GC Holder Sponsoring Spouse with Name change request as becoming citizen. Need your Help!

[razzak02]

My Wife currently is a Permanent Resident in USA. Has filed for her Citizenship (Sept 2013) Got finger print notice
last week (Oct 2013). While filing for her Citizenship, she had requested to change her middle name from her family name to my First Name.

I have few quick questions:

1) I am currently residing in USA (No Status) entered legally in USA (no worries there.) Since Wife is currently just a Permanent Resident, would she file for just i130 and i864 for me or would she also submit i485 (Adjustment of status) for me at the same time. I guess my question here is does she need to wait for i130 approval before filing for i485?

2) I read through the instructions on how to upgrade her status from permanent resident to Citizen while my application is either pending or approved and we will notify the Authority to upgrade her status once she becomes a citizen. Now my question is: Since she had requested for a name change while filing for Naturalization. On my application should i use her current name or the name that would appear on her citizenship application?
Example:
Her current name: Mary Bee Jane
Citizenship certificate (With name change) Mary Bond Jane

Which name should i use in all my documents?

Any documents i need to provide to Government so they know that her name was change and certificate is still for my spouse not someone else and no gimmicks or frauds here. I don't want government to feel i am cheating and they reject my case.

Any help is appreciated by experienced or professionals.

 

[Jackolantern]

1) I am currently residing in USA (No Status) entered legally in USA (no worries there.) Since Wife is currently just a Permanent Resident, would she file for just i130 and i864 for me or would she also submit i485 (Adjustment of status) for me at the same time. I guess my question here is does she need to wait for i130 approval before filing for i485?

I-130 approval doesn't determine when your I-485 can be filed. The priority date and visa bulletin movements for the F2A category would determine when the I-485 can be filed. Right now, the I-130 and I-485 cannot be filed together for the spouse of a permanent resident. But once the petition becomes current for F2A, the I-485 can be filed whether it's pending or approved.

2) I read through the instructions on how to upgrade her status from permanent resident to Citizen while my application is either pending or approved and we will notify the Authority to upgrade her status once she becomes a citizen. Now my question is: Since she had requested for a name change while filing for Naturalization. On my application should i use her current name or the name that would appear on her citizenship application?

On your I-485 application, write her new name if her name change was completed before you file the I-485.

 

[razzak02]

I-130 approval doesn't determine when your I-485 can be filed. The priority date and visa bulletin movements for the F2A category would determine when the I-485 can be filed. Right now, the I-130 and I-485 cannot be filed together for the spouse of a permanent resident. But once the petition becomes current for F2A, the I-485 can be filed whether it's pending or approved..

If I am not mistaken, I heard:
"In August 2013, FAMILY-SPONSORED PREFERENCES -> (F2A) Spouses and Children of Permanent Residents will be current. "

This was on news back in August, so now it should be okay for me to file i130 and i485 together?

 

[newacct]

Since you have no status, there's no point to filing as the spouse of a permanent resident. You should wait till she naturalizes to file as the spouse of a U.S. citizen. You would concurrently file.

 

[Jackolantern]

If I am not mistaken, I heard:
"In August 2013, FAMILY-SPONSORED PREFERENCES -> (F2A) Spouses and Children of Permanent Residents will be current. "

This was on news back in August, so now it should be okay for me to file i130 and i485 together?

F2A was all-current in August and September. But not anymore in October.

Because you're out of status, you can't file I-485 until your spouse is a US citizen, so F2A is not relevant to you anyway.