I-130 Approved, PD Current but overstayed after OPT (F-1)

[sabsap]

I applied for petition for my husband 2 years ago, PD July , 2011 under F2A. I-130 is approved and PD is current. My husband was on OPT, after MBA, until the end of March 2013 after which he did not go for F-1 or other status again. It's been about 75 days after his last date of OPT. I have filed for my N-400 and the current status shows "IN LINE FOR INTERVIEW SCHEDULING". In this circumstances, will he be able to file I-485, or should we wait until I get my Citizenship ?

 

[Jackolantern]

He can't file an I-485 in F2A if he's out of status. So he'll have to wait until you become a citizen if he wants to file I-485 based on marriage to you, and hope that they don't initiate removal proceedings before he files the I-485.

He should go ahead and arrange the appointment ASAP for the I-693 medical, so the results will be in his hand before you become a citizen, thereby enabling him to file the I-485 as soon as you become a citizen. The medical can be done up to 12 months in advance, and it can be done before you become a citizen, so he can get it done right now (as soon as he finds a designated civil surgeon with available appointment dates).