I-485 LPR vs USC

M

mvn910

New Member
Hi guys,
Got a time demand issue here. I am a F-1 visa student. I would save $2,200 for my tuition fee if I can get a receipt for my I-485 application before Jun 17. My wife got an interview for her naturalization in May 18. We still could not tell when is her Oath ceremony date now. Do you guys think it is a good idea if I file my I-485 when she still a LPR and support her Naturalization certificate later? Does it take much more time than the case that I file I-485 when she got her naturalization certificate? Any comment are all appreciated! Thanks!
 
Triple Citizen said:
You cannot file I-485 as the spouse of an LPR unless your priority date is current. Is that the case?
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The case is that if my spouse is still a LPR, it would take my I-485 take more time instead of the case my spouse is a USC. She is going to have an naturalization interview in May 15 but I need to get the receipt for my I-485 before June 17. I hope that there is a Oath ceremony right after her interview so I can file as a spouse of a USC and again, get the application receipt before June 17. So, is it a good idea if I file I-485 before she get her naturalization certificate ( so I am a spouse of a LPR on that application) and get the in-state tuition status. I am pretty sure that we can support her naturalization certificate to my application later.
 
Unless the I-130 was filed for you years ago and your priority date is current, you are not eligible to file I-485 when your spouse is still an LPR. Your I-485 will be rejected if you file it before she naturalizes. You probably won't get a receipt, you'll just get a rejection letter.

Why do you need to provide this by June 17? Are you doing summer school? If you're on F-1, you have the option to skip studies in the summer break, so you'll be able to wait until August or whatever the deadline is to register and pay for the fall semester.

However, the other problem is that whoever you talked to at the school may be misadvising you about when you can become eligible for the in-state tuition rate. As far as I know, states don't count time spent in F-1 status towards the one year requirement of state residence. So unless they have some rule allowing you to qualify immediately based on your wife already having enough time of residence, you would have to wait a year after filing the I-485 to qualify. Look up the detailed rules on your school's web site or in their catalog.
 
Thanks for your response,
It would not be a problem if I did not want to take school in summer. Just because I wanted to graduate as soon as possible.
My school has a rule that If you file I-485, you will immediately become a domestic student. To become a in-state student, you need to stay in this state of Texas in 1 year or you got married in 1 year plus your spouse has a full time job in 1 year before the day you become a domestic student. That what I got from my adviser at school, University of Houston at Clear Lake. This may be a special case but works so well for those get married to LPR and are waiting to file I-485 when the spouse become a USC.
I think I will wait until my spouse become a USC cause if I do not get a receipt from my I-485 application but the rejection, it means nothing but a waste of the application fee and makes my paper work more complicated. Thanks for you advise again!
 
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