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i want to apply my husband for a green card. do i fill out the i-130 form and the i-485 form?
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i want to apply my husband for a green card. do i fill out the i-130 form and the i-485 form?

my husband is here on a work visa. he been in the usa for 9 years now do i need to fill out both i-130 form and the i-485 form for him to ? whats the difference between them.?

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George L
Biff's a bit off on this. The I-797 is a Notice of Action form that USCIS sends you. it isn't a form you file. But, yes, you do need to file both the I-130 immigrant petition and the I-485 adjustment of status form, and you should also file an I-765 work authorization form as well, and they should all be filed at the same time to make sure nothing goes astray. The I-130 petition allows you to sponsor your husband for immigrant status, or a green card. The I-485 allows him to adjust status and get a green card without leaving the US. in fact, he isn't allowed to leave the US once you've filed it, until it's been adjudicated. if he needs to go out temporarily, you'd need to file for Advance Parole, or he wouldn't be able to return without an immigrant visa.

Check out www.uscis.gov for more information and downloadable forms. be sure to read through the instructions for the I-485 in the forms section as there's lots of important information for you there.

edit: well, if you are a legal permanent resident, as noted you won't be able to file the I-485 until your petition is current or in other words until a visa is available. at teh moment, the cut off date for F2a petitions is 1 Jan 2008, or there's a 3 year wait. of course, if you become a citizen first, that would upgrade the petition to an IR-1 and you'd be able to file the I-485 immediately afterwards. as long as your husband remains in status on his work visa this doesn't present a problem, but he has to be in status in order to adjust on the F2a petition. once you become a citizen, it doesn't matter if he's still in status or not.

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