I485 after I-130 approval

ionutsimon

Registered Users (C)
Hi Folks,
I need your help because I'm very confused. I'm now in the USA.
I am married with a permanent resident. She was filling for me a I-130 Form and is approved. The case was sent to NVC. At the same time my wife is pending for the oath for the Naturalization Ceremony. She will have oath maybe in 3 weeks. My question is: ones my wife become a US citizen may I fill the I-485 Form or I have to wait for visa or something like that?
The second question is: we are still pending for the oath date, but my I-94 expires on june 24,2010. If she doesn't oath before this date, what I have to do? To stay here waiting for his naturalization date or to leave and comeback after a time. At the same time, if I leave, with a I-130 approved, the Immigration Officer at the border they let me entry in the USA?
I don't know what to do.
Thank you so much...I.
 
At the same time my wife is pending for the oath for the Naturalization Ceremony. She will have oath maybe in 3 weeks. My question is: ones my wife become a US citizen may I fill the I-485 Form or I have to wait for visa or something like that?

If you are in the US you can file an I-485 immediately once your wife becomes a citizen. Enclose a copy of the I-130 approval notice and a copy of her natz certificate.

The second question is: we are still pending for the oath date, but my I-94 expires on june 24,2010. If she doesn't oath before this date, what I have to do? To stay here waiting for his naturalization date or to leave and comeback after a time. At the same time, if I leave, with a I-130 approved, the Immigration Officer at the border they let me entry in the USA?
I don't know what to do.

If you do not file before 6/24, then on that date you go out of status. There is no practical penalty to filing an I-485 as an Immediate Relative when out of status, so I can't think of a good reason for you to leave the US and many bad ones. Has your wife had her interview yet?
 
Hi RealCanadian,
Thank you so much. Yes, my wife had the interview on february 4,2010 and we are waiting for her oath but we din't receive the letter for the date yet. We don't know at the same time, if it take so many days for the oath after the interview. That is normal? So, ones she has her naturalization certificate I can fill the I-485 form immediately before my I-94 expiration date or I have to wait for something like a visa number? Thanks,I.
 
Hi RealCanadian,
Thank you so much. Yes, my wife had the interview on february 4,2010 and we are waiting for her oath but we din't receive the letter for the date yet. We don't know at the same time, if it take so many days for the oath after the interview. That is normal? So, ones she has her naturalization certificate I can fill the I-485 form immediately before my I-94 expiration date or I have to wait for something like a visa number? Thanks,I.
 
i got rejection notice to the I-485 because the check amount was wrong. should i resend the whole forms with the right amount or should i re file new forms with the copy of rejection notice or what? confused what to do. thanks.
 
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