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Family Green card - Query for filing I130/I485.

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  • Family Green card - Query for filing I130/I485.

    Hi All,

    I have some queries for the group but let me start with my details, I am currently on H1B visa and married to US citizen. I have valid visa until Dec 2020 and I have got a new job for which my H1B transfer is in progress. My wife has already given the notice as she would be leaving with me once my transfer is approved. below are my queries -

    1. Shall we file the I130/I485 with current address and make the change in address/my employer once I move. I know there is provision to change address thru AR11 but not sure if other details can be updated after fling.
    2. Since she is leaving her job, Shall we file with her current employment details?
    3. Is it fine to file once I move to new job and she is not working, How would she will be able to give the affidavit for support. Does people of H1B (earning decent) need it?

    Appreciate the guidance. Thanks!


  • #2
    1. You can, although it might cause the case to take longer if it needs to be transferred from one field office to another. Also, some correspondence might still go to the old address or get lost.
    2. I think so, but she will have to update it at the interview when they ask her whether she is still working at that job
    3. Yes, you need it if you are immigrating through family-based immigration. She would put her current individual income of 0, and list you as "Person 1" with your income, which adds into her current household income. If that income is sufficient, it should be good enough. You will need to show that you are working legally for your income to count.

    This is my personal opinion and is not to be construed as legal advice.

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