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I have two I485s, one for marriage, one for work (EB2). The marriage I485 was recently approved and I will receive my green card soon. If I keep the work I485 active and later it is approved (or denied), will that impact my green card from marriage? Thanks
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Hi Philips30,Originally posted by philips30 View Post
Congrats on both marriage and approved I485. I am currently in the same boat as you were before and I would like to get some advice from you. I am currently on H1B, which will expire in December 2016 and can't be extended with the current employer. I submitted my I-140/I-485 November last and they are still pending (sigh) and USCIS said that they will give me a response by Nov 19th (and I reckon that the application will receive RFE as most documents are probably greater than 1 year). I just got married to a US citizen (my boyfriend of two years) in October this year and we thinking to file I-130. My concerns are now:
1. According to your case, it does seem like that multiple 485s are allowed. Does I-130 affect I-140 as well as the I-485 application associated with each GC application?
2. Realistically I think we can send out the 130/485 package in early Nov and the approval process usually takes a few months. Since my H1B will expire in Dec, how can I maintain my legal stay in the US while 130/485 is pending after Dec?
3. My husband read through all instructions for I-130/485 and thought we only needed to submit my current visa (H1B) as part of required documents. I have been in US on various visas (F1, EAD, J1, and H1B) for a long time. To my knowledge, I think we need to submit a copy of all my visas with the application. Can anyone clarify for us?
4. if you don't mind, can you list the documents that you submitted for your I-130/485? I found that the list is different from website to website.
Many thanks ahead!
GoodNews2016 -
I am not a lawyer and my case is a little different so don't hold me responsible for my response here
1. multiple 485s are allowed, at least one for marriage and one for work. It worked for me. When you file your marriage I485 you are required to disclose your work I485 as well. When I went to the interview for my marriage I485 they asked some questions about my work I485. My marriage I485 was approved after the interview therefore I assume they didn't have any issues.
2. I don't know the answer to that. I think if you concurrently file I130, I485, I765, I131, your status will be current in US while the application is pending but you will need to research more on that
3. I submitted a copy of all previous visas, I-20s, EADs, and I797s. I don't remember if it is required for the application but it is required for the marriage interview (listed as a required item on the interview instructions) so you will need them in any case
4. Here is my list of documents (cover page) submitted, I am pretty sure I have overkilled it but I received no RFEs. Also I did not file I131 because I didn't need it, in your case you probably should file I131 as well.
Reference Document
A Form G-1145 - E-Notification of Application/Petition Acceptance
B Form I-130 - Petition for Alien Relative
C Form I-130 Payment ($420)
D Form I-485 - Application to Register Permanent Residence or Adjust Status
E Form I-485 and Biometric Payment ($1,070)
F Form I-765 - Application for Employment Authorization
G Form I-864 - Affidavit of Support
H Form G-325A - Biographic Information - petitioner
H Form G-325A - Biographic Information - Applicant
I Form I-693 - Report of Medical Examination, Original, Sealed
J 2 x Passport-Style Color Photo - Petitioner
J 4 x Passport-Style Color Photo - Applicant
K Petitioner - Copy of U.S. Passport Biographic Page
L Petitioner - Copy of U.S. Certification of Naturalization
M Applicant and Petitioner - Copy of Marriage Certificate
N Petitioner - Copy of Legal Termination of Prior Marriage
O Applicant and Petitioner - Copy of Joint Lease Agreement
P Applicant and Petitioner - Copy Joint Bank Account
Q Applicant – Copy of Most Recent I-94 and Travel History
R Applicant – Copy of Current Passport – Bio Page, All U.S. Visa and Entry Stamps
S Applicant – Copy of Expired Passport – Bio Page, All U.S. Visa and Entry Stamps
T Applicant – Copy of Birth Certificate
U Applicant – Copy of High School Diploma
V Applicant – Copy of Birth Record
W Applicant – Affidavit of Birth, Signed by Parents
X Applicant – Copy of Current and Previous Employment Authorization Cards
Y Applicant – Copy of Current and Previous I-797s
Z Applicant – Copy of Previous I-20s
AA Applicant – Copy of Previous Complete I-129 Package
BB Applicant – Copy of Most Recent Three Tax Returns
CC Applicant – Copy of Most Recent Three W-2s
DD Applicant – Copy of Most Recent 6-month Pay Stubs
EE Petitioner – Copy of Most Recent Tax Return
FF Petitioner – Copy of Most Recent W-2
GG Petitioner – Copy of Most Recent 6-month Pay Stubs
Originally posted by GoodNews2016 View PostLast edited by philips30; 10-27-2016, 04:08 PM.Comment
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