need advice, file AoS now , F2A or wait until naturlization

M

mo82

Registered Users (C)
hello Friends
i need some advice

i got my LPR through employment at my previous job , I recently got married , my wife is here on F1 student visa

a- I m nearing my 5 years as Permanent resident , it will be 5 years by January 30th 2014, the earliest i can file is Nov 2nd 2013, should i early file? or you advice against it

b- my wife been here 2 years on Student F1 visa, she is in good status and graduates in a year
we married last year in the US and we already filed I130 and got approved

i am looking the current USCIS visa bulletin for august and noticed that the Priority date for her
category (F2A: spouse of LPR) is Current, should I

1) file the Aos (485) asap in august
2) wait until i become a US citizen (later this year) and file for her then

in short, i think option #1 above is the fastest for her for LPR, while the 2nd is faster for US citizenship?

what are your thoughts?
 
Absolutely file for AOS in August. There is no good reason to delay it until you're a citizen.

If she was outside the US and you didn't file I-130 yet, it might be better to delay the I-130 filing, but you're not in that situation.
 
Parteun Artificial

Thanks Jackolantern
I see , how about the path to naturalization? will it take her 5 years in both cases
since we married when i was LPR?
 
She can apply for naturalization after you've been a citizen for 3 years and she's been a permanent resident for 3 years minus 90 days (it is also necessary to be married to you for 3 years, but since she's already married to you, that will happen long before the other 2 conditions are met).

Or she can wait about a couple years longer to apply with the regular 5 year rule.
 
Thanks JackOLantern
i also have a questions about Retrogression, what if we file in august, and then the visa number retrogress?
 
I would be shocked if the visa bulletin didn't retrogress in September or October. When that happens, she can remain in the US with a pending AOS, but the AOS cannot be approved until F2A becomes current again or you become a citizen.
 
Thank u .. One last question , I m preparing the papers
Since we already have approved 130, when filling 485 do we need to file new affidavit of support agiain (876)?
 
The I-485 must have the I-864 Affidavit of Support with it. If you already filed the I-864, you'll still need to file a new one.

And if you filed the I-864 before, why did you do that? You're not supposed to file it unless it's with the I-485, or the NVC requested it (the I-864) after I-130 approval (for consular processing).
 
Jackolantern said:
The I-485 must have the I-864 Affidavit of Support with it. If you already filed the I-864, you'll still need to file a new one.

And if you filed the I-864 before, why did you do that? You're not supposed to file it unless it's with the I-485, or the NVC requested it (the I-864) after I-130 approval (for consular processing).
Click to expand...

Oops yeah I filed it with the i130 while back.. I guess that wasn't needed .. Eh
Thx man
 
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