filling for conditional green card (marriage) questions

[samw5]

I'm a foreign national with an H1-B visa and recently got married.

My wife and I are filling for me to obtain permanent residence. We're doing the process ourselves but we have a few questions regarding the forms.

1) do we need to file the I-765 for EAD... nothing mentions H1-B holder on the form and my visa is still perfectly valid (still employed).

2) same question for the I-131, do I need to file it (I'm not planning on travelling any time soon but in case of emergency)? should we rather wait for the I-797C to return then file for the I-131 in case needed?

3) on the I-864, under the household size the total household number comes to 3 for the 2 of us... is this correct?

4) should I also file the I-864A for myself. My wife is a nurse, so I believe that she will meet the financial requirements but would my income/assets provide additional support to help our case or is it simply not needed?


Thanks in advance for any help you guys can provide.

[samw5]

I'm a foreign national with an H1-B visa and recently got married.

My wife and I are filling for me to obtain permanent residence. We're doing the process ourselves but we have a few questions regarding the forms.

1) do we need to file the I-765 for EAD... nothing mentions H1-B holder on the form and my visa is still perfectly valid (still employed).

2) same question for the I-131, do I need to file it (I'm not planning on travelling any time soon but in case of emergency)? should we rather wait for the I-797C to return then file for the I-131 in case needed?

3) on the I-864, under the household size the total household number comes to 3 for the 2 of us... is this correct?

4) should I also file the I-864A for myself. My wife is a nurse, so I believe that she will meet the financial requirements but would my income/assets provide additional support to help our case or is it simply not needed?


Thanks in advance for any help you guys can provide.

[Sprint_girl07]

<BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by samw5:
I'm a foreign national with an H1-B visa and recently got married.

My wife and I are filling for me to obtain permanent residence. We're doing the process ourselves but we have a few questions regarding the forms.

1) do we need to file the I-765 for EAD... nothing mentions H1-B holder on the form and my visa is still perfectly valid (still employed).

2) same question for the I-131, do I need to file it (I'm not planning on travelling any time soon but in case of emergency)? should we rather wait for the I-797C to return then file for the I-131 in case needed?

3) on the I-864, under the household size the total household number comes to 3 for the 2 of us... is this correct?

4) should I also file the I-864A for myself. My wife is a nurse, so I believe that she will meet the financial requirements but would my income/assets provide additional support to help our case or is it simply not needed?


Thanks in advance for any help you guys can provide. </div></BLOCKQUOTE>

Hi Samw5 and welcome to ILW

1 No need to file for I-765
2.I would say yes get it in case of an emergency
3. No, if there are only 2 of you, then its 2 only.

4. I'll let someone else answer that question as I am not too familiar with it.

Hope that helps

[Hudson]

<BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by samw5:
I'm a foreign national with an H1-B visa and recently got married.

My wife and I are filling for me to obtain permanent residence. We're doing the process ourselves but we have a few questions regarding the forms.

1) do we need to file the I-765 for EAD... nothing mentions H1-B holder on the form and my visa is still perfectly valid (still employed).

2) same question for the I-131, do I need to file it (I'm not planning on travelling any time soon but in case of emergency)? should we rather wait for the I-797C to return then file for the I-131 in case needed?

3) on the I-864, under the household size the total household number comes to 3 for the 2 of us... is this correct?

4) should I also file the I-864A for myself. My wife is a nurse, so I believe that she will meet the financial requirements but would my income/assets provide additional support to help our case or is it simply not needed?


Thanks in advance for any help you guys can provide. </div></BLOCKQUOTE>
Hi samw5,
Congratulations on your marriage. As for the H-1b, when will it expire? If it does not expire within one year, I would say no. if it expires within one year, I would say yes. And most definitely if your H-1b expires within six months.

As for the advance parole, I would wait. If an emergency does come up, file it before you leave. Once approved, your wife can send it by Fedex, UPS, or DHL to your foreign address.

[samw5]

thanks for all the replies very useful!

[aneri]

If I remember well, person in H1B status may have both EAD and AP and still be H1B as long as those two documents haven't been used.

And they are included in the price of I-485 package, aren't they?

So, to make you a little bit more confused, I say:

1. file for EAD. You never know when it may come handy.

2. same for AP. This one you need to have approved and in hands before you leave!