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Filing I-130 on behalg of my GC wife

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Filing I-130 on behalg of my GC wife

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Old Sep 21st 2005, 11:07 am
  #1  
Freesoul.Usa
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Default Filing I-130 on behalg of my GC wife

Hello,

I am on H-1b visa, and my labor certification is in the process,
sponsored by my employer. Since it is taking too long, and I am already
in the H-1B extention age, so I am thinking about taking a parallel
route to the GC.

I have been married to a GC holder wife for more than a year. She has
just applied for citizenship. I never applied for any immigration
status on her behalf. If I file I-130 on her behalf for me, I have some
questions:

1. Is this strategy any good?
2. Would it affect my labor certification in anyways?
3. What forms I need to file along with I-130?
4. Should I wait for my wife to be citizen, or just apply now? Would it
save any time?

Thanks
 
Old Sep 21st 2005, 11:21 am
  #2  
Freesoul.Usa
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Default Re: Filing I-130 on behalf of my GC wife

freesoul.usa wrote:
    > Hello,
    > I am on H-1b visa, and my labor certification is in the process,
    > sponsored by my employer. Since it is taking too long, and I am already
    > in the H-1B extention age, so I am thinking about taking a parallel
    > route to the GC.
    > I have been married to a GC holder wife for more than a year. She has
    > just applied for citizenship. I never applied for any immigration
    > status on her behalf. If I file I-130 on her behalf for me, I have some
    > questions:
    > 1. Is this strategy any good?
    > 2. Would it affect my labor certification in anyways?
    > 3. What forms I need to file along with I-130?
    > 4. Should I wait for my wife to be citizen, or just apply now? Would it
    > save any time?
    > Thanks


One more Important Question: Do I have to even hire a lawyer to file
this application? I looked at the application, and it seems pretty
easy. One lawyer asked for around 1200 USD.
 
Old Sep 22nd 2005, 8:42 am
  #3  
sobol1978
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Default Re: Filing I-130 on behalf of my GC wife

iF you can wait till your wife is USC and then apply this will speed up
your process. Then you can file I-130 and I-485 at the same time. When
is your H1B going to expire?
 
Old Sep 22nd 2005, 11:42 am
  #4  
Freesoul.Usa
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Default Re: Filing I-130 on behalf of my GC wife

I am on H-1b extention period. My LC is in the process.

So, there would be no benefit in applying I-130 now? no time gain?
 
Old Sep 22nd 2005, 3:52 pm
  #5  
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Default Re: Filing I-130 on behalf of my GC wife

Originally Posted by Freesoul.Usa
I am on H-1b extention period. My LC is in the process.

So, there would be no benefit in applying I-130 now? no time gain?
I believe you (well, she) can file now, in order to keep your status good. Once she becomes a citizen, she can re-file for you, and get a higher priority date.

She files the I-130, not you.

Rene
Noorah101 is online now  

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