Filing I-130 with GC or USC ?

K

koiadmi

Registered Users (C)
Hello

I am on H-1B visa (post 6 years extension) here. My wife has GC, and she is about to become a citizen in 5-6 months (aprox, I hope). Her Finger printing is set next week.

We have been married for almost 2 years. I was hoping to become citizen based on my employment based immigration. But with PD as 02/2003, my case seems to be doomed with this INS retrogression (EB3, India).

If I go I-130 route, should I wait for my wife to become citizen, or should i file right away? What advantages/disadvantages would I have in either case?

I have the eternal fear of losing my job, and thus becoming out of status.

I will appreciate your response.

Thanks
 
To clarify you become a permanent resident through employment/family/etc not a citizen.

If your wife apply for you as a permanent resident, she just can apply for the I-130 (Alien Petition), then you must wait for a visa availability and your priority date to become current, that can take several years to apply for adjustment of status if you are within the US. During that time if you are inside the US you should mantain your own legal status.

If your wife apply for you as a US citizen, then you are consider an immediate relative of a USC and you can apply I-130 and I-485 (Adjustment of status) concurrently.

If you loose your job now, I don't know how are the rules for H-1B, but in any case let's say that you get out of status then even if your wife apply for you as a permanent resident the solely I-130 doesn't give you any status.
Good luck,
 
cherr1980 said:
If your wife apply for you as a permanent resident, she just can apply for the I-130 (Alien Petition), then you must wait for a visa availability and your priority date to become current, that can take several years to apply for adjustment of status if you are within the US. During that time if you are inside the US you should mantain your own legal status.

If your wife apply for you as a US citizen, then you are consider an immediate relative of a USC and you can apply I-130 and I-485 (Adjustment of status) concurrently.

Good luck,
Click to expand...


Thanks.

Some attoprney told me that my wife should apply for I-130 now as GC. After she becaomes citizen, she should apply for status-change. Does it sound good? Any advantage?


Second question, when will she be able to apply I-130 as USC? After interview or oath?

Thanks
 
1. She can apply now if you/she wants. After she becomes a US citizen she needs to upgrade the petition as a US citizen so your case start to move right away and you apply for adjustment of status. The only advantage is if there is a delay or mess up in her citizenship process, at least in that way you are already have a pending petition with her as a gc holder. To clarify she is not the one who apply for status change is you. You are the one who apply for adjustment of status once she gets her US citizenship approved.

2. When she gest her naturalization certificate. As part of the supportive documents she must attach a photocopy of the naturalization certificate if she is going to apply as a US citizen.

Good luck,
 
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