Green Card Application For Military Spouse

S

shakesbeer

New Member
Hi everyone,

I am a military member and a green card holder—my Citizenship neutralization currently in process. I am expecting to get citizenship in 3-7 months.

On the other hand, my wife has a student status, and she is currently doing her opt, and her work authorization will expire at the end of February.
So there is a possibility before I get citizenship, she may lose her status in the USA. If so, we are planning to use her grace period and get I-20 from another school.

Also, we are living in CA. In this case,

1- Should I apply for a green card for her right now before I get citizenship, or waiting for citizenship is a better idea?

2- What do you think about the pros and cons of applying for a green card now?

3- Would starting to process now and when I get the citizenship submitting the correction about my status help fasten the process?

4- If I declare that I am a US Citizen after I start to process, will they consider my spouse's application as marriage with a green card holder or marriage with Us Citizen?

5- Extending or getting new work authorization is our priority before getting the green card. What do you recommend to get work authorization faster?
 
1, 2. I think the earlier the better. The earlier she files for AOS (along with EAD and AP), the earlier she can get an AOS-based EAD to work, etc. Also, once she files AOS, she doesn't need status to stay in the US, so she doesn't need to get an I-20 and maintain F1 status. Most schools will let her study with a pending I-485.
3. If she is in F2A category when the petition is filed, she will automatically move to Immediate Relative category when you become a citizen. Since F2A category is current, there should be no difference in speed.
4. Her category will definitely change as a matter of law when you become a citizen. However, USCIS won't know about the change until you tell them or they learn from later forms.
5. As above, the earlier she files, the earlier she will get work authorization
 
newacct said:
1, 2. I think the earlier the better. The earlier she files for AOS (along with EAD and AP), the earlier she can get an AOS-based EAD to work, etc. Also, once she files AOS, she doesn't need status to stay in the US, so she doesn't need to get an I-20 and maintain F1 status. Most schools will let her study with a pending I-485.
3. If she is in F2A category when the petition is filed, she will automatically move to Immediate Relative category when you become a citizen. Since F2A category is current, there should be no difference in speed.
4. Her category will definitely change as a matter of law when you become a citizen. However, USCIS won't know about the change until you tell them or they learn from later forms.
5. As above, the earlier she files, the earlier she will get work authorization
Click to expand...


First, thank you so much for such a detailed answer! I have 2 more question I hope you can answer.

1- We’re wondering what happens if she does not maintain her status until we file for I-485. Also, can she file I-485 immediately after I become citizen?

2- According to your experiences is there any statistics about to time range for getting approval for I-130?
 
If she goes out of status before filing I-485, she will need to wait until you become a citizen before she can file I-485.
 
newacct said:
If she goes out of status before filing I-485, she will need to wait until you become a citizen before she can file I-485.
Click to expand...
Hi, newacct thank you so much for your previous advice.
As I mentioned before, we have submitted the I-130 for my spouse in the F2A category, and it is pending since December 31st.
Last Friday, I received my naturalization certificate. And today, I called the USCIS phone number and updated them. I requested to change my application from LPR to Citizen. They gave me a reference number and said that I would hear back in 30 days.

We are planning to submit I-485 for my spouse as an immediate relative this week. I plan to add a copy of the naturalization certificate, Pending I-130 receipt notice, and the reference number they gave me into the case.

Would this make a conflict? Should I wait until I hear back from the USCIS about I-130, or is it ok to submit I-485 right now?

Thank you so much for your advice.
 
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