Ozzidoc

Oh. Thanks!

Ozzidoc

Thank you all. I have taken legal advise. Here 'tis:

All you need to do is get married BEFORE they APPROVE the I-485 (i.e. not before filing). Therefore, if you want to file in March, ozzidoc can still file her I-485 in April after she gets here on the H-4. Alternatively, you can both wait and file together in April. I would not wait longer then that because the visa availability may change. This means that if the immigrant visa numbers back up--neither of you can file the I-485 until they become current again. In short--the sooner you both file the I-485, the better.

meauxna

That makes sense to me!

Ozzidoc

Thanks to everyone.

I have my H4.

What happens if I only file I-485 (in March or April)? Can I submit the other forms later ie the I-765 for work authorization or I-131 for Advance Parole.

I understand that the AP can take several months to come through, and I don't have that time to be soley in the USA for that long.

Would this impact on the GC process? Or just my ability to work?

Alternatively, can I file the I-824 concurrently with the bloke's application? The I-485 intsructions refer me to the I-824, but the 824 instructions look like it doesn't apply - ie a circular argument

Thanks!

Rete

The fee for the I-485 now includes the I-765 and I-131. So submit the paperwork for all three at the same time. If you don't, then further down the lie you will have to pay for each petition individually, ultimately paying twice for one petition.

Ozzidoc

Thanks Rete. The issue actually isnt the cash.

I'm only going to be in the US for 6 days after we submit the I485. So I cant wait for permission to travel.

Rete

Nah I was speaking to the poster who appears not to know the current procedure, fee for I-485 and what it includes, i.e. I-485, I-131 and I-765 whether you want them or not.

Ozzidoc

OK.

My question is, can I submit only the I-485 and run, or does my running mean that the I-485 application is invalidated/thrown out?

I've a call into the lawyer via the bloke, but I was wondering what the BE advisors' views are.

Folinskyinla

Hi:

Leaving without advance parole in hand is abandonment of I-485 except for H-1b & L-1a.

Sally Redux

Where are you, you daft old biddy?

Ozzidoc

Thanks. On re-reading the I-485 instructions, it states that I can travel without parole, providing my H visa is still in date. (page 9)

Your departure from the United States (including brief visits to Canada or Mexico) constitutes an abandonment of your adjustment of status application, unless you are granted permission to depart and you are inspected upon your return to the United States. Such permission to travel is called ''advance
parole.'' To request advance parole, you must file Form I-131, Application for Travel Document, with the appropriate fee at the USCIS office where you applied for adjustment of status.

Travel outside the United States for adjustment of status applicants under sections 209 and 245 of the Act, and Registry applicants under section 249 of the Act.

If you are an H, L,V, or K3/K4 nonimmigrant who continues to maintain his or her status, you may travel on a valid H, L, V or K3/K4 visa without obtaining
advance parole.

Ozzidoc

Aha. Epiphany moment.

Right. So I apply for all three.

I still travel on my H4 (for as long as its valid).

I dont carry the AP with me. I dont use it at all, unless my H4 visa expires before I have my GC.

Correct?

(I'm also following this thread: http://britishexpats.com/forum/showthread.php?t=521091)

Rete

Give the girl the prize