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justmarried12

Filling for I485 with expired I94

By justmarried12 in Adjustment of Status from Work, Student, & Tourist Visas

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justmarried12 Rookie

justmarried12   1

Posted
Filed: AOS (apr) Country: Germany
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Posted

Hello everyone,

I am a German citizen and in the USA with an H1B visa. I just got married to a US citizen and now we want to file for I130 and I485. My H1B is about to expire, but we filed a petition for an extension which is still pending.

Can we go ahead and file I485 now or should we wait for the extension to be approved? If we file now, do we need to include additional documentation?

Thanks for your help!

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Darnell Grand Master

Darnell   8,478

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Filed: IR-1/CR-1 Visa Country: China
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i would file the adjustment of status set, not waiting on the H1B extension to be approved.

Good Luck !

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Dave&Judy Enthusiast

Dave&Judy   3

Posted
Filed: AOS (pnd) Country: India
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Posted

Hello everyone,

I am a German citizen and in the USA with an H1B visa. I just got married to a US citizen and now we want to file for I130 and I485. My H1B is about to expire, but we filed a petition for an extension which is still pending.

Can we go ahead and file I485 now or should we wait for the extension to be approved? If we file now, do we need to include additional documentation?

Thanks for your help!

When you're filing AOS based on marriage, it doesn't matter if your H1B is still valid or not(unless you want to include your income for the purpose of I-864).

So, go ahead with AOS process (its' so long anyway.... :) )

Get Fit > Learn > Work Harder >> Earn your Happiness !

May GOD bless All !

2007 - Entered, Start work in USA on H1B

2010 - Met my now wife :-)

2012 - Got married -> I Do !

July, 2012 - Preparing AOS package

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Hypnos Grand Master

Hypnos   6,576

Posted
Filed: Citizen (apr) Country: United Kingdom
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Posted

No, it is irrelevant to the process.

Widow/er AoS Guide | Have AoS questions? Read (some) answers here

 

AoS

Day 0 (4/23/12) Petitions mailed (I-360, I-485, I-765)
2 (4/25/12) Petitions delivered to Chicago Lockbox
11 (5/3/12) Received 3 paper NOAs
13 (5/5/12) Received biometrics appointment for 5/23
15 (5/7/12) Did an unpleasant walk-in biometrics in Fort Worth, TX
45 (6/7/12) Received email & text notification of an interview on 7/10
67 (6/29/12) EAD production ordered
77 (7/9/12) Received EAD
78 (7/10/12) Interview
100 (8/1/12) I-485 transferred to Vermont Service Centre
143 (9/13/12) Contacted DHS Ombudsman
268 (1/16/13) I-360, I-485 consolidated and transferred to Dallas
299 (2/16/13) Received second interview letter for 3/8
319 (3/8/13) Approved at interview
345 (4/3/13) I-360, I-485 formally approved; green card production ordered
353 (4/11/13) Received green card

 

Naturalisation

Day 0 (1/3/18) N-400 filed online

Day 6 (1/9/18) Walk-in biometrics in Fort Worth, TX

Day 341 (12/10/18) Interview was scheduled for 1/14/19

Day 376 (1/14/19) Interview

Day 385 (1/23/19) Denied

Day 400 (2/7/19) Denial revoked; N-400 approved; oath ceremony set for 2/14/19

Day 407 (2/14/19) Oath ceremony in Dallas, TX

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justmarried12 Rookie

justmarried12   1

Posted
Filed: AOS (apr) Country: Germany
 Timeline
  • Author
Posted

Yes, the H1B may not be relevant for the process but my visa and I94 expire on 9/16/2012. I am still in legal status as long as the H1B petition is pending. Should I not provide evidence showing that the petition was filed?

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Hypnos Grand Master

Hypnos   6,576

Posted
Filed: Citizen (apr) Country: United Kingdom
 Timeline
Posted

No, they will not care about your pending H1-B application and do not need a copy of it.

They may review your H1-B when they review your alien number file, so can see it whenever they want through their own records.

Widow/er AoS Guide | Have AoS questions? Read (some) answers here

 

AoS

Day 0 (4/23/12) Petitions mailed (I-360, I-485, I-765)
2 (4/25/12) Petitions delivered to Chicago Lockbox
11 (5/3/12) Received 3 paper NOAs
13 (5/5/12) Received biometrics appointment for 5/23
15 (5/7/12) Did an unpleasant walk-in biometrics in Fort Worth, TX
45 (6/7/12) Received email & text notification of an interview on 7/10
67 (6/29/12) EAD production ordered
77 (7/9/12) Received EAD
78 (7/10/12) Interview
100 (8/1/12) I-485 transferred to Vermont Service Centre
143 (9/13/12) Contacted DHS Ombudsman
268 (1/16/13) I-360, I-485 consolidated and transferred to Dallas
299 (2/16/13) Received second interview letter for 3/8
319 (3/8/13) Approved at interview
345 (4/3/13) I-360, I-485 formally approved; green card production ordered
353 (4/11/13) Received green card

 

Naturalisation

Day 0 (1/3/18) N-400 filed online

Day 6 (1/9/18) Walk-in biometrics in Fort Worth, TX

Day 341 (12/10/18) Interview was scheduled for 1/14/19

Day 376 (1/14/19) Interview

Day 385 (1/23/19) Denied

Day 400 (2/7/19) Denial revoked; N-400 approved; oath ceremony set for 2/14/19

Day 407 (2/14/19) Oath ceremony in Dallas, TX

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