LPR AOS Issue

xuscbs

Registered Users (C)
Hello,

I am a LPR currently in the process of filing for citizenship (N400). My FP is scheduled for sometime next month. I am located in the mid west.

I have a wife who is a legal resident in the UK. We have been married for 3 years. We have a 2 year old who was born in the US. Its been tough (not to say expensive) being on opposite ends of the Atlantic. I try to visit every month and they also visit too. We are currently expecting another baby in a few weeks, and my wife is here in the US for the delivery. She is covered under the medical insurance provided by my employer. Her stay in the US expires in Mar 2011.

My issue is this.

I am in the process of filing for citizenship, as i mentioned earlier. Originally, i had hoped that since i started my N400 process in Sept this year, the process would have been completed before my wife's current stay in the US expires in Mar 2011. I could then file for an adjustment of status for her based on marriage to a US citizen, and she wouldn't have to go back to the UK.

But my job has recently transfered me to another state, and the move will result in a DO change. This i understand typically results in a 3-4 month delay. This could mean that my citizenship process will not be completed by March next year. And she will have to go back to the UK so that she does not overstay in the US.

My questions are:

1. Although, i will be relocating to another state/DO, i am maintaining my current home until Jan 31st 2011, when the lease expires. Is it a good idea not to change my address with USCIS on the N400 and hope that i am called for an interview before the end of Jan? Or change the address and bear the 3-4 month delay and my wife having to return to the UK (now with 2 kids).

2. Alternatively, can i go ahead and file for an adjustment of status for her now (based on marriage to a LPR), and then just upgrade the AOS application after i get my citizenship? I know that applications based on marriage to a US citizen are usually faster than those based on marriage to LPR.

I seeking opinions and advice on the best course of action. My ultimate objective is best course for my wife not having to return to the UK.

Thank you.
 
Alternatively, can i go ahead and file for an adjustment of status for her now (based on marriage to a LPR)
no, unless you filed her I-130 petition prior to June and it's now current.
 
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