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Ask Jen Marie, Esq. Your Own Question
Jen Marie, Esq.
Jen Marie, Esq., Immigration Attorney
Category: Immigration Law
Satisfied Customers: 4286
Experience:  She has worked on all types of U.S. Immigration cases since 2007.
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I need a questions answered regarding a change of status for

Customer Question

I need a questions answered regarding a change of status for my husband. Our I-130 application was approved last week. We did not realize that we had to file the I-485 prior to his visa expiring as well. What is the next step for us?
JA: What is your official status? Do you have any pending applications or petitions with USCIS?
Customer: I-130 approved. Need to file I-485.
JA: Have you talked to a lawyer yet?
Customer: No
JA: Anything else you want the lawyer to know before I connect you?
Customer: no
Submitted: 6 months ago.
Category: Immigration Law
Expert:  Jen Marie, Esq. replied 6 months ago.

Hello my name is ***** ***** I will be the immigration attorney assisting you today.

It is not a problem, you can just file the I-485 and the additional forms now. As soon as USCIS receives your I-485, your spouse will be considered to be in a temporary legal status while it is processing. So you should send in all of these forms immediately:

I-485, I-864, , I-765 (optional), I-131 (optional). Throughout the forms, remember you are the PETITIONER and your spouse is the BENEFICIARY. This will help in filling them out. You can find all forms here http://www.uscis.gov/forms

Read the I-864 carefully and make sure your income qualifies, if not you need a joint sponsor.

Together with the forms you will also send:

-Immigration medical exam for your spouse (find a doctor at https://egov.uscis.gov/crisgwi/go?action=offices.type&OfficeLocator.office_type=CIV)

-6 for your spouse (2 photos each for I-485, I-131, I-765)

-Checks or money orders $1070 made to DEPARTMENT OF HOMELAND SECURITY

- Copy of Marriage Certificate (if not previously sent)

-Copy of your US passport biographical page (if not previously sent)

-Copy of your spouse's passport biographical page (if not previously sent)

-Copy of your spouse's I-94 (if not previously sent)

-Copy of your spouse's birth certificate with certified translation if needed (if not previously sent)

- Copy of both person's divorce judgments or death certificates for previous marriages (if not previously sent)

-Documents proving that your marriage is bona fide such as: Joint lease agreement, joint bank accounts, joint income tax filing, joint credit cards, joint bills, joint car insurance, joint health insurance, drivers license - change address, many pictures from wedding and other events alone and with family.

AND - Your last tax returns and W-2

Last- attach a copy of your I-130 approval notice.

Make a copy of your whole packet for yourself. Mail the original to:

USCIS

PO Box 805887

Chicago, IL###-##-####/p>

This is the address if you want to do Express mailing:

USCIS

Attn: FBAS

131 South Dearborn - 3rd Floor

Chicago, IL###-##-####/p>

Once you file all these documents, you will receive a receipt notice in the mail for each of the applications in 2-3 weeks. After that in about 4 weeks your spouse will receive an appointment to have biometrics (fingerprints) taken at the local USCIS office. Your Spouse should then receive a work permit and travel permit in about 3-4 months, if you sent those applications in also. Your spouse should not travel outside the US until receiving this travel permit or the whole process will be considered abandoned. If spouse doesn't submit the I-131, travel permit, it's fine. Spouse can travel once they receive the green card. They can get a driver's license once they have the work permit.

Your spouse will later receive an interview notice to attend the USCIS/immigration interview in about 4-5 months and then you must both attend the interview.

As far as documents related to the marriage, send in whatever you have by mail at the time that you apply but don't worry if you don't have too much. You can take updated documents to the interview such as newer/more bank statements, updated joint bills, updated lease if it's a new one, updated tax return if you have filed a new one by the time of interview, and an album with many pictures from different times in relationship.

To the interview you will also take the originals of all certificates (marriage, birth, divorce) and passports.

If all goes well, spouse will be approved that day and will receive green card in about 2 weeks!

I know immigration issues/documents sometimes seem complicated and confusing. If at any time you would like to have a more detailed consultation by phone or if you need help with application preparation or review, I can send you an offer for this legal service to you for a reasonable fee later on. You don't have to decide if you would like that now, but just letting you know it's an affordable option for you to keep in mind.

Good luck to you during this process and I hope this answer has helped you!

If you are not satisfied with my answer or if I did not understand your question correctly, please ask me for clarification and I will be glad to clarify. Your satisfaction is my goal.

Please kindly remember to issue a POSITIVE RATING now before you leave this page by choosing from the ratings. This is very important since it is how I receive credit for my service from what you paid.

This question will NOT close after you rate me even though it says "To Finish..". So after rating me, feel free to ask me any follow up questions at no additional cost .

Any bonus you wish to provide will be very appreciated.

If you have other NEW questions in the future, you can make sure that I answer it for you if you start your new question post with the words "FOR JENNIFER " or write it in the Subject Line.

Expert:  Jen Marie, Esq. replied 6 months ago.

Hello again. I see that you were able to view my answer a few days ago but you did not ask any follow up questions or leave me any feedback. Is there anything else I can do to earn your positive rating.

Thank you in advance for your consideration of our hard work and time.

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