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Documents required for I485 for a derivative beneficiary

Chicago, IL |

My fiance and I are both on H1B visa. We are getting married soon, and he is filing I-485 employment based when the priority day becomes current, and I should be able to file the AOS as a derivative beneficiary.
Am I required to submit the same documents as the primary beneficiary? Would I submit the job offer letter etc. because I am on H1B although my employer is not sponsoring the green card?

Attorney Answers 5


  1. Do not just go off rumors. Although Avvo prohibits us from giving Legal Advice per the Terms of Use, you need Legal Advice.

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  2. You need to demonstrate that you are maintaining nonimmigrant status, that you are admissible to the US and that you are his wife. Please see

    Mr. Shusterman's (former INS Trial Attorney, 1976-82) response to your question is general in nature, as not all the facts are known to him. You should retain an attorney experienced in immigration law to review all the facts in your case in order to receive advice specific to your case. Mr. Shusterman's statement above does not create an attorney/client relationship.


  3. You need to read the form and instructions carefully. If you are still not clear what should be submitted schedule a consultation with an experienced immigration attorney.

    The information contained in this answer is provided for informational purposes only, and should not be construed as legal advice on any subject matter. No recipients of content from this answer, clients or otherwise, should act or refrain from acting on the basis of any content included in the answer without seeking the appropriate legal or other professional advice on the particular facts and circumstances at issue from a licensed attorney. Provision of information on this website does not create an attorney-client relationship between you and The Law Offices of Grinberg & Segal, P.L.L.C., nor is it intended to do so.


  4. You do not need to submit a job offer letter because you are going to apply as his derivative. You need to submit proof of your status, proof of your relationship to your spouse, medical exam, proof of bona fide marriage (if you had married recently USCIS will require you to show that your marriage is bona fide even though you are applying through employment), and all the documents listed on the application form. It will be best to consult an attorney to make sure that everything is properly documented. Also, maintain your H-1B status until you receive your permanent residence, if you can. Priority dates progress and retrogress, so if your adjustment is rejected for some reason, and the priority date retrogresses, you need to have a valid nonimmigrant status to avoid accruing unlawful presence.

    This answer provides general information and should not be considered legal advise giving rise to attorney-client relationship.


  5. You appear to be concerned about your lawful stay in the United States and wish to remain in the country legally. If that is in fact correct, delegate any of your issues to the counsel of record, as legally appropriate in this situation.

    DISCLAIMER The answer given above by the lawyer serves for educational purposes only and provides general information and basic understanding of the applicable law. Take notice that the answer above does not create an attorney-client relationship as this website is not intended to provide anyone a specific legal advice. Anyone using the site expressly consents that there is no attorney client privilege between any person and any attorney responding. Further take notice that the site should not be used as a crude substitute for any professionally competent legal advice by a licensed professional attorney in the applicable jurisdiction. The attorney above attempted to provide a competent professional opinion, however, the law and its applications change frequently and vary greatly from other U.S. jurisdictions and locales. Therefore, any information and opinions expressed are general in nature, and may not apply to specific, factual or legal circumstances related to one's present legal issues. Contact an experienced lawyer admitted to practice in that State under an attorney-client privilege to further receive comprehensive legal assistance before making an educated decision about your particular legal issue. Respectfully, Attorney Alexander Ivakhnenko, Chicago, Illinois

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