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Can I file in I-845 now since my husband files in the I-130 already?

Can I file in I-845 now since my husband files in the I-130 already?

Old Jan 16th 2002, 5:23 am
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My husband just file in I-130, and we have not received the receipt yet. Can I just go ahead and file in adjustment status now (I-845)? I am currently holding H1B which will expired in this May.

Also, when do I need to take the physical exams? Do I submit them together with I-845 or I should wait till the notice from INS (I heard from a friend who told me that she didn't file in physical exam together, she waited till INS told her the location and gave her the form)

Thank you very much for all the useful information.
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Old Jan 16th 2002, 1:40 pm
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what is an I-845?

If your husband is a USC, then the I-130 and the I-485 should have been filed together at the local INS office.

Your friend is not entirely correct. Most local INS offices require that the medical and affidavit of support be included with the application for I-485. There are only a few that don't and they are the ones that seem to be running years when it comes to scheduling those AOS interviews.

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Old Jan 16th 2002, 2:39 pm
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Thank you.

Sorry that was wrong form number, and yes it's I-485.

Yes my husband is USC. We did file in the I-130 already but not I-485. So I think I can file them in now once my medical exams are done. Am I correct?

Thank you for the information.
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Old Jan 16th 2002, 3:42 pm
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That is correct. You should have filed everything at one time. And I do hope that your husband filed the I-130 at the local INS level and not at the service center. It only goes to the service center if the foreign spouse is out of the country and since you are in the country, all the forms and applications should have been filed at ONE TIME and at the LOCAL INS OFFICE.

If you want to work you should include form I-765 for an employment authorization document and if you want to travel outside of the US and be allowed to re-enter the US without having your I-485 considered abandoned you will need to file form I-131. You will also need another Bio form G-325

Include your medical and ADIT photos with your forms/petitions.

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Old Jan 16th 2002, 4:28 pm
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Ranjnikanth Gedhada
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Hi , I am on H1B visa right now. I am a citizen of India. does anybody know what are
the options I have if I want to attend school to get a
MS/PhD on a parttime basis. Can I go to school part-time at all while on
H1B.

Thanks Raj
 
Old Jan 16th 2002, 5:38 pm
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No pbms here. u are free to enroll in any MS/Phd program. The school may or maynot
charge you non-resident tuition. Some schools expect u to be a permanent resident to
get resident fee tuition. Each school/state differs.

Ranjnikanth Gedhada wrote:

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Old Jan 17th 2002, 10:39 am
  #7  
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Ingo wrote:
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Ingo, FYI, some of the INS offices are accepting I-485's along with a copy of the
notice of action on I-130's filed by US citizens to the service center. Memphis did
this for one person that I know of. I think she can file I-485 as long as they
include copy of the notice of action on the I-130, or should at the very least check
with the local INS office to see if that is doable. If you read the instructions on
this page, note that it does not mandate filing the original I-130 at the time of the
I-485, but states you can include a copy of the I-130 petition that has been filed or
copy of the I-797 approval notice.
http://www.ins.usdoj.gov/graphics/fo...orms/i-485.htm If you read the K-3
instructions on the INS website from the federal register posting, it states plainly
that one can file prior to the approval of the I-130, so obviously this procedure is
acceptable in certain circumstances. I think the original poster should try filing
with a copy of the notice of action and see how far she gets. I'm willing to betcha
that INS will accept it this way. Alvena
-----------------------
Doc Steen Site: http://www.mindspring.com/~docsteen/...o/visainfo.htm
=========================================
I am not a lawyer and this is not immigration advice. This is my personal opinion,
posted for the purpose of discussion only. Locate an immigration attorney in your
area at: http://www.aila.org
=========================================
 

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