Currently H1B and Married with US Citizen

[Raytx 0]

Hello Everyone, 

 

I am new to this forum and been learning whole alot of information so far. I am sure that my question has been asked before, but I could not really find an answer that would satisfy. 

 

I've married with my GF after 4 years and I currently have an H1B visa. We will be applying for green card soon, so far the law firms are quoting anywhere from 2k to 5k. Looking at the forms, I believe we can complete this process by ourself with out needing a lawyer, would you agree with that? (My case should be an easy one, no previous issues with visas etc.)

 

Also it appears that these are the form that we need to fill up: 

 

1. I-130
2. I-130A
3. I-864
4. I-485
5. I-765 (optional)
6. I-131 (optional)
7. G-1145 (optional) 

 

Since I already have a work permit, do i need to file I-765 form?  How does that really work, a bit confused on this one. 

 

I would greatly appreciate your answers and suggestions. 

[Coco8 1,042]

It is better that you file i-765 because (1) what would you do if you get fired? You won't be able to work (2) what if you want to change jobs? You'd need a new H1B, but with the work permit, you don't (3) green card takes a year or more so in the meantime, you have the EAD

 

You should also file i-131. Most people are doing that because if you have an emergency, it will allow you to leave the country. It is hard to foresee an emergency so it is good to have it. 

[Raytx 0]

Thank you for the advise. I actually missed that part. 

 

Also would you agree with our decision to file it on our own without a law firm? 

 

From the look of forms, whole process does not seem that difficult. 

[Ryan H 3,812]

Moved from What Visa Do I Need - Family Based Immigration forum to Adjustment of Status from Work, Student, & Tourist Visas forum.

[tato2017 41]

be careful about filing i-131 Advance Parole. If you obtained an Advance Parole and enter the country with I-131 it will void your HB1 completely.

https://www.kwvisalaw.com/2014/12/16/is-it-better-to-travel-on-my-h1b-visa-or-with-advance-parole/

 

Here is checklist for you.

Form I-130 Completed and signed form by Petitioner (U.S. Citizen).
Form I-130A Completed and signed by spouse beneficiary.
A personal check or Money Order amount of $535 made out to U.S. Department of Homeland Security.
https://www.uscis.gov/forms/our-fees

Two-passport style photo of U.S. Citizen with full name on the back and name on plastic bag.
Two-passport style photo of beneficiary with full name on the back and name on plastic bag.
Copy of U.S. Citizen`s Birth Certificate or Passport Biographical Page, or Naturalization Certificate.
Copy of U.S. Citizen`s Driver License or Passport Biographical Page.
Copy of Marriage Certificate.
Copy of Divorce Decree (If you are divorced previously).
Copy of beneficiary`s passport biographical page.
Copy of beneficiary`s most recent I-94.
https://i94.cbp.dhs.gov/I94/#/recent-search

Evidence Showing Bona Fide Marriage:
 ☐ Joint IRS Tax Return Transcripts (if you have it).

 ☐ Birth Certificate of your children (if you have any).

 ☐ Joint Lease or Mortgage showing joint tenancy (if you have it).

 ☐ Joint Bank Statements. (Checking, Saving, Credit Cards etc.).

 ☐ Joint Utility Bills (Or Utility Bills showing the same address for each spouse)

 ☐ Joint Cell Phone Bills.

 ☐ Joint Car title.

 ☐ Joint Car Insurance.

 ☐ Life insurance showing each other as beneficiary.

 ☐ Retirement accounts showing each other as beneficiary.

 ☐ Health, dental Insurance showing you are on one another plan.

 ☐ Photographs (Weddings, Trips, Family gatherings, Friends)

 ☐ Affidavits from your family, friends having personal knowledge of your bona fides marriage.

 Form I-485 Completed and Signed by Beneficiary (Alien Applicant).
A personal check or Money Order amount of $1225 made out to U.S. Department of Homeland Security. (Including biometric fee).
Copy of foreign birth certificate for beneficiary accompanied by full-certified translation.
Copy of beneficiary`s passport Biographical page.
Copy of beneficiary`s passport nonimmigrant visa page (if you have)

Copy of your H1B I-797 Approval Notice
Two-passport style photo of beneficiary with full name on the back and name on plastic bag.
Copy of beneficiary most recent I-94.
https://i94.cbp.dhs.gov/I94/#/recent-search

Copy of Marriage Certificate.
Copy of Divorce Decree (If you are divorced previously).
 Form I-693, Report of Medical Examination and Vaccination Record (sealed by civil surgeon)
“You do not need to send with your initial application but you need have it with you during the interview”
Form I-864, Affidavit of Support Under Section 213A of the INA:
 ☐ Petitioner copies of IRS federal income tax return transcripts for the last one year (Optional last 3 years).
 ☐ Copies of Petitioner`s W2`s or 1040`s forms.

 ☐ Copies of Petitioner`s pay stubs.
 ☐ A letter of employment verification for the petitioner.

 
Form I-765 Completed and Signed by Beneficiary.
Two-passport style photo of beneficiary with full name on the back and name on plastic bag.
Copy of beneficiary`s passport Biographical page.
Copy of beneficiary most recent I-94.
https://i94.cbp.dhs.gov/I94/#/recent-search

*No Filing Fee is required for I-765 since it is being submitted along with I-485.

 

----------------------------------------------------------------- Read the top if you are adjusting from  H1B------------------------------------------------
Form I-131 Completed and Signed by Beneficiary.
Copy of beneficiary`s passport Biographical page.
Copy of beneficiary most recent I-94.
Two-passport style photo of beneficiary with full name on the back and name on plastic bag.

 

 

[Coco8 1,042]

On 9/19/2017 at 2:19 PM, Raytx said:

 

Also would you agree with our decision to file it on our own without a law firm? 

 

Yes, everyone on VJ would tell you that it is a waste of money to pay a law firm. Besides, you end up doing most of the work anyway and sometimes lawyers mess up. If you have an H1B you should have enough skills to be able to figure out how to fill in the paperwork, etc. And use the forum to ask questions or search for answers.

Edited September 21, 2017 by Coco8