garymurphy18

Hi There,

My wife (US Citizen) has just sent in our I-130 and I am currently in the U.S. on a H1-B Visa and preparing my I-485. Can I send my I-485 when I am ready or do I need to wait for a response about the I-130?

Any help would be great!

Noorah101

You were supposed to send the I-130 and the I-485, along with the I-765, I-131, I-864, and full medical exam results, all together in the same package.

The way you've done it now, you've started the process towards an Immigrant Visa. If you want to AOS, you must now wait for the I-130 to be approved (about 5 months), and then somehow catch the approved I-130 before it goes to NVC, and let NVC know you're NOT doing an Immigrant Visa.

Rene

garymurphy18

Thanks for the response! I have all my forms but didn't realise I had to send it together. I will try and get in contact with the USCIS tomorrow.

Thanks for your help.

jeffreyhy

You're going to call the 1-800 Misinformation Line?

Best wishes,
JEff

ian-mstm

Good luck - but you will get neither satisfaction nor an answer if you contact them. As far as they're concerned, you don't yet exist.

Ian

garymurphy18

Thanks for the best wishes!

I just called the USCIS and they said I can attach my I-797 notice of action with my I-485 and other forms.

I also found this online.

Two Step Process
You still have the option to file your I-485 application any time after your petitioner files a Form I-130, for you, as long as it has not been denied. Generally, you will need to submit a copy of Form I-797, Notice of Action, with your Form I-485, that shows the Form I-130 petition is either pending or approved.

Step One – Your U.S. citizen immediate relative must file the Form I-130 for you and it must be either pending or approved.
Step Two – After you receive Form I-797, Notice of Action, showing that the Form I-130 has either been received by us or approved, then you may file Form I-485. When you file your I-485 application package, you must include a copy of the Form I-130 receipt or approval notice (the Form I-797). For more information on filing for permanent residence, see our Adjustment of Status page.

Noorah101

OK, that's good news. You got the answer to your initial question...you can't send in the I-485 package just whenever...you need to wait for the Notice of Action from USCIS. This could take several weeks, but you'll get it in the mail eventually.

In the meantime, get your I-485 package together, including the results of your full medical exam, I-864, I-131, I-765. You can come back here and post what you've got in the package, just to make sure you're not missing anything...you're doing this an unusual way, and it could be easy to mess it up.

Rene

garymurphy18

I just got my I-797 in the mail!!

I am about to start getting everything ready for my I-485.

If I am on a H1-B visa currently will I need to get the temporary work I-765?

ian-mstm

Do you need to? No. Should you? Yes. Why? Two reasons: 1) there's no charge if it's submitted with an I-485 application; and 2) it allows you to leave your H-1B sponsor and find other employment if you decide you no longer want to work for them.

Ian

Noorah101

It's not a temporary work I-765. The form number is I-765, and it's for an Employment Authorization Document (EAD). It's a good idea to have the EAD in hand, just in case something happens with your H1B employer and you need to seek other employment...or if you just feel like changing employers. Since there's no fee for the EAD when filed with an AOS package, there's no reason not to apply for it.

Rene

garymurphy18

Thanks for the heads up Ian. I will plan to file the I-765 with the rest of my forms!

S Folinsky

For what it is worth, if you travel while the I-485 is pending, it is better to return on the H-1b visa if possible. Just saying.

"The trouble is all inside your head she said to me. The answer is easy if you take it logically. I'd like to help you in your struggle to be free." Paul Simon

garymurphy18

Hi Guys,

After a busy couple of months I am ready to file my I-485 and wanted to double check that I have everything before I send it and was hoping you could help!

1. I-485 form
2. G-325A Biographic form
3. I-765 Employment Auth
4. I-797 notice of action copy
5. Medical forms
6. 2 Photographs
7. I-864 affidavit of support w/tax form copy
8. Check for $1010

Anything else?

Thanks for your help!

Leyther

-Copy of the applicants birth certificate.
-Copy of applicant's passport page, including the visa.
-Copy of applicant's I-94
-4 passport photos (2 for the I-485 and 2 for the I-765)
-Proof of sponsor's US Citizenship (copy of US passport, BC or Certificate of Naturalization) for the I-864.
-W2's etc for the I-864.
-Check for $1,070, not $1,010

That is just off the top of my head, I suggest you read the instructions to each form to see what else you may be missing.

Noorah101

You mean the full medical exam results, from the USCIS approved civil surgeon, in a sealed envelope, right?

Make sure you read each application carefully to see how many photos are required for EACH application (hint...the I-485 and I-765 are separate applications, and both might require photos).

Plus proof of sponsor's USCship or PR status, plus proof of current income.

As Leyther said, double check the I-485 plus biometrics fee at www.uscis.gov.

How about Form I-131 for Advanced Parole, in case you quit working for your current H1B sponsor, and want to travel abroad while the AOS is pending?

Rene