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H1b visa marrying USC (what filing papers do i need)

H1b visa marrying USC (what filing papers do i need)

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Old Oct 9th 2006, 3:05 am
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Default H1b visa marrying USC (what filing papers do i need)

Hi, I am so confused!!!! i am marrying a US citizen, and live in the nyc. I have a h1b Visa, which i have exactly one year left on. I am planning to do consular filing, I just have no idea what papers i need!!! I know i don't need a K1 visa as I am already here. Can some one just write and tell me exactly what papers need to be filed, the only one i know i have to get is the avidadive of support form. Please help!
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Old Oct 9th 2006, 4:41 am
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Default Re: H1b visa marrying USC (what filing papers do i need)

Originally Posted by chanty
Hi, I am so confused!!!! i am marrying a US citizen, and live in the nyc. I have a h1b Visa, which i have exactly one year left on. I am planning to do consular filing, I just have no idea what papers i need!!! I know i don't need a K1 visa as I am already here. Can some one just write and tell me exactly what papers need to be filed, the only one i know i have to get is the avidadive of support form. Please help!
Hi chanty,

I'm not sure what you mean by wanting to do consular filing. Do you mean when your H1B is finished, you want to return to your home country, do the process there, and then return to the USA on an immigrant visa?

You don't have to do that. You can file paperwork here in the USA and adjust status while already here. For that, you basically need the I-130, I-485, and I-864. Go to www.uscis.gov, Forms & Fees, read about those forms and what else they require.

Best Wishes,
Rene
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Old Oct 9th 2006, 4:50 am
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Default Re: H1b visa marrying USC (what filing papers do i need)

Originally Posted by Noorah101
Hi chanty,

I'm not sure what you mean by wanting to do consular filing. Do you mean when your H1B is finished, you want to return to your home country, do the process there, and then return to the USA on an immigrant visa?

You don't have to do that. You can file paperwork here in the USA and adjust status while already here. For that, you basically need the I-130, I-485, and I-864. Go to www.uscis.gov, Forms & Fees, read about those forms and what else they require.

Best Wishes,
Rene
hi rene,

i read somewhere that if you do consular, its a lot quicker.... is this not the case
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Old Oct 9th 2006, 5:20 am
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Default Re: H1b visa marrying USC (what filing papers do i need)

Originally Posted by chanty
hi rene,

i read somewhere that if you do consular, its a lot quicker.... is this not the case
Quicker than what? You are already here in the USA, no need to leave it. You still have a year left on your H1B, during this year you can file the adjustment paperwork and receive your green card without leaving the USA.

Rene
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Old Oct 9th 2006, 6:09 am
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Default Re: H1b visa marrying USC (what filing papers do i need)

Basic guide here :

http://www.visajourney.com/forums/in...age=i130guide2
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Old Oct 9th 2006, 12:09 pm
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Default Re: H1b visa marrying USC (what filing papers do i need)

My husband got this whole package called "The Complete Do It Yourself Immigration Kit" thru the internet (www.usavisanow.com) prepared by some immigration lawyer. Its a complete kit on Immigration laws and Procedures, forms to be filled up, how to fill it up and as well as sample filled up forms. We did it because we don't want to miss anything when we filed the forms we need for the adjustment.

We tried to consult a LAWYER for the adjustment but it will cost us $1,500 just for helping us filling up the form. So we decided to just buy the package and do it ourselves. It was
$ 54.00 including the shipping cost. Be advised too that the forms are also available in the immigration site but I can say since I was the one who basically filled up all the application forms the kit helped me a lot and I think I did good since we were granted the GC.

Is your marriage occur inside the US? If its.. Then we have the same case.

Here are the forms we filled and filed:

I-130 Petition for Alien Relative
G-325 A - Biographic Data Form - US Citizen
G-325 A - Biographic Data Form - Alien Spouse
I-485- Application to Register Permanent Residence or Adjust Status
I-765 Application for EAD if you need to work
I-864 Affidavit of Support
I-131 Application for Travel Document If you need to travel while you're waiting for your Approval ( Please be advised also that if you're out of status this is not a good idea to use)
I-693 Medical Examinations of Aliens seeking adjustment to be filled up by the doctor accredited by the immigration office.
The Appropriate Supporting Documents:
2 color Photograph of the Petitioner
8 Color Photograph of the Alien
Copies of Birth Cert of Both you and your husband
Copies of Aliens passport and I-94
Copies of Birth Cert of Aliens or Petitioner's all children outside and inside
the marriage
Copy of Marriage registration from the Civil Authorities
Letter from Petitioner's Employer
Letter from the Petitioners Bank
Copies of Petitioners Federal Income Tax returns for the past 3 years
The Appropriate Payments
I - 130 : $ 190.00
I - 485 : $ 325.00
G 325 - No fee
I 765 - $ 180.00
I 131 - $ 170.00
I 864 - no fee
I 693 - No fee
Biometric Service Fee $ 70.00

Make Checks or Money orders payable to Department of Homeland Security

Staple Each check or money order to its respective USCIS Forms.

Mail the complete application to:

US Citizenship and Immigration Services
P.O. Box 805887
Chicago IL 60680-4120

or Non USPS deliveries

US Citizenship and Immigration Services
Attn: FBASI
427 S. La Salle - 3rd Floor
Chicago IL 60605-4098

I am not sure if there are some changes already on the fees and the forms since we filed last June 2006 but I am sure you can check it from the site: http://www.uscis.gov

I am not a lawyer this is just based on how we did our adjustment.

Good luck.

Nilda
 
Old Oct 9th 2006, 3:29 pm
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Default Re: H1b visa marrying USC (what filing papers do i need)

Originally Posted by Nilda
My husband got this whole package called "The Complete Do It Yourself Immigration Kit" thru the internet (www.usavisanow.com) prepared by some immigration lawyer.
You can also call up USCIS and they'll send you the complete package of forms for free. I paid an immigration attorney ~$75 to check I'd filled out everything right.
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Old Oct 9th 2006, 8:00 pm
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Default Re: H1b visa marrying USC (what filing papers do i need)

You probably don't want to do consular filing. If you are already here on an H1B and apply for a green card after getting married, you won't have to leave the country when your H1B is up, because you're allowed to stay while your application is pending. If you apply at the consulate and they don't approve your application before your H1B is up, you may be stuck out of the US until it's approved. I worked for a US immigration attorney, and we had several clients who were not allowed back inside the US for months while the consulate worked out various picky little problems. Even if it takes longer to process in the US, it's a safer option.

Also, make sure you send your application to the right office. As someone else mentioned, a lot of immigration attorneys will look over your application and make sure you've done everything right for a nominal fee.

Sarah
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Old Oct 10th 2006, 2:06 am
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Talking Re: H1b visa marrying USC (what filing papers do i need)

Originally Posted by AdobePinon
You can also call up USCIS and they'll send you the complete package of forms for free. I paid an immigration attorney ~$75 to check I'd filled out everything right.
hi ....THIS IS REALLy good advice!!! thank you so much, can you tell me what lawyer you used to look over your papers for the nomianal fee, because that sounds like a really good option.

Thanks

Chants
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Old Oct 10th 2006, 2:22 am
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Default Re: H1b visa marrying USC (what filing papers do i need)

Originally Posted by chanty
hi ....THIS IS REALLy good advice!!! thank you so much, can you tell me what lawyer you used to look over your papers for the nomianal fee, because that sounds like a really good option.

Thanks

Chants
Well, she's at the other end of the country and you really want a face to face. But I just walked into the international student office of the local university and asked them for a few names. It was a good place to ask because they do all the easy stuff in-house and send out the more difficult cases.

BTW, I was in the same position as you - H1B then married. If I recall correctly it only took me about three months to get all the way from sending in the forms to getting the temp green card stamp at the interview. YMMV. Make sure you book the medical early in case yours goes as quick - I had to scramble because I thought it would take longer, so I managed to get it completed the day before the interview.
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Old Oct 10th 2006, 2:26 am
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Default Re: H1b visa marrying USC (what filing papers do i need)

Get a local name from www.ailalawyer.com
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Old Oct 10th 2006, 2:57 am
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Default Re: H1b visa marrying USC (what filing papers do i need)

Originally Posted by AdobePinon
..........Make sure you book the medical early in case yours goes as quick - I had to scramble because I thought it would take longer, so I managed to get it completed the day before the interview.

I thought one has to send in the medical together with the I-485 and all the rest of the bumpf?

To the OP: order your vaccination now.
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Old Oct 10th 2006, 3:38 am
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Default Re: H1b visa marrying USC (what filing papers do i need)

Originally Posted by Elvira
I thought one has to send in the medical together with the I-485 and all the rest of the bumpf?

To the OP: order your vaccination now.
now, yes...but not in the past.
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Old Oct 10th 2006, 5:40 am
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Default Re: H1b visa marrying USC (what filing papers do i need)

Originally Posted by Elvira
I thought one has to send in the medical together with the I-485 and all the rest of the bumpf?

To the OP: order your vaccination now.
PS: I meant order your vaccination RECORDS now...
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Old Oct 10th 2006, 1:09 pm
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Default Re: H1b visa marrying USC (what filing papers do i need)

I sent in my Medical in sealed envelope together withh all my applications including vaccinations.

It took us almost 3 months to get the Conditional GC in the mail.

Good Luck .

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