Change of Status from H1B to Green Card

[Ben10 2]

Hi everybody;

It’s a great pleasure to have such a forum online to help people file their immigration applications.

I really need you guys to help me file my application myself because Attorney’s fees are extremely high here in NY.

I want to apologize in advance if my question has already been asked, or if I am redundant.

I want to know if I can file the I-130 first and wait for it to be approved, then file the other part of the documents later (when my spouse becomes a USC)? She will be a USC very soon and we are planning to go to back home once she is USC for a family visit. So our plan is to not waist time and start one part of the application (the I-130 first) and then conclude with the other after she passes the Citizenship test.

If so how long do you think it usually takes for the I-130 only to be approved for applicant living in NY?

Thanks for your help.

PS: I currently have an H1B status and my spouse is currently a GC holder.

Edited February 4, 2014 by Ben10

[aussie_jason 195]

The process is more complicated when your spouse is a LPR, it is described in detail here - http://www.uscis.gov/sites/default/files/USCIS/Resources/B1en.pdf

I think you would be better off waiting until she is a USC and then filing all of the paperwork concurrently.

[Harpa Timsah 13,258]

Yeah, there is no benefit to filing a I-130 now if you just plan to file I-485 when she becomes a USC. A concurrent I-130/I-485 filing goes at the speed of the I-485.

[Ben10 2]

Thank you guys for your kind and quick answers.

I see that most people file a I-131 for Advance Parole while they have their application pending (If I am wrong with the appellation of the I-131, please correct me)

It would be a good idea for us too. When my spouse becomes a USC, we file the I-130, the I-485, and the I-131 at the same time.

So we can go back home and return to the USA without any problem. I am right?

It seems like we will need to have a Valid reason to file the I-131.

As I can see on the I-131 instruction page, it says:

3. Advance Parole Document for Individuals in the United States

a. If you are in the United States and seek an Advance Parole Document, you may apply if:

(1) You have a pending application to adjust status, Form I-485, and you seek to travel abroad for “urgent humanitarian reasons” or in furtherance of a “significant public benefit,” which may include a personal or family emergency or bona fide business reasons.

I hope I'll have a good reason other than the need to visit family members back home.

[aussie_jason 195]

If your H1B visa stamp in your passport is valid then you can travel on that while your AOS is pending so you have no need for AP, you can also renew your H1B if need be.

[Ben10 2]

If your H1B visa stamp in your passport is valid then you can travel on that while your AOS is pending so you have no need for AP, you can also renew your H1B if need be.

Actually I have The Status of H1B only. Not the visa in my passport. I changed my status from F1 to H1B long time ago. I will need to apply for a h1b visa if I go out of the USA. That's why I need to have the GC asap.

[aussie_jason 195]

It would be much faster and easier to get the H1B stamp at a foreign US consulate first, would have additional costs though of course.

[Ben10 2]

Hi guys I'm back again with a question related to having a sponsor.

As an H1B holder (temporary worker) I make more than the required income for sponsorship for my case.

Can I be MYSELF a joint sponsor (with my spouse), even if my spouse is not working?

Thanks a lot.

Edited February 5, 2014 by Ben10

[Harpa Timsah 13,258]

Hi guys I'm back again with a question related to having a sponsor.

As an H1B holder (temporary worker) I make more than the required income for sponsorship for my case.

Can I be MYSELF a joint sponsor (with my spouse), even if my spouse is not working?

Thanks a lot.

Yes. You are not a "joint sponsor" though, you can add your income to your spouse's affidavit, if you are the only immigrant. The particulars on this are in the I-864 instructions.

Edited February 5, 2014 by Harpa Timsah

[aussie_jason 195]

I believe you can be as long as you can demonstrate that you will retain the same position, I thought I was going to have to do that with my wife but it turns out the income requirements from the USCIS are much, much, much lower than I would have expected.

[Ben10 2]

Good then;

I think I will add my income to my wife's and we will be fine!!! Thinks should be ok this way!

In such case, we need only 1 (one) form I-864 and our last 3 joint tax returns (hopefully we have filled tax return jointly for the past years).Am I right?

[Harpa Timsah 13,258]

One I-864.

complete tax returns.

Proof of current income for you.

Proof that your employment will continue from the same source after you get the GC.

It's in the instructions.

[Ben10 2]

Ok, thanks then.