Need advice: Shoud I file now or should I wait????

S

SlowJedi

Registered Users (C)
I'm a permanent resident in the US, I have my citizenship application pending in a limbo status (name check) with no end in sight.

Here is my question: My wife is a foreign national, she's now out of status after her student visa was denied. Should I apply for her Green Card now as a spouse of a permanent resident? OR should I continue to wait for my Citizenship to be finally approved? Is there any disadvantage of doing it now? I'm thinking about doing it so that she's back into legal status here.

If we apply now, does she need to leave the country or can she continue staying here? How long does the I485 approval takes for spouses of GC holders? If I get my citizenship BEFORE her I485 gets approved, will we have to re-submit a new application? HELP PLEASE!

THANK YOU THANK YOU THANK YOU THANK YOU
 
u could apply for I130 then upgrade it when u become citizen it takes upto 4 years before she can even apply for I485 aos that is what my understanding is, I would apply for I130 now until you become citizen u cannot apply for I485, I765, I131, and I485a since she is out status like u said u would have to pay $1000 fine.
Consult an attorney i would suggest.
Disclaimer:
You think I am a lawyer? I'm impressed! Thank you! ER...ERR...ERROR! You would be right, if I wouldn't have spent all my money on this visa process and went to law school instead. But, I am not a lawyer nor am I associated with any lawyer or law firm, all my posts are based on pure estimation and my own experience gained during my time waiting and snailing my way from one stage of this process to another... So DON'T PAY ATTENTION TO WHAT I WRITE around here - chances are I have no clue what I'm talking about!
 
Thanks for the reply. So, if I send in the I130, and let's dream for a second that it'll get approved in 6 months, and after that I become a citizen, will I have to file a new I130 with 485 based on my new status or not?

Thanks
 
No u dont have to file another one u could write them a letter asking them to upgrade your petition or u dont even have to do that just file all the aos papers with a copy of your citizenship and they will upgrade it for you, if you dont wanna take a chance then like i said before write them a letter to NVC make a copy of your approved petition and copy of citizenship explain your sitituation and they are pretty to quick to reply unlike USCIS. here is link for your info read the part where it says when you file your petition u were a lpr and now u r a citizen ? to your answer gooluck.

http://travel.state.gov/visa/immigrants/types/types_1309.html
 
since your wife is out of status, do not raise a red flag with USCIS. Wait to file the entire package when you become a citizen. Make sure she doesn't leave the States till she gets her GC. She did enter legally with a visa and an inspection, right?
 
LucyMO said:
She did enter legally with a visa and an inspection, right?
Click to expand...

Yes, Lucy, she came in on a B Visa, then tried to apply for F visa, INS sat on the application for 1.5 years, and eventually denied it by claiming that she's now out of status with her B visa. Dahhh....
 
it's great that she entered on a visa. She kept a copy of I-94, right? and her passport with a visa and stamps, right?

Just wait, don't file anything until you become a citizen. Less paperwork.
 
I130

sjiwani said:
No u dont have to file another one u could write them a letter asking them to upgrade your petition or u dont even have to do that just file all the aos papers with a copy of your citizenship and they will upgrade it for you, if you dont wanna take a chance then like i said before write them a letter to NVC make a copy of your approved petition and copy of citizenship explain your sitituation and they are pretty to quick to reply unlike USCIS. here is link for your info read the part where it says when you file your petition u were a lpr and now u r a citizen ? to your answer gooluck.

http://travel.state.gov/visa/immigrants/types/types_1309.html
Click to expand...
can u help me out plzzzzzzzzzzzzzzzzzzzzz,
i was a LPR when i filed i130 for my husband he lives outside the united states.i filed in june 2004 and received only NOA1 that was all.
now i am U.S. citizen want to upgrade my petition.i have sent a copy of my naturalization certificate to CIS AND NVC and call them too nvc said they can not do anything until we received ur file.
cis said we can not give u any time frame that how long will it takes to upgrade.
someone else told me it will take about 6 months to upgrade, do u have any idea?
 
i 130

sjiwani said:
No u dont have to file another one u could write them a letter asking them to upgrade your petition or u dont even have to do that just file all the aos papers with a copy of your citizenship and they will upgrade it for you, if you dont wanna take a chance then like i said before write them a letter to NVC make a copy of your approved petition and copy of citizenship explain your sitituation and they are pretty to quick to reply unlike USCIS. here is link for your info read the part where it says when you file your petition u were a lpr and now u r a citizen ? to your answer gooluck.

http://travel.state.gov/visa/immigrants/types/types_1309.html
Click to expand...
my petition has not been approved yet i have received only I 797C .says it will take about 150 days to 999 days to process this kind of case.my file is still in the cis i have called to nvc they said we can not say anything until we get ur file in nvc
 
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