I130 Mandatory?

[MG2US 1]

Hi..

I am fairly new to this forum. I tried to read all topics that apply to me, and yet, was not able to find the correct answers to my situation.

Here's the situation:

1. I entered US on L1B Visa in Oct 2010. My Visa expired in Dec 11, but I had received the I94 till Oct 2013. Hence I am still working in States.

2. I met my girl-friend in Jan 2011, proposed her in Dec 2011 and am planning to get married in summer.

3. She is a permanent resident as of now, however, she has applied for N400 and her fingerprints appointment is on March 1.

4. We are planning to get married once she gets the status of US Citizen.

Questions after marriage:

1. What are the forms that I (or she) need to file to change my status from L1B to permanent resident? Is it only I485 or I130 (and anything else) as well?

2. My personal Research shows that I should become permanent resident in 3 to 6 months after application, if my spouse is US citizen. In that case, should I apply for EAD or should I wait for the green card (considering that even EAD might take 3 months)? This will be important for me because if I have to go back to my country before getting a green card, I cannot come back at all. My Visa has already expired! What is/are the forms for EAD Application?

3. What about I797? I am working beyond my Visa date coz my I94 is valid. But I am not sure about I797. Should that also be valid till the I94 date? What if it has expired along with the Visa?

Looking forward to your reply.

Thanks,

MG

[Harpa Timsah 13,258]

http://www.visajourney.com/content/i130guide2 Here is the guide. The whole point of filing for AOS in the country is that you don't go home, so I am not sure what you are asking.

[ChrisPG 30]

1. What are the forms that I (or she) need to file to change my status from L1B to permanent resident? Is it only I485 or I130 (and anything else) as well?

1) I-130

2) I-485

3)G-325A x3

4) I-693

5) I-864

You can also file Forms I-765 and I-131 concurrently with the above package.

2. My personal Research shows that I should become permanent resident in 3 to 6 months after application, if my spouse is US citizen. In that case, should I apply for EAD or should I wait for the green card (considering that even EAD might take 3 months)? This will be important for me because if I have to go back to my country before getting a green card, I cannot come back at all. My Visa has already expired! What is/are the forms for EAD Application?

I would just file Form I-765 concurrently with the rest of the package. It is free and you have nothing to lose. You will need a completed Form I-765, Copy of your I-94 (front & back) and two passport photos.

Edited February 28, 2012 by ChrisPG

[MG2US 1]

http://www.visajourney.com/content/i130guide2 Here is the guide. The whole point of filing for AOS in the country is that you don't go home, so I am not sure what you are asking.

I understand the point of filing for AOS. My question is: What forms are required for AOS? I thought it is only I485. I read the link you provided, but it is still not clear whether I130 is mandatory or not.

[Little_My 463]

Yes, I-130 is mandatory. That is the whole basis for your eligibility for a greencard.

If you have overstayed your previous visa, you shouldn't even bother with the I-131 for Advance Parole. You can't use it even though it would be issued, because of the previous overstay. You won't be able to leave the US until you have the actual greencard.

[MG2US 1]

I would just file Form I-765 concurrently with the rest of the package. It is free and you have nothing to lose. You will need a completed Form I-765, Copy of your I-94 (front & back) and two passport photos.

That sounds good. But If I apply for I-765 and let's say it gets approved before I485 (AOS), how does it affect my employment? I mean, I am on L1B Visa (Work Permit) that allows me to work only for my current employer. That also means that if my employer tells me to go back to my country, I have no option but to go back since I cannot work for anyone else. So once I get EAD, will I be able to work for any other employer? Also, if my employer tells me that I need to go back to my country as the assignment has ended, do I have to go back or can I quit and look for another job on EAD?

[Little_My 463]

I am not particularly familiar with L1B visa, but the EAD you get through AOS has nothing to do with your current employer or your L1B status. It is a separate temporary work permit, which allows you to legally work while your AOS is pending. If you apply for an EAD and it comes faster than your case is adjudicated, then yes, you can continue working legally for either your current employer or any other employer. The EAD will only be valid until there is a decision on your AOS application, and if for some reason that was denied, you would have to leave the US.

Once you file for AOS you also enter a new period of authorized stay, and you're no longer tied by the L1B validity. You can remain in the US lawfully until you have a decision on your AOS.

[MG2US 1]

I am not particularly familiar with L1B visa.

Consider L1B as H1 as they both are quite similar to each other. The only difference is that with H1B, I can switch jobs easily (using H1 transfer), while with L1B I cannot (unless new employer files an H1 for me)!

Once you file for AOS you also enter a new period of authorized stay, and you're no longer tied by the L1B validity. You can remain in the US lawfully until you have a decision on your AOS.

Thanks for your response. It has certainly helped a lot, at the same time, has raised one important question:

Once I file AOS, I'm no longer tied with L1B Validity. At the same time, my EAD is also in process. So the duration after I file AOS and before my EAD is approved, on what basis can I continue my work with the current employer? (L1B is not valid, while EAD is not issued yet!)

[Harpa Timsah 13,258]

Your L1B will remain valid while your AOS is processing actually. L is a dual-intent visa. You can continue to work for your employer.

[MG2US 1]

http://www.visajourney.com/content/i130guide2 Here is the guide.

The guide does not have I-693 in the list of documents. Is I-693 not mandatory? If it is not, who is required to file it?

[Harpa Timsah 13,258]

The guide does not have I-693 in the list of documents.

Yes it does. Please read again.

[MrsNotBonJovi 18]

The guide does not have I-693 in the list of documents. Is I-693 not mandatory? If it is not, who is required to file it?

I-693 is absolutely mandatory. No two questions about that.

[MG2US 1]

http://www.visajourney.com/content/i130guide2 Here is the guide. The whole point of filing for AOS in the country is that you don't go home, so I am not sure what you are asking.

Hi

I have another question. I got married two days back.

We are planning to file I-130 and I-485 (with all the supporting documents, of course) in a couple of weeks (as soon as we get the marriage certificate).

Question: I am working in Tampa, FL and my wife is studying and working in Chicago, IL. Do we mandatorily have to live together?? Even if the answer is YES, how are we supposed to make it possible with my work and her work condition?

Would appreciate a quick response as usual.. :-)

- MG

[chimcham 18]

Hello- I was here on an L1-B visa as well. I am happy to answer any of those particular questions you may have.

[MG2US 1]

Hello- I was here on an L1-B visa as well. I am happy to answer any of those particular questions you may have.

Hi Chimcham,

That sounds great..

As of now, I have one question as I have posted in my query above.

We got married last Friday.. Now, I am working in Tampa, FL while my wife is studying and working in Chicago, IL.

Do we mandatorily have to live together??

Did you guys live together after marriage?

- MG