Adjustment of Status. Approved I-130

[kmulungi]

My spouse a current green card holder filled an I-30 petition for me which was approved March 2010. Our priority date just became current. I cannot adjust status because I'm currently out of status. She will become a citizen in a few months. When that happens do I get a green card on the same day she becomes a citizen? Will we still have to re-apply.

Thanks

 

[BigJoe5]

My spouse a current green card holder filled an I-30 petition for me which was approved March 2010. Our priority date just became current. I cannot adjust status because I'm currently out of status. She will become a citizen in a few months. When that happens do I get a green card on the same day she becomes a citizen? Will we still have to re-apply.

Thanks

You will not automatically get a greencard on the day she naturalizes. Check out the Visa Bulletin for January, there was a retrogression. The approval date is irrelevant, the priority date is the FILING DATE. If that date is current, you still could not file as an F2A spouse because you are out of status.

The Immediate Relative of a USC does not have a Priority Date like those in numerically limited categories. The approved I-130 is all that is needed for an IR to file an I-485, I-131, and I-765 as long as they made a lawful entry and are otherwise admissible as an immigrant. The overstay is forgiven for an IR of a USC. However, depending on the amount of unlawful presence that has built up, an I-131 would be useless and unwise to file. Unlawful presence of 180 days triggers the re-entry bar even for an IR of a USC if they depart the U.S. before obtaining a greencard. Immigration law is somewhat forgiving to an IR of a USC, but not that forgiving.

The fact of naturalization of an LPR petitioner is the basis for requesting an upgrade to the processing. In the situation you describe, once the spouse naturalizes, make a copy of the signed naturalization certificate and submit it with the I-130 approval notice along with the adjustment applications and supporting documentation. If YOU, the adjustment applicant, already have an A#, be sure to use it on the I-485, if not, one will be assigned upon filing. It is not good to have more than one A-file as that will just cause problems later on.

 

[kmulungi]

Thanks you for your detailed response. Much appreciated

 

[javis123]

Quick question: What I am trying to find out is, what additional forms should one file if the spouse of a USC is applying for a greencard and has overstayed the i-94 by 60 days?

 

[columbiaMD]

You will not automatically get a greencard on the day she naturalizes. Check out the Visa Bulletin for January, there was a retrogression. The approval date is irrelevant, the priority date is the FILING DATE. If that date is current, you still could not file as an F2A spouse because you are out of status.

The Immediate Relative of a USC does not have a Priority Date like those in numerically limited categories. The approved I-130 is all that is needed for an IR to file an I-485, I-131, and I-765 as long as they made a lawful entry and are otherwise admissible as an immigrant. The overstay is forgiven for an IR of a USC. However, depending on the amount of unlawful presence that has built up, an I-131 would be useless and unwise to file. Unlawful presence of 180 days triggers the re-entry bar even for an IR of a USC if they depart the U.S. before obtaining a greencard. Immigration law is somewhat forgiving to an IR of a USC, but not that forgiving.

The fact of naturalization of an LPR petitioner is the basis for requesting an upgrade to the processing. In the situation you describe, once the spouse naturalizes, make a copy of the signed naturalization certificate and submit it with the I-130 approval notice along with the adjustment applications and supporting documentation. If YOU, the adjustment applicant, already have an A#, be sure to use it on the I-485, if not, one will be assigned upon filing. It is not good to have more than one A-file as that will just cause problems later on.

My question is regarding the I-131 while in the U.S illegally. I got married and just received an approval for the I-131. I wanted to apply for my i-485 together with the I-131 but apparently i would risk triggering the 10 year ban if i travelled before the GC approval. I was wondering if anyone knows anything about filing a I-601 waiver. I read a little bit about it and was wondering if it's possible to file for it in order to travel before the GC approval. I have a family medical emergency and i really would like to travel this coming July. Any help would be appreciated.