Difference in sponsoring a spouse for GC between a GC holder and a US citizen

[netfun7]

I'd like to know the approximate difference in times it takes to sponsor a spouse for green card if the sponsor is a US citizen or a green card holder themselves. After the I-130, the next step we'd be using would be I-485 for change of status since the spouse is already in the USA on an F-1 visa.

From what I understand, after the I-130 is approved for a green card holder, and the priority date becomes current (which as of now has a two and a half year backlog), the process for both is identical from that point onwards, i.e., it takes the same amount of time for the I-485 to get processed (assuming the I-485's are filed at the same time). Is that right?

And once the I-485 is filled, even if the F-1 status expires, the spouse is still legally allowed to remain in the country in either case, correct?

Thanks in advance!

 

[Triple Citizen]

The I-485 for a spouse of a GC holder can only be filed once the priority date is current. Processing time after that should be identical to an I-485 submitted by the sposue of a citizen.

From what I understand, after the I-130 is approved for a green card holder, and the priority date becomes current (which as of now has a two and a half year backlog), the process for both is identical from that point onwards, i.e., it takes the same amount of time for the I-485 to get processed (assuming the I-485's are filed at the same time). Is that right?

Correct

And once the I-485 is filled, even if the F-1 status expires, the spouse is still legally allowed to remain in the country in either case, correct?

 

[Jackolantern]

And once the I-485 is filled, even if the F-1 status expires, the spouse is still legally allowed to remain in the country in either case, correct?

Yes, unless the sponsor is a GC holder and the F-1 status ended before filing the I-485 (and they didn't switch to another status like H1B).

 

[netfun7]

Thank you both! You have been helpful. So I think the only issue the green card holder would face except for the time is the need to keep the spouse on valid status throughout the waiting period before the priority date becomes current.

As a followup, is there a processing timeline for the I-485? Or is it just variable? And I assume they don't discriminate between the I-485 filed by a citizen for their spouse and that filed by a green card holder for their spouse; that they are treated equally?

 

[TheRealCanadian]

So I think the only issue the green card holder would face except for the time is the need to keep the spouse on valid status throughout the waiting period before the priority date becomes current.

Yes. Do not underestimate this - an immediate relative has an unlimited amount of illegal presence/out of status time before I-485 filing; employment-based applicants have 180 days through 245k. Family-based have zero grace period.

And I assume they don't discriminate between the I-485 filed by a citizen for their spouse and that filed by a green card holder for their spouse; that they are treated equally?

They are treated about the same.

 

[netfun7]

Yes. Do not underestimate this - an immediate relative has an unlimited amount of illegal presence/out of status time before I-485 filing; employment-based applicants have 180 days through 245k. Family-based have zero grace period.

That is pretty strict. Thanks!

 

[Jackolantern]

How far is the GC holder away from citizenship eligibility? Upon becoming a citizen, the I-485 can be filed immediately even if the I-130 is still pending.

 

[netfun7]

How far is the GC holder away from citizenship eligibility? Upon becoming a citizen, the I-485 can be filed immediately even if the I-130 is still pending.

Oh, that's useful information! But the GC holder is still over 4 years away from naturalization eligibility.