Can I apply GC(I-130,485) for spouse while my N-400 is pending

[gs-citizen]

Can I apply GC for my spouse, at the same time I apply N-400 Or atleast after I receive the receipt number for my N-400 application. (In other words while it is pending)

I am eligible to apply soon (5 yrs - 90 days). We have been married for over 3 yrs.

Some lawyer's office mentioned I can apply for my spouse under citizenship preference category, stating pending N400 application..

Any advice is greatly appreciated.

thanks

 

[ari4u]

Can I apply GC for my spouse, at the same time I apply N-400 Or atleast after I receive the receipt number for my N-400 application. (In other words while it is pending)

I am eligible to apply soon (5 yrs - 90 days). We have been married for over 3 yrs.

Some lawyer's office mentioned I can apply for my spouse under citizenship preference category, stating pending N400 application..

Any advice is greatly appreciated.

thanks

Only the spouse (or other immediate relatives) of a USC can apply I-130 concurrently with I-485. Pending N-400 is not an immigration status and does not mean you can represent yourself as a USC. Since you are not a USC yet, you can only apply for I-130 for your spouse and once you get your citizenship, you can upgrade your I-130. OR, you can wait till you get your naturalization papers and file I-130 and I-485 simultaneously.

 

[gs-citizen]

Thanks for the info ari4u..

1. Which one is better.. Apply just I-130 now or wait for USC papers then apply both I130 and 485?

2. If I apply just I-130 now, which preference cat will the spouse fall in? (immediate relative of LPR? - if so wont I have to wait for immigrant visa number to be available even before I can apply?)

thanks again

 

[ari4u]

Thanks for the info ari4u..

1. Which one is better.. Apply just I-130 now or wait for USC papers then apply both I130 and 485?
Thats your call. Either ways are fine. If you think you would get your citizenship soon, then you may as well wait and apply for everything together.

2. If I apply just I-130 now, which preference cat will the spouse fall in? (immediate relative of LPR? - if so wont I have to wait for immigrant visa number to be available even before I can apply?)
Yes. You would be filing for the spouse of a LPR. You would have to wait for PD to be current and I-130 to be approved before your spouse can file I-485. Once you become a USC, you can upgrade your I-130 petition and a visa number would become immediately available to you.

thanks again