Starting the process questions

[carly+anton 1]

Hello! My husband and I just got married and need to file an adjustment of status for him. He is here on an H2A visa currently working on a farm. Initially we had planned to research and file the paperwork ourselves, and maybe use a lawyer just on a consultation basis to review everything before we sent it all off, however, we are having trouble finding an immigration lawyer that will do this...They want to do all or nothing and we were hoping to spend as little as possible on the process, but obviously don't want to risk making any mistakes. Is everyone here filing on their own? Do most people end up hiring a lawyer? Has anyone had lucky doing a combo of 'mostly on their own' but with some assistance from a lawyer?

 

I am a natural born citizen and based on my research so far, we know we need to file the i-485, which has to be physically filled out and sent it (I believe) and then not sure if we also need to do the i-130 as well or not. Looking online so far, it has been difficult sometimes for me to differentiate between paperwork required for a K1 vs just the adjustment of status since he already has a valid work visa. 

 

Thank you in advance for any advice others can offer us! We just want to go about this in the best way possible. I am usually fairly paperwork savvy, but I found this site and want to learn from others who are going through this. Thank you!!

[Ayrton 965]

1 hour ago, carly+anton said:

Hello! My husband and I just got married and need to file an adjustment of status for him. He is here on an H2A visa currently working on a farm. Initially we had planned to research and file the paperwork ourselves, and maybe use a lawyer just on a consultation basis to review everything before we sent it all off, however, we are having trouble finding an immigration lawyer that will do this...They want to do all or nothing and we were hoping to spend as little as possible on the process, but obviously don't want to risk making any mistakes. Is everyone here filing on their own? Do most people end up hiring a lawyer? Has anyone had lucky doing a combo of 'mostly on their own' but with some assistance from a lawyer?

 

I am a natural born citizen and based on my research so far, we know we need to file the i-485, which has to be physically filled out and sent it (I believe) and then not sure if we also need to do the i-130 as well or not. Looking online so far, it has been difficult sometimes for me to differentiate between paperwork required for a K1 vs just the adjustment of status since he already has a valid work visa. 

 

Thank you in advance for any advice others can offer us! We just want to go about this in the best way possible. I am usually fairly paperwork savvy, but I found this site and want to learn from others who are going through this. Thank you!!

The forum is DIY, so 99% of the people here don't use lawyers.

 

K1 is a visa. He would have to leave the country for the interview. Which I wouldn't recommend since he's already in the country. File I-130 and and I-485.

[HRQX 4,145]

3 hours ago, carly+anton said:

adjustment of status since he already has a valid work visa.

In general, send the following four packets (*I-765 and I-131 packets are optional but free) in the same envelope to the Chicago Lockbox:

• I-130 with I-130A and copy of marriage certificate, filing fees, etc.;
• I-485 with I-864 and supporting documents, I-944 and supporting documents, electronic I-94 copy, filing fees, etc.;
• I-765 with electronic I-94 copy, etc.; and
• I-131 with electronic I-94 copy, etc.

You'll separate each packet with rubber bands or fasteners: https://www.uscis.gov/forms/forms-information/form-filing-tips

On the I-130 packet, I-130 payment method (check, money order, or Form G-1450) must be the very first item of this packet.

On the I-485 packet, I-485 payment method (check, money order, or Form G-1450) must be the very first item of this packet.

1 hour ago, Ayrton said:

K1 is a visa.

And they already married recently so they aren't eligible for K-1.

[carly+anton 1]

Quote

 

Thanks for the replies! Yes, I meant to say I know we don't need to apply for a K1 since he already has a valid visa, I just meant that some of the adjustment of status paperwork says you need it if you had a K1 visa and so there is some stuff where I wasn't sure if we needed it with him having the H2A visa. I will look at the information Ayrton provided! I believe the I-130 can be submitted online...is there any advantage to doing it that way? Once the paperwork is submitted, how do we follow up on the status of everything? I know there is a biometric appointment, do we get something in the mail for that? All of the help is super appreciated!

[Zaraliaya 122]

You can submit the I-130 online, but there's really no advantage to it. I personally just submitted it all together.

 

When you submit your paper work, you also fill out a G-1145 for each form, and when they process it, you will get a text at the number provided on that form, of the case number you can use to track your case/each form you submitted. And eventually a paper version of each by mail.

 

You will then get an appointment letter for your biometrics. And then after that you just wait for work permit/travel permit, and then eventually your Greencard, (time varies depending on the location).

Edited November 10, 2020 by Zaraliaya

[HRQX 4,145]

3 hours ago, carly+anton said:

I believe the I-130 can be submitted online...is there any advantage to doing it that way?

No advantage. Sending it all together like I mentioned in paper is called concurrent filing.

3 hours ago, carly+anton said:

Once the paperwork is submitted, how do we follow up on the status of everything?

As Zaraliaya mentioned above, you can include G-1145 to get text messages that include the receipt numbers for the 4 packets. You will also receive paper receipt notices in the mail.

3 hours ago, carly+anton said:

I know there is a biometric appointment, do we get something in the mail for that?

That comes later, after you receive the paper receipt notices. It's a separate notice titled "ASC Appointment Notice"

[carly+anton 1]

This is so helpful! Thank you all so much!

 

2 more questions - If he is estranged from his mother, are we able to leave most of the parent information blank? We do have all of his father's information filled in. Also, if his work visa expires before his green card is granted, my understanding was that as long as his application is pending, he can overstay the visa since he will be in the process of change of status, however, can he seek work? Does the work permit come before the official green card? Or will he need to stop working at the point that his visa expires and await his green card?

[HRQX 4,145]

41 minutes ago, carly+anton said:

If he is estranged from his mother, are we able to leave most of the parent information blank?

He can put "Unknown" for her current city/country of residence and quickly explain it in the Additional Information part towards the end of the form. Info like her DOB, maiden name, etc. might be on his birth certificate.

46 minutes ago, carly+anton said:

Or will he need to stop working at the point that his visa expires and await his green card?

After the work visa expires he'll need to wait for either the EAD or the Green Card. He just needs 1 of those 2 documents to work legally. For example, if he's very lucky and I-485 is approved abnormally fast before I-765 is adjudicated, then USCIS won't adjudicate I-765.