csf

Hi,

Apologies if this has been covered in other posts (complete newbie here), but I am looking for some much needed help when it comes to filing for a green card.

My wife is a US citizen and I am currently here from the UK on a H1-B. We got married in the US 6 months ago.

I understand that we need to file the I-130 and I-485 forms. My first question is, can these be filed at the same time? or do I need to file the I-130 first?

Also, what is the 'K' route? Is this an alternative way to file for a green card?

My next question is, can I take new jobs whilst waiting for the forms to be filed, or do I need to file a separate form for this?

I guess what I am looking for is some sort of list which highlights how I should go about filing for a green card.
Again, apologies if this has been covered elsewhere.

Many thanks

-- Chris

Caro

You need to file an I-130/I-485 together at your local INS office if you file while you are in the States.

I-129F is a petition for a fiance(e) visa or a K3 visa that is filed at the service center while the foreign fiance(e)/spouse is outside of the U.S.

The "K" route (petition I-129F that yields K-1/2/3/4 visas) would not apply to your case as you are in the US already. Also, if the foreign SPOUSE is outside of the US, an I-130 will be filed first at a service center which is why some people are filing the I-130 alone at a service center.



What follows is an opinion, not something that I know for sure. The H1-B visa ties you to the employer who applied for your visa. I think that you can keep working on your H1-B while applying for AOS. If you stop working for your employer that provided you with an H1-B, I believe you loose your H1-B status, and hence have to wait for the EAD (Employment Authorization Document, related to your AOS application) to start a job with a new employer. To apply for your EAD, you need to file form I-765 along with your I-130/I-485.

Caroline

Rete

Also note that I-130 and I-485 and medical and Affidavit of Support I-864 are all to be filed together and at the local INS office (not at the service center).

The only people who are residing in the US and filing the I-130 and I-485 that must file at the Service Center are those filers that live in the jurisdiction of the Baltimore INS office.

Rete

Andy Platt

"csf" wrote in message
news:450350.1035219529@britishexpats-
.com...
    > Hi,
    > Apologies if this has been covered in other posts (complete newbie
    > here), but I am looking for some much needed help when it comes to
    > filing for a green card.
    > My wife is a US citizen and I am currently here from the UK on a H1-B.
    > We got married in the US 6 months ago.
    > I understand that we need to file the I-130 and I-485 forms. My first
    > question is, can these be filed at the same time? or do I need to file
    > the I-130 first?

It's your choice really. You could decide to just file the I-130 and then
return to your home country to get an immigrant visa when that's approved.
It has some minor advantages in terms of retaining your H-1B status but most
people would pick to file them at the same time at the local INS office and
adjust status. (Note you could file the I-130 and later the I-485 but that
would be silly).

    > Also, what is the 'K' route? Is this an alternative way to file for a
    > green card?

Ignore it - it's not for you.

    > My next question is, can I take new jobs whilst waiting for the forms to
    > be filed, or do I need to file a separate form for this?

I-765 is the form for employment authorization - to get an EAD. When you
"use" said authorization (by working for someone besides your H-1B sponsor)
you will no longer be in H-1B status. In practice if you want to travel
abroad the safest thing before you become a permanent resident the safest
thing is to obtain advance parole; when you enter on that you would not be
in H-1B status anyway and you would need the EAD anyway. So, for most
H-1Bers (and I was one myself) the standard practice is to file the I-130,
I-485 and I-765 concurrently, filing the I-131 (for advance parole) at the
same time if the local INS office permits it or soon after if they don't.

Here's a general site that might be useful:

http://www.geocities.-
com/immigration_helpsite/index.htm

Andy.

--
I'm not really here - it's just your warped imagination.