What is my application type on the I-485 form if I married a US citizen and I’m here on an H1B visa?
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What is my application type on the I-485 form if I married a US citizen and I’m here on an H1B visa?
Is my application an immigration petition giving me an immediately available immigrant visa number that has been approved as been said on the form Part 2 under answer a? I did not filed the I-130 form, I would like to file the 2 forms together.
Asked on February 28, 2012 under Immigration Law, Tennessee
Answers:
mercy sequeira / Law Offices of Mercy Sequeira
Answered 12 years ago | Contributor
You can file the I-130 and I-485 together if you are married to a U.S. Citizen. As an immediate relative of a U.S. citizen concurrent filing is the acceptable method. There is no backlog in this category and the waiting period is a couple of months before you get your interview and green card.
Attorney, Sunnyvale, CA
SB, Member, California / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
If you are married to a US citizen, then I-130 and I-485 can be filed concurrently and you will not have to leave the US to complete the process. You would answer that a visa number is immediately available to you since this would be an immediate relative petition and there is no backlog in priority dates.
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