I130 and I485 filing for my wife

S

superdave

New Member
Hi,

I am going to have my citizenship interview soon (mid-August). I am wondering if I can file I130 for my wife with my permanent resident status now, and then filed I485 for her once I becomes a citizen (around 2-3 months from now)? Or I have to wait until I become citizen and then file both I130 and I485 concurrently?

Thanks.

Superdave.
 
You can file i-130 now and upgrade it later. Or you can file everything after you get your citizenship. The only purose to file right now I see is to save a little bit of $$. Other than that I would file everything all together.
 
superdave said:
Hi,

I am going to have my citizenship interview soon (mid-August). I am wondering if I can file I130 for my wife with my permanent resident status now, and then filed I485 for her once I becomes a citizen (around 2-3 months from now)? Or I have to wait until I become citizen and then file both I130 and I485 concurrently?

Thanks.

Superdave.
Click to expand...

If you are this close to Citizenship I would do all together once you become citizen. If you file your wife Petition as Citizen then she can become Citizen after 3 years after getting green card but if you file petition as LDR the she has to wait 5 years after getting greencard.

So waiting few months might save you 2 years of your wife Citizenship.
 
wenlock said:
If you are this close to Citizenship I would do all together once you become citizen. If you file your wife Petition as Citizen then she can become Citizen after 3 years after getting green card but if you file petition as LDR the she has to wait 5 years after getting greencard.

So waiting few months might save you 2 years of your wife Citizenship.
Click to expand...

that is incorrect. Read the rules carefully. One has to have been an LPR for three years and have been married to a US citizen for three years in order to qualify. He will most likely become a USC before she gets her GC, and if they are still married three years after she gets her GC, she will still be able to apply for citizenship 2 years and 9 months after she becomes an LPR.
It doesn't matter who filed the petition. She may even win a DV lottery and she will still qualify for this, if she is an LPR and has been married to a USC for three years (and that USC has been a USC for three years).
 
Thanks for all the responses. Actually, I am thinking of filing the I130 now because I would like to speed up process for my wife to get a GC. She is on H1B now, and would like to change job soon without the hassle of transferring the H1B. I am hoping that my strategy would speed up the process. Am I correct?
 
No. It would not make a difference really. You will not get an approval anytime soon (for the I-130) or a receipt.

So you would be saving some money. But it would be better to send everything at the same time. :p
 
Filing I-130 will not speed things up, and she will be able to change employers only after she files for AOS and AOS EAD, and actually gets the AOS EAD in her hands.
 
You must log in or register to reply here.
Top