GC holder petitioning for wife, please help

[gnr5]

Hi everyone,

I need help with this, going crazy talking to lawyers and hearing different things... So I rather ask people that have done this.

I'm a GC holder for more than 10 years, I applied for USC Feb of 2007, got my fingerprints done, should wait 4-5 months for my interview. I recently married by wife (after a 5 year relationship), she lost her status this past June 1st, we got married a weekend before that.

My questions are:

1. Should I petition her NOW (130 & 485)? or should I wait until I get my USC? I talked to an immigration officer and he said that if I petition for her now, after I get my USC they can bump up my priority.

2. If I should petition her now, should I file both 130 and 485?


I realized that she lost her status, but recommendation by different lawyers was for her to stay her and wait for my USC, had she left she would have been banned for re-entry.

Thanks.

[PraetorianXI]

1) The lawyer is right. But for now you can only file 1-130 and the supporting documents for it.

2) No, she can not adjust status (I-485) until her priority date becomes current.

If she lost her status June 1st, she can still leave and not be banned. Only people who overstay 180+ days get in trouble.

But I would say, have her stay and file I-130 for her. In the mean time, just wait and once your become USC, you can upgrade the petition and file I-485 and the supporting documents (include work permit if she wants to work)

[gnr5]

Thank you for your reply....

Any other opinions?

[gnr5]

Just called two different immigration agents (thru USCIS 800 number).

One said that I should just apply with the I-130, the second one said that it didn't really matter, that if I submit the 485, it will just sit on their desk until I get my USC.



Thanks.

[LucyMO]

they are not immigration agents, they are customer service clerks who know very little about immigration. Your I-485 will be rejected, since your wife is not eligible to apply for AOS.

[gnr5]

Ok, keeping in mind that I shuold (I hope) become a USC in the next 6 months (applied March and I already got my FP done) then the it is only better to wait for my USC and then apply for the AOS. It seems that it might be wise to wait altogether to apply, but I do need the receipt from the 130 so she can go ahead and get her driver license processed in the mean time.

Any other ideas? And thanks for everyone's help!

[LucyMO]

I doubt that I-130 notice of receipt will help her get a driver's license, but what the heck...I-485 notice of receipt may do the trick, though.

The only reason for you to file I-130 now is to save some money (since prices for AOS are going up on July 30). On the other hand, you don't want to raise a red flag since your wife is out of status now.

[gnr5]

According to the local DMV a 130 & Marriage license is enough to get the driver license. You mention I shouldn't raise any red flags, I agree with you, how do think I'd be raising red flags?

Thanks

[Anahit]

Originally Posted by gnr5

You mention I shouldn't raise any red flags, I agree with you, how do think I'd be raising red flags?

Thanks

Q22 on I-130 is asking for the location where she would be adjusting her status. By answering that question with the local office info you are letting the USCIS know that your wife wants to adjust her status here. And, it would be obvious from other answers that she is out of status.

[gnr5]

Yes, I'd be stating that she wants to adjust her status her. Hopefully within a reasonable amount of time I will become a USC. Once that happens she will be protected because she's married to a USC.

Anyhow, it seems that it might be good to wait for my citizenship before petitioning her, on the other hand, if I petition her now, her application will be bumped up later once I get my USC.

[Anahit]

Originally Posted by gnr5

Yes, I'd be stating that she wants to adjust her status her. Hopefully within a reasonable amount of time I will become a USC. Once that happens she will be protected because she's married to a USC.

That's right!

Anyhow, it seems that it might be good to wait for my citizenship before petitioning her, on the other hand, if I petition her now, her application will be bumped up later once I get my USC.

The only reason you would want to apply now is to save money, like Lucy said. There is no priority date for USCs applying for their spouses, so the original application date doesn't really matter once you provide them with your naturalization certificate and update your petition.

[gnr5]

That's great, thanks to both of you.

If in this case I'm saving money, will there be a negative effect if I submit BOTH applications (485 - 130) that why I save money?...

Thanks.

[Anahit]

Originally Posted by gnr5

That's great, thanks to both of you.

If in this case I'm saving money, will there be a negative effect if I submit BOTH applications (485 - 130) that why I save money?...

Thanks.

You can't submit I-485. She is not eligible to adjust her status, not until her priority date becomes current or you become a citizen!

[PraetorianXI]

If you submit the I-485, it will be sent back to you (REJECTED) because she is not elligible (yet) to adjust status.