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MG2US

I130 Mandatory?

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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

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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.

AOS for my husband
8/17/10: INTERVIEW DAY (day 123) APPROVED!!

ROC:
5/23/12: Sent out package
2/06/13: APPROVED!

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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 by ChrisPG

Background Information

-Dec 2006: Arrived with an F1 visa

-Dec 2007: Met USC.

-Dec 2009: Got Engaged.

-Jan 2010: Fell out of Status.

-Oct 2010: Married USC.

-Feb 2012: Filed I-130/AOS

I-130/AOS Timeline

Day 0: 02/25/12: Mailed concurrent I-130/AOS Package to the Chicago Lockbox

Day 2: 02/27/12: Package arrived at the Chicago Lockbox.

Day 5: 03/01/12: Email acceptance confirmation received for Forms: I-130, I-485 & I-765.

Day 13: 03/09/12: NOA1s received for Forms: I-130, I-485 & I-765. Biometrics letter also received and scheduled for March 27th.

Day 24: 03/20/12: Email notification for RFE.

Day 27: 03/23/12: Hardcopy RFE received in the mail.

Day 31: 03/27/12: Biometrics completed.

Day 40: 04/05/12: Mailed off the RFE.

Day 44: 04/09/12: RFE Delivered.

Day 46: 04/11/12: USCIS received RFE and case updated online.

Day 55: 04/20/12: EAD approved!

Day 60: 04/25/12: Received 2nd "EAD in Production" Email.

Day 61: 04/26/12: EAD Mailed.

Day 63: 04/28/12: EAD in hand!

Day 74: 05/09/12: Interview date scheduled for June 12th.

Day 75: 05/10/12: Interview letter in hand.

Day 108: 06/12/12: Interview.

Day 110: 06/14/12: Received I-485 & I-130 approval emails.

Day 114: 06/18/12: Received I-130 & I-485 Approval hardcopies.

Day 115: 06/19/12: Received GC in production email.

Day 116: 06/20/12: Received "GC mailed" & "USPS picked up your GC" emails.

Day 118: 06/22/12: GC arrived in the mail

March 16th 2014: Eligible to file ROC.

March 16th 2015: Eligible to file for naturalization.

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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.

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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.


Adjustment of Status from F-1 to Legal Permanent Resident

02/11/2011 Married at Manhattan City Hall

03/03/2011 - Day 0 - AOS -package mailed to Chicago Lockbox

03/04/2011 - Day 1 - AOS -package signed for at USCIS

03/09/2011 - Day 6 - E-mail notification received for all petitions

03/10/2011 - Day 7 - Checks cashed

03/11/2011 - Day 8 - NOA 1 received for all 4 forms

03/21/2011 - Day 18 - Biometrics letter received, biometrics scheduled for 04/14/2011

03/31/2011 - Day 28 - Successful walk-in biometrics done

05/12/2011 - Day 70 - EAD Arrived, issued on 05/02

06/14/2011 - Day 103 - E-mail notice: Interview letter mailed, interview scheduled for July 20th

07/20/2011 - Day 139 - Interview at Federal Plaza USCIS location

07/22/2011 - Day 141 - E-mail approval notice received (Card production)

07/27/2011 - Day 146 - 2nd Card Production Email received

07/28/2011 - Day 147 - Post-Decision Activity Email from USCIS

08/04/2011 - Day 154 - Husband returns home from abroad; Welcome Letter and GC have arrived in the mail

("Resident since" date on the GC is 07/20/2011

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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?

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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.


Adjustment of Status from F-1 to Legal Permanent Resident

02/11/2011 Married at Manhattan City Hall

03/03/2011 - Day 0 - AOS -package mailed to Chicago Lockbox

03/04/2011 - Day 1 - AOS -package signed for at USCIS

03/09/2011 - Day 6 - E-mail notification received for all petitions

03/10/2011 - Day 7 - Checks cashed

03/11/2011 - Day 8 - NOA 1 received for all 4 forms

03/21/2011 - Day 18 - Biometrics letter received, biometrics scheduled for 04/14/2011

03/31/2011 - Day 28 - Successful walk-in biometrics done

05/12/2011 - Day 70 - EAD Arrived, issued on 05/02

06/14/2011 - Day 103 - E-mail notice: Interview letter mailed, interview scheduled for July 20th

07/20/2011 - Day 139 - Interview at Federal Plaza USCIS location

07/22/2011 - Day 141 - E-mail approval notice received (Card production)

07/27/2011 - Day 146 - 2nd Card Production Email received

07/28/2011 - Day 147 - Post-Decision Activity Email from USCIS

08/04/2011 - Day 154 - Husband returns home from abroad; Welcome Letter and GC have arrived in the mail

("Resident since" date on the GC is 07/20/2011

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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!)

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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.


AOS for my husband
8/17/10: INTERVIEW DAY (day 123) APPROVED!!

ROC:
5/23/12: Sent out package
2/06/13: APPROVED!

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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.


The Journey

Arrived on F1 visa on 25 Dec 2008. Graduated June 2011. Started OPT Sep 2011.

AOS applied March 21, 2012. GC approved June 11, 2012 & received June 18, 2012.

Exactly three months from start to finish,no RFEs.

AOS Timeline:

Day 01,March 21, 2012: Concurrent filing of I-130/AOS/EAD/AP to Chicago Lockbox

Day 02,March 22, 2012: Package delivered to Chicago Lockbox

Day 04,March 24, 2012: USCIS Acceptance Confirmation received through e-mail

Day 07,March 27, 2012: Checks cashed.

Day 13,April 02, 2012 : NOAs received for I-130,I-485,EAD/AP & Biometrics

Day 36,April 25, 2012 : Biometrics Completed at Elizabeth, NJ.

Day 45,May 04, 2012 : E-mail notification for interview received for June 11

Day 46,May 05, 2012 : Received hard copy of interview notice

Day 56,May 16, 2012 : EAD/AP Production e-mail

Day 64,May 24, 2012 : EAD/AP Card in hand

Day 83,June 11,2012 : Interview. Approved same day. Card production email.

Day 84,June 12,2012 : E-mail Notification registering PR status.

Day 87,June 15,2012 : USPS picks up GC from USCIS.

Day 88,June 16,2012 : Received two hard copy mails, approving I-130 & I-485

Day 90,June 18,2012 : 10-year GC in hand. End of GC journey, for now.

.

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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

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


06/25/12-2 Year Green Card Approved

05/13/14-Mailed ROC

05/15/14-NOA Receipt Date

05/19/14-Check posted to account and NOA received in mail

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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

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