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Help Needed: H1-B AOS to Work Permit/GC process after getting married to a Citizen

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Hi everyone!

I just got married to my beautiful wife last 4/22/2012. She currently holds a H1-B visa with her work as Medical Technologist in Iowa. I'm a US Citizen that works as a banker and resides in California. What we're trying to do is getting our households together. We're both flexible in relocating. But according to some people we've talked to, it is best that she moves to Cali with me since I will be the one sponsoring her and that my proof of residence and income is important in doing so. Is this true?

Also, another question that remains is the actual process of her status being adjusted and with the sense of urgency of her finding a new job in Cali while the process is happening. Which forms should we file right away? Correct me if I'm wrong, but do we need to concurrently do I-130, I-485, and I-765? And if that's the case, we pay the combined $1870 fee all together? Money's tight for us so is it stupid for us to ask is there some kind of process or pathway of applying to get the thing paid in portions? Looking forward in hearing from your sound advice. Thank you!

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Filed: AOS (apr) Country: Canada
Timeline

Hey, congrats on your marriage.

It doesn't matter where you live, but your income will be important to the process. You have to fill out form I-864 as part of the process. It basically agrees that you will be financially responsible and as part of that you have to prove that your income is more than 125% of the poverty povertly level based on the size of your household.

If you wanted to move to where she is and have a job there , it wouldn't matter. Even if you didn't have a job there you could get a co-sponsor to fill out a form in addition to yours,

In regards to the process, you would file all the forms at once as a concurrent package. This would be I-130, I-485, I-693, I-864 and optional I-765 (for work permit) and I-131 (For Travel).

I think you are off on the fees...

You are looking at $1070 for the I-485 package (includes biometrics) and another $420 for the I-130.

I don't know of any payment plans...I believe they want you to show you are financially capable...getting payment plans for immigration would kind of defeat that.

Just wait to file until you can afford to do it...overstay is forgive for the spouse of a citizen.

Make sure to read the guides to get help and follow the instructions closely.

Edited by jdh

July 2005 - met my awesome, hot, amazing love in Lousiana.
July 2006 - Married said love and moved to Canada.
June 2011 - Entered US to visit family, decided to stay.
Feb. 2012 - Sent paperwork to Chicago.

May 2012 - Received green card.

Day 0 - Package sent to Chicago Lockbox - 02/27/2012
Day 2 - UPS Tracking Confirmation - 02/29/2012
Day 4 - NOA Emails Received - 03/02/2012
Day 7 - All Checks Cashed - 03/05/2012
Day 11 - Hard Copy NOA's Received - 03/09/2012
Day 11 - Biometrics Appointment Received - 03/09/2012
--------- - Booked for - 04/03/2012 (day 36)
Day 35 - Early Biometricts Walk-in - 04/02/2012
Day 44 - Received Appointment Letter - 04/11/2012
Day 58 - EAD Approval Online - 04/25/2012
Day 63 - EAD in the mail - 04/30/2012
Day 65 - EAD in hand - 05/02/2012
Day 77 - AOS Interview - 05/14/2012
Day 77 - AOS Approved!
Day 84 - Green Card In Hand - 05/21/2012

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Filed: IR-1/CR-1 Visa Country: Vietnam
Timeline

The payment plan is all at once. wacko.gif Do some reading in the Guides section here on VJ ( http://www.visajourney.com/content/i130guide2 ) as well as the individual form pages on the USCIS website to understand the process and costs involved.


I-864 Affidavit of Support FAQ -->> https://travel.state.gov/content/visas/en/immigrate/immigrant-process/documents/support/i-864-frequently-asked-questions.html

FOREIGN INCOME REPORTING & TAX FILING -->> https://www.irs.gov/publications/p54/ch01.html#en_US_2015_publink100047318

CALL THIS NUMBER TO ORDER IRS TAX TRANSCRIPTS >> 800-908-9946

PLEASE READ THE GUIDES -->> Link to Visa Journey Guides

MULTI ENTRY SPOUSE VISA TO VN -->>Link to Visa Exemption for Vietnamese Residents Overseas & Their Spouses

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Hey, congrats on your marriage.

It doesn't matter where you live, but your income will be important to the process. You have to fill out form I-864 as part of the process. It basically agrees that you will be financially responsible and as part of that you have to prove that your income is more than 125% of the poverty povertly level based on the size of your household.

If you wanted to move to where she is and have a job there , it wouldn't matter. Even if you didn't have a job there you could get a co-sponsor to fill out a form in addition to yours,

thank you for the warm wishes. i guess this opens up a lot of possibilities too since i'd actually rather live in iowa for the time being and not here in cali.

can the co-sponsor be the wife since she makes a very decent amount of money?

In regards to the process, you would file all the forms at once as a concurrent package. This would be I-130, I-485, I-693, I-864 and optional I-765 (for work permit) and I-131 (For Travel).

I think you are off on the fees...

You are looking at $1070 for the I-485 package (includes biometrics) and another $420 for the I-130.

I don't know of any payment plans...I believe they want you to show you are financially capable...getting payment plans for immigration would kind of defeat that.

Just wait to file until you can afford to do it...overstay is forgive for the spouse of a citizen.

Make sure to read the guides to get help and follow the instructions closely.

I got the $1870 total from the following:

I-130 $420

I-485 with biometrics $1070

I-765 $380

With you just mentioning the first total fees, does that mean I wouldn't need to pay for the I-693, I-864 and I-765 (we will not need the I-131)?

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Filed: AOS (apr) Country: Canada
Timeline

thank you for the warm wishes. i guess this opens up a lot of possibilities too since i'd actually rather live in iowa for the time being and not here in cali.

can the co-sponsor be the wife since she makes a very decent amount of money?

I got the $1870 total from the following:

I-130 $420

I-485 with biometrics $1070

I-765 $380

With you just mentioning the first total fees, does that mean I wouldn't need to pay for the I-693, I-864 and I-765 (we will not need the I-131)?

When you file concurrently the I-765 is free. You will have to pay a civil surgeon to do the medical (I-693), but that price varies...

The I-864, I-693 are just supplemental forms and have no fees for filing the forms themselves...they are just included along with the package as you will see in the guides...also there are a few G-325's required...just read the guides and instructions and it'll be clear.

Edited by jdh

July 2005 - met my awesome, hot, amazing love in Lousiana.
July 2006 - Married said love and moved to Canada.
June 2011 - Entered US to visit family, decided to stay.
Feb. 2012 - Sent paperwork to Chicago.

May 2012 - Received green card.

Day 0 - Package sent to Chicago Lockbox - 02/27/2012
Day 2 - UPS Tracking Confirmation - 02/29/2012
Day 4 - NOA Emails Received - 03/02/2012
Day 7 - All Checks Cashed - 03/05/2012
Day 11 - Hard Copy NOA's Received - 03/09/2012
Day 11 - Biometrics Appointment Received - 03/09/2012
--------- - Booked for - 04/03/2012 (day 36)
Day 35 - Early Biometricts Walk-in - 04/02/2012
Day 44 - Received Appointment Letter - 04/11/2012
Day 58 - EAD Approval Online - 04/25/2012
Day 63 - EAD in the mail - 04/30/2012
Day 65 - EAD in hand - 05/02/2012
Day 77 - AOS Interview - 05/14/2012
Day 77 - AOS Approved!
Day 84 - Green Card In Hand - 05/21/2012

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