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obtaining green card with h1b through marriage

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  • obtaining green card with h1b through marriage

    Hello everyone,

    So I'm going through this process with my wife, but I've been reading some conflicting info. Hope I could get some clarifications here.

    The situation:
    My wife (h1b holder and currently working) and I (US citizen) got married on Nov 2015. We're filing the paperwork soon. Her h1b is set to expire on Sep 2016, unless we extend it through her work. We do plan to take a trip to Canada around July 2016

    The paperwork:
    I have forms i130 and i485 filled out.
    Some sites say to also file i864 (affidavit of support), but some say not.
    I'm also reading some people also file the i765 (application for employment authorization). Some don't include it. And I'm not sure what's the purpose of this form.
    I'm also seeing some people file form i131 (application for travel), is this because they're looking to travel some time soon? If that's the case, should we also file that since we are planning the Canada trip.

    Thanks for any clarification,
    Jay

  • #2
    GC paperwork

    Hi Jay,

    Firstly congrats on your marriage. I have recently filed my GC paper work too in a similar fashion.
    You have to do a concurrent filing of the following documents:
    1. I 130 (Sponsoring spouse/family for GC) with I 865 (To show that financially you can support your spouse or you can include assets together too)
    2. I 485 (Adjustment of Status/GC petition)
    3. I 765 (Application for EAD based on the Green card not h1b)
    4. I 131 (Petition for travelling during your GC is in process also known as Advance Parole (AP) it has to be approved prior to travel)

    If applied concurrently you don't have to incur additional fees for filing these(I 765, I 131) later. Make sure the status of I 131 is approved prior to leaving to another country, can be messy while coming back. As her H1b is about to expire soon.

    I just got my EAD (I 765 approved) and I 131 (Advance Parole Approved) waiting for my GC interview.

    I am not an attorney, am just another GC applicant.

    Originally posted by GuyFromCA View Post
    Hello everyone,

    So I'm going through this process with my wife, but I've been reading some conflicting info. Hope I could get some clarifications here.

    The situation:
    My wife (h1b holder and currently working) and I (US citizen) got married on Nov 2015. We're filing the paperwork soon. Her h1b is set to expire on Sep 2016, unless we extend it through her work. We do plan to take a trip to Canada around July 2016

    The paperwork:
    I have forms i130 and i485 filled out.
    Some sites say to also file i864 (affidavit of support), but some say not.
    I'm also reading some people also file the i765 (application for employment authorization). Some don't include it. And I'm not sure what's the purpose of this form.
    I'm also seeing some people file form i131 (application for travel), is this because they're looking to travel some time soon? If that's the case, should we also file that since we are planning the Canada trip.

    Thanks for any clarification,
    Jay

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