Immigration Site

Im a green card holder and filed an I-130 for my wife in July 2009 (still pending). My wife is now in the US on H1B, from a desi consultant. She is working and has recent paystubs.

I see that F2A has advanced rapidly in the last couple of months, moving up to July 2008 in the latest (July) bulletin. I have a couple of questions, just incase it jumps forward another year in the near future.

1) The I-130 receipt notice that I got doesnt have a priority date listed. Do I use the "received date" to establish when I can file the remaining forms?

2) WHen I filed the I-130, my wife was still in India, so we indicated consular processing. Since she is now here on H1, would I just include a copy of the I-130 receipt and an explanation letter indicating that we want to do AOS instead?

3) I think that for AOS, they will want confirmation that she is in status. Would it be worthwhile to just proactively include copies of recent paystubs with the 485 packet? Is there anything else they may ask for in this regard?

4) When can she quit her job? Am I correct that once we get the I-485 receipt notice, she can quit, as her status is then pending AOS?

5)What other forms in addition to the I-485 do I need to file? e.g. Do i need to submit new G-325As etc?

thanks

1. Yes.
2. When the PD is current, just file the I-485 along with the I-130 receipt or I-130 approval notice, and theyll figure it out. But if you had selected AOS on the I-130, it would have been more complex if you wanted to switch to consular processing.
3. A copy of her unexpired I-94 and recent paystubs should do.
4. Yes.
5. See the "Do it yourself" sticky thread, particularly post 4: http://forums.immigration.com/showthread.php?288201

[QUOTE=Jackolantern;2200313]1. Yes.
2. When the PD is current, just file the I-485 along with the I-130 receipt or I-130 approval notice, and theyll figure it out. But if you had selected AOS on the I-130, it would have been more complex if you wanted to switch to consular processing.
3. A copy of her unexpired I-94 and recent paystubs should do.
4. Yes.
5. See the "Do it yourself" sticky thread, particularly post 4: QUOTE]

Thanks Jack.
There are a couple of possible complications which I also wanted to ask about.

1) When my wife first arrived in the US, her consultancy didnt have a project for her (usual story). So, she was on the bench without pay for ~4 months . Could this be a potential problem, or does one only need to be in status on the exact day of I-485 filing (she likely will still be on payroll at that time). Will this bench period even come to light?

2) Since she is working on H1B, she obviously has to be in the place of her project. So we are not currently living in the same place (though we were when she was on the bench). We regularly fly to meet each other, so have tickets, phone calls, common credit cards, car insurance, bank accounts, photographs at various vacation places etc. Will it still be a problem, or do you think they will understand this obvious reality?

1) Could be a problem if USCIS is aware of it, but it wont be a problem if the I-485 is filed when you are a citizen, or if she has left the US and reentered legally since that 4-month break. And you dont have to provide evidence of being in status for more than the recent 2-3 months unless USCIS specifically asks for it (which they rarely do if the I-94 has never expired). How far are you from being eligible for citizenship?

2) I presume the apartment in the place of her project is just temporary accommodation for work purposes, and your place is her long-term residence? And she is going to quit and live full time in your place upon filing the I-485, right? So just list your own address when she files the I-485, since that is where she will be throughout most of the I-485 process and after getting the green card. And have her credit card bills and cellphone bills arriving at your place in the mail. If they bring up in the interview that her H1B paperwork specified a different address, you can explain that the apartment was just for work purposes, and that she regularly stays in your place and keeps a lot of her stuff in your place* and has her bills going to your place.

*an anal interviewer might separate you and ask what is kept in your place, so make sure you both remember the answer!