky situation because of the H1B visa. Because it is a dual intent visa, you are in no rush to file for AOS should you not want to do so yet. He can keep working and traveling on his H1B visa without having to worry about his intent to immigrate, or CBP officers giving him hard time at POE due to an American girlfriend/fiance. However, since you two are married, it makes sense to file the AOS paperwork as soon as you have the money to do so, especially if your husband possibly wants to become citizen one day. The faster he has the greencard, the sooner the citizenship clock starts to run. Also, once he is a permanent resident, he won't have to worry about his immigration status should he become unemployed, for example.

The VJ guide for concurrent filing of I-130 and I-485 is very detailed and helpful.

[Fifth Echelon 6]

I would agree with everything that has been stated here. I was on an H-1B myself prior to applying for AOS.

[lovelymsa 0]

Thanks for all of the input. It is really appreciated. My only concern with travel is that my husband has the 7whateverC notice (sorry I don't have it handy) in lieu of his actual H-1B since it was granted once he was already in the US. Thus, he's been told that when he does travel abroad, he has to use this approval notice to get the actual visa to return to the US. Do you think this still gives him the green light to travel abroad if AOS is pending?

[Fifth Echelon 6]

Thanks for all of the input. It is really appreciated. My only concern with travel is that my husband has the 7whateverC notice (sorry I don't have it handy) in lieu of his actual H-1B since it was granted once he was already in the US. Thus, he's been told that when he does travel abroad, he has to use this approval notice to get the actual visa to return to the US. Do you think this still gives him the green light to travel abroad if AOS is pending?

Yes, he will have to apply for an H-1B visa at a consulate to return. That being said, he CAN still return once he has the visa. However if I were your husband, I would use AP to re-enter in this instance. It is a lot easier to use AP than having to go through the process of applying for a new visa.

[lovelymsa 0]

AP? Sorry, totally new to this process and the said acronyms.

[Little_My 464]

AP stands for Advance Parole, which is a document issued to a foreigner with a pending AOS to allow him/her travel internationally while the AOS is being processed. It usually takes around 3 months or so from filing the AOS papers to getting the AP, and then additional 2-3 months from that to getting the actual greencard.

I am not that well versed with the H1B process, but having a pending AOS should not prevent your husband from getting his visa renewed abroad, since the visa is a dual-intent visa. Safer to wait for the AP though, that way you won't have to worry about him having trouble getting back in.