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About newacct

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  1. Yes, you can file I-130 and I-485. They are in the Immediate Relative category and do not need to be in status to file I-485.
  2. newacct

    Vistor Visa extension and later CoS for Greencard

    She should not apply for a B2 extension of stay. B2 extension of stay requires a statement about her plans to leave the US, and it sounds like you guys don't plan for her to leave, so the statement would be a lie. If she waits until you become a citizen, she can apply for Adjustment of Status to get a green card. She does not have to be in status to do Adjustment of Status in her category.
  3. newacct

    Filing Chart

    No. You can only file I-485 during a month where the date on USCIS's AOS filing chart is past your priority date for your category.
  4. newacct

    Re entry back to USA with H1b stamping expiring in 2 weeks.

    Yes, you will be allowed in and you should bring a copy of the new H1b petition approval so you can be admitted until December 30, 2023.
  5. newacct

    I485 Adjustment pending travel to India

    Do you currently have H or L status?
  6. newacct

    COS while AOS is pending

    Shouldn't be a problem
  7. No. He has to wait until he is a US citizen and is 21 or older.
  8. newacct

    I-944 and I-864 forms with I-485

    I-140 is not revoked unless your employer revokes it or it is found that you were ineligible for the I-140
  9. There is no need to withdraw your I-485 or have RFEs. You can file I-485 now, and have it be pending. You will also continue to maintain H1b status and your spouse can come on H4 visa when she can come. Your I-485 can't be approved until a visa number is available for your category and priority date, at which point your spouse will be able to file I-485.
  10. You have to live in the US, unless you change to commuter green card status. If you are in commuter status, you can live in Canada and commute to the US to work, but the time in commuter status will not count for naturalization.
  11. Yes. Since you guys are in an employment-based category, INA 245(k) applies, which means she can do AOS despite being out of status if she has been out of status or working illegally for less than 180 days since her most recent admission.
  12. 1. Yes. (It would be a Certificate of Citizenship, not Certificate of Naturalization.) If you want a Certificate of Citizenship for him, that is what you have to do 2. Yes, there is an oath ceremony for getting the Certificate of Citizenship. No, a Certificate of Citizenship is not needed. His/her US passport is sufficient proof of US citizenship for essentially all purposes.
  13. Have the parents earned 40 quarters of Social Security credits? If so, then I-864 is not needed. Are the parents residing in the same residence as the child? If so, then their income can be counted as part of the child's household income on his I-864. Otherwise, the child will fill out an I-864 with insufficient income, and they will need to find a joint sponsor who has sufficient household income to fill out a second I-864.
  14. newacct

    I-944 and I-864 forms with I-485

    yes Yes, she needs to fill out an I-944. On her I-944, you will be part of her household (and on your I-944, vice versa), and your income and assets will be listed as part of her household income and assets on her I-944. Since both of you are in an employment-based category, neither of you need I-864. You would check the box in I-485 Part 8 #62d on both of your I-485s.