Filing I-485 for Spouse with my N-400

S

sapyns

Registered Users (C)
Hi,
I am planning to file for citizenship (N-400) at the end of April, 2013 based on 5 yrs of residency (minus 90 days). My husband is in F-1 status, we are married for 20 months now. I already filed I-130 for him in Dec, 2011 while we were in California. No decision was made for I-130 until September, 2012 when we moved to New York. We changed the address in USCIS after we moved and no decision has been made to our application so far. My questions are:
1. Can my husband file for adjustment of status (I-485) along with my application, N-400 at the end of April; decision for I-130 still pending?
2. If yes, can he also file for EAD (I-765) along with the application (meaning we will be filing N-400, I-485 and I-765 all together? Can we post in same envelope?
3. What will be the total application fees?
4. Should he maintain his F-1 status after we file all three forms?
5. If answer is NO to question 1, When can my husband file I- 485?
Thank you for your help.
- Sapyns
 
The priority date for the appropriate family category (2nd preference/F2 in your case) is not current for your petition, so your spouse's I-485 cannot be filed while you are still a permanent resident. You would have to complete the N-400 process and become a US citizen before your spouse can file I-485, I-765 etc. Merely filing the N-400 doesn't allow your spouse to file I-485.
 
Jackolantern said:
The priority date for the appropriate family category (2nd preference/F2 in your case) is not current for your petition, so your spouse's I-485 cannot be filed while you are still a permanent resident. You would have to complete the N-400 process and become a US citizen before your spouse can file I-485, I-765 etc. Merely filing the N-400 doesn't allow your spouse to file I-485.
Click to expand...

Thank you Jackolanthern for your reply. I wonder why I-130 application decision is taking so long. Will the processing time set to zero when we moved from one service center (California) to another (New York)?
 
They're in no rush, since the priority date is not current and you are not a citizen. There are advantages from a CPSA standpoint from them not adjudicating the I-130 quickly.
 
RFE for Marriage Certificates

After 21 months long wait, I (PR) received RFE for I-130 for my spouse. The RFE asks to send marriage certificate and its English translation (if applicable). I am sure I have already sent copies of both the certificates with the application. My questions:

1. Why does USCIS ask RFE for the documents already sent? (I was married out of US and have sent the copy of original marriage certificate in my native language and a copy of marriage certificate translated in English)
2. Are not those certificates enough? or should we register our marriage in the court here in US?
3. We do not have other marriage certificates except what we already sent to USCIS. Will USCIS accept those certificates if we sent again?
4. How to deal with this RFE?

We are confused with the RFE we received. Any suggestions/advice is highly appreciated.

With Thanks,
Sapyns
 
sapyns said:
After 21 months long wait, I (PR) received RFE for I-130 for my spouse. The RFE asks to send marriage certificate and its English translation (if applicable). I am sure I have already sent copies of both the certificates with the application. My questions:

1. Why does USCIS ask RFE for the documents already sent? (I was married out of US and have sent the copy of original marriage certificate in my native language and a copy of marriage certificate translated in English)
2. Are not those certificates enough? or should we register our marriage in the court here in US?
3. We do not have other marriage certificates except what we already sent to USCIS. Will USCIS accept those certificates if we sent again?
4. How to deal with this RFE?

We are confused with the RFE we received. Any suggestions/advice is highly appreciated.

With Thanks,
Sapyns
Click to expand...

I can think of two reasons they would send you a RFE for your marriage certificate:

1. USCIS deals with paper files and it could of been at some point the marriage certificate got misplaced in error from the rest of the file.

2. The English translation doesn't have a translator certification on it. For an example of a translation certification look at this pdf from the Immigration Court http://www.justice.gov/eoir/vll/OCIJPracManual/Practice_Manual_review.pdf#page=187
 
Hi Sapyns, I'm in a similar situation and I'm wondering what you ended up doing.

Here's my story in case anyone has any advise:
I'm getting ready to send my N-400 in August (90 days before the 5-year anniversary of my CG - Nov, 2013). I filed the I-130 for my wife whose visitor status expired well over 10 years ago. The I-130 was recently approved and just yesterday I received a letter from the NVC stating that her priority date is now current and that we should start to move on getting her visa... I think that would have to be done through "Consular Processing" but we much rather do "Adjustment of Status", to avoid having to leave the US. My question is, should I try to adjust her status at the same time as I apply to become a Citizen? or should I wait until I become a Citizen and then adjust her status?

Any comments are appreciated.
--saxo
 
Unless your wife qualifies for 245i benefits she is ineligible to file an I-485 until you become a citizen. I'd wait until you become a citizen then file the I-485.
 
saxo said:
Hi Sapyns, I'm in a similar situation and I'm wondering what you ended up doing.

Here's my story in case anyone has any advise:
I'm getting ready to send my N-400 in August (90 days before the 5-year anniversary of my CG - Nov, 2013). I filed the I-130 for my wife whose visitor status expired well over 10 years ago. The I-130 was recently approved and just yesterday I received a letter from the NVC stating that her priority date is now current and that we should start to move on getting her visa... I think that would have to be done through "Consular Processing" but we much rather do "Adjustment of Status", to avoid having to leave the US. My question is, should I try to adjust her status at the same time as I apply to become a Citizen? or should I wait until I become a Citizen and then adjust her status?

Any comments are appreciated.
--saxo
Click to expand...

Hi Saxo, as our priority date is not current, we will file AOS after I become citizen. Your case might be a bit different: as your priority date is current, I think you can file Adjustment of Status, before you become citizen.
( I am not a lawyer, I am a layman like you. Please get experts' advice on these types of legal issues)
-Sapyns
 
TheRealCanadian and Sapnys, thank you both for your responses. Sadly my wife doesn't qualify for the 245i benefit. I had also looked at the I-601 (Waiver of Grounds of Inadmissibility) to see if that would be helpful to us, but that seems unlikely.

I'll try to contact a couple of attorneys to get their opinions, but I think that being so close to a clear path for my wife through my naturalization, it's probably wiser to wait a little while longer.
 
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