H1B+Newly wed to GC+I-130 and other forms


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Posted

SITUATION

Me:in US on H1B (valid 2013); Wife: GC since Jan2011 (she got it only 4 months back through her uncle who is a USC). We got married in April 2011 and plan to file for my GC.

QUESTION

Can we file I-130, 864, 485, 765, G-325A and 693 at the same time or should I wait for PD to be current? If I should wait then what all forms (864, 485, 765, 325A and 693)can/should I file together with I-130?

Posted

You have to maintain your own status until you qualify for filing, i.e. the priority date becomes current. Follow the instructions on the USCIS website; if you cannot understand them, hire an attorney to assist. Check the visa bulletin monthly for current date; you may or may not be able to do so before your current H1B expires.

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