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I am a US citizen and my spouse, who is in the U.S. on a work visa, are filing for his green card. What forms do we need?

San Jose, CA |

I was informed that because he is currently working in the U.S., we can file all the forms concurrently to USCIS, including: I-130, I-485, I-693, I-864, I-765, and I-131. Is that correct and is that all? Do we need G-325A as well? Why do we need I-131? In addition, I currently have no income (I am a graduate student), will that influence anything? Since I see that on Form I-864 Affidavit of Support I am suppose to list my income and employment.

Attorney Answers 5

  1. You need all the forms you list, as well as a G-325 for yourself and a G-325A for your foreign spouse. The I-131 "Advance Parole" is a travel document which will allow your spouse to travel in and out of the US while his application is pending. It is great insurance in case he will want to quit his job and renounce his work visa after filing for adjustment of status based on a marriage to a USC. It costs nothing to file and the fee for it, just like for the I-765 work permit, is included in the $1,070 he will need to pay for the I-485.
    Last, but not least, you are forgetting the form for the medical exam, which will also need to be included, in a sealed envelope by the USCIS certified "surgeon" at the conclusion of the medical exam.

    Behar Intl. Counsel 619.234.5962 Kindly be advised that the answer above is only general in nature cannot be construed as legal advice, given that not enough facts are known. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give you specific advice. Specific answers will require cognizance of all pertinent facts about your case. Any answers offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship.

  2. You both need a G-325. You do not fill out the medical form, it is filled out by a US Civil Surgeon and must be submitted in sealed, unopened envelope. yes your lack of income will influence the decision unless you have a joint sponsor - get a joint sponsor. You do not need n I-131 unless you plan to travel while the applications are pending.

    The answer provided here is general in nature and does not take into account other factors that may need to be reviewed for a more precise answer. You should consult with an immigration attorney before taking any action. The answer here is not intended to create an attorney-client relationship.

  3. You would be best served by hiring the services of an immigration attorney, who could prepare everything properly. It will likely save you time and money in the long run.

    (734) 369-3131. This communication does not establish and attorney-client relationship with the Law Office of Michael Carlin PLLC or any individual member of the office. Confidential information should not be sent through this form.

  4. You will need an I-864 for your co-sponsor.

    This answer is not to be construed as legal advice. For a free telephone consultation, contact us now at: (512) 215-5235 Austin, (214) 377-4822 Dallas, (713) 242-1783 Houston, (210) 957-8845 San Antonio Please dial extension 500

  5. Application for green card is not merely completing and filing forms with USCIS. The least you do is have your case reviewed by a lawyer who can guide you in the right direction. If you have no income, you may/ may not need co sponsorship depending on the income of your spouse.

    This response is general in nature and cannot be construed as legal advice, given that not enough facts are known. Any comments offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship. If you would like additional information based on this response, please contact my office at 510 657 7665 or 415 902 0832 to schedule a consultation.

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