Perm Resident married to overstayed wife - better wait for USC?

[anon101101]

For a Green Card holder (4 years) who just got married to a girl who overstayed on her 10 year visa (her I-94 expired almost 3 years ago), is it wiser to:

1) file for her asap - getting in the huge backlog asap
or
2) wait until he gets his citizenship (he should be able to apply in about a year) and only _then_ file for her (then no quotas, no backlog)

Any pros/cons for #1 vs #2?

Any advice on dos and don'ts in this situation? (should he include her when filing his taxes, given her status?)

Many thanks in advance!

Anon101101.

 

[kenmw]

Having been through the process myself, I would suggest you to go with the #2 option. You can go with option #1 if that give you the peace of mind (as we did). But looking back, #1 option provide us no benefit but cost more in postage and time in writing letters to update different offices. Also worry if all agents/offices know where our I-130 file is. As of now, we still don't know for sure. My wife is waiting for her AOS appointment letter currently. You can see my post for my wife AOS (see the last page of the fourm for the our updated AOS timeline), http://boards.immigrationportal.com/showthread.php?t=89831&page=12&pp=15; titled:I-130 is pending but now US citizen, what's next?

By the time you get your citizenship, the I130 petition queue for LPR spouse is still far from current. It is much simplier to file all I-130, I-485 and others at the same time to the same location to aviod delay in processing time.

Hang in there and be sure to file you N400 as soon as you are eligible. Good luck.

kenmw