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lato
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Posted on 08-17-13 9:51
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friends
can anybody enlighten me on filing I 130 for spouse. what are the forms need to be filled initially ( planning not to use attorny ). If the spouse is already in US and is on working visa can I just file I 130 and I 485 for adjustment of status?
Do I need to do form I 693 ( health check ) initially or can do later on?
somebody told me form G 28, DS 157 and G 325 also needs to be filled. I am all confused
help will be really appreciated
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menmyself
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Posted on 08-17-13 10:34
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Yes, you need to have I-693 form filled up. If you are planning to file I-485 with I-130. I would suggest you to go to usicis website and download the instruction pdf and the form itself. Those instructions will provide you all the information that you need and the forms that are needed to fill up.
Since, the PD is current. You can file I-130 and I-485 together.Please don't be lazy and read those forms and instructions. If there is confusion, people at sajha are here to help.
Best of luck.
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Jangali Maanab
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Posted on 08-17-13 10:42
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The forms you need are
1. I-130
2. I-485
3. I-1145
4. I-693
5. I-864
6. G-325A.
Read the instructions of each forms very carefully. Spend some time to explore immigration related forums. You may also post your issues there.
Good Luck!
- Jangali Maanab
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Jangali Maanab
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Posted on 08-17-13 11:13
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....And you may also file I-765 (work authorization) and I-131 ( for travel outside US while the case is pending) at no additional costs.
- Jangali Maanab
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lato
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Posted on 08-17-13 11:46
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Thank you guys
Jangali manab do I need to file I 765 if she is already working on H1 ? and somewhere I saw I need to file g 28 & DS 157 is that right?
Another thing if she has good income on her own do I need to file I 864 ?
Thanks a lot for your help
Lato
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Jangali Maanab
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Posted on 08-17-13 6:33
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Lato,
I have few questions:
1. Are you a US citizen? or a permanent resident?
2. Is your spouse in valid H1B visa?
3. Is your spouse currently in United States?
4. Do you want to file under family based category (I-130) i.e as a spouse of a US citizen or a permanent resident?
Regarding your concerns:
If your spouse is currently working in US in H1B and the H1B will still be valid for another 7/8 months, I don't see any reasons to file I-765. The other thing is: you can file I-765 any time while your case is pending ( if you need), at no additional cost. However, it might take 2-3 months to receive EAD card once you file I-765. If you file I-765 along with I-485, it doesn't hurt you. Your spouse can continue to work on H1B, do not use EAD until you need it.
I think G28 should be filed if you are using an attorney. I am not sure about DS157, I don't know where you saw it and why do you need it. May be some experts can comment regarding the forms G28 and DS157.
(IMPORTANT: I am NOT a lawyer. This is my personal opinion and should not be used as a legal advice)
- Jangali Maanab
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lato
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Posted on 08-18-13 7:23
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JM,
Yes i am a US citien / spouse is in H1 and is valid through 2014 / Spouse in US and yes I am filing under family based category. I think I will go ahead and submit I 130. I 485 and I 693 forms. Now I dont think I need to submit any other forms.
Thanks for your help
Even though you are not a lawyer , i can see you have very good grasp on immigration issues :) . Thanks a lot for your help
lato
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Jangali Maanab
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Posted on 08-18-13 9:08
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Lato,
I would like to make few comments:
1. Though your spouse has a good income, you still need to file I-864 as an initial evidence of I-485. You can mention her income in the form and also mention your income ( whatever it is). Failure to file I-864 may delay your application.
2. You also need G-325A. Form I-130 requires you to file G-325A for you and G-325A for your spouse. Form I-485 requires your wife to file G-325A. So, basically there should be THREE G-325A.
Treat each forms as a separate application and provide supporting documents for each.
Good Luck!
(IMPORTANT: I am NOT a lawyer. This is my personal opinion and should not be used as a legal advice)
- Jangali Maanab
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lato
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Posted on 08-18-13 10:07
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Thank you very much Jangali Manab ! I really appreciate your help will do the same . nd I think I can file I 693 with 130 so will do so too !!
Thanks a lot
Lato
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