Need help for filing GC for my spouse

Original Post

Hi Sajha Family Need some advise / experience sharing . I am a lawful permanent resident ( GC) married to my husband who had F1 converted to TPS ( work premit) . I want to file the I 130 for my husband . Questions Should I file I -130 and I 485 together ( one step ) file and Wait for I-130 to be approved and file I-485 ?? Also if TPS ends( worst case scenarion) will my husband be eligible to apply for work-permit/ /Travel if I-130 gets approved ?? Look for some feedback :) appreciate it Dhanyabad

kanchimayalu

Dec 23, 2017 1:51 PM · 22,972 views

5 Replies

alche Dec 23, 2017 3:38 PM

I dont have the answer to your third question but you should definitely file 130 and 485 together

sajhamitra Dec 23, 2017 3:45 PM

If you file 130 and 485 together then you have option to file EAD+Travel Document together. 
However since you are in GC(Not citizen) your 485 may not be current. In that case you have to wait for 485 to be current for EAD+Travel document to file. Approval of 130( which is taking forever after Trump administration) doesn't allow you to file EAD+Travel Document.

lekalikrishna Dec 23, 2017 4:26 PM

My advice to you is don't take any chance, make an info pass with your local  USCIS  office and ask your question follow the step what they will tell you to do.  Or hire a lawyer.

sailahari Dec 23, 2017 6:05 PM

i am not attorney neither this is a legal suggestion.

You cannot file both I130 and I485 together as you are Green Card holder. only US citizen can file all the document together.

If you are near to apply for citizen then apply for citizen (not clear in your question above). if you become US citizen after you applied for i130 then the case will expedite by uscis automatically. and your case will be done by 1 year (only pure guess)

1. File I130 first it will take a year or so to get approved.

Document required for i130 are:
Proof of legal marriage (Marriage Certificate and photos)
Green card of sponsor (photocopy of GC)
Bank statement for proof of address.
 
2 then you can file i485, I765, I131 together once 130 is approved. it will take another 2 years so we are talking around 3 year time span for the process but it changes and depend on the personal situation.

best of luck

kanchimayalu Jan 7, 2018 9:28 AM