Please Help: Adjustment of Status for out of status spouse

[dpirek]

My wife and I got married 5 years ago, soon to learn that there was no visa category for her since I had a green card. I applied for her adjustment of status right after our wedding, and it looks like her number became current, and we have payed the first fee $70 in the adjustment process. I have also applied for my citizenship and now I have my fingerprints date next month. In the mean time my wife's next payment request came for the $400 (whatever step that is)

So my first question is: what happens, if she goes for her fingerprints (I suppose that would be the next step), before I am citizen? can she deported (she has been "out of status" for 4 years now), or what if her final interview comes first (before mine) can she get deported then?

Read around the net the answer to the first question is that she cannot adjust unless I am citizen. So now, what should be the strategy? Should I send the next payment ($400) in, and hope that if she gets invited for fingerprints too soon, I will have a chance to procrastinate then. I hear that it takes another 2 months after the fingerprints to get invited for the citizenship interview. Don't know however, what is the timing with my wife's green card, and at which step (fingerprints or interview) the would be checking about my citizenship.

I want to play save, but at the same time we want to go back to see our family as soon as possible...

Thank you,

Dave

 

[TheRealCanadian]

You mean you filed an I-130 when you got married? If she's out of status she cannot adjust status within the US unless you become a citizen.

 

[fromnaija]

What forms did you file for your wife? Reason I'm asking is that it appears she is being processed for consular processing which is different than adjustment of status.

 

[dpirek]

I filed I-130. That's what I heard, that she cannot adjust status if she is "out of status". So not what should I do? I should be citizen within 2 months, so should I go forth with processing her adjustment? Or is this going to be a new filing? I heard that you can also upgrade from second preference to first.

 

[PR81502]

You are confusing consular processing with I-485(adjustment of status which is done in the USA). You received documents from the National Visa Center for consular processing. It seems you paid for the Affidavit of support I-864 which is $70.00. If you pay the $400.00 for consular processing she will have to go back home to get the green card. She will be automatically banned for 10 years from returning to the USA b/c of being out of status for >1 year.
So please do not continue any further processing you are sent from NVC. Don't pay the $400.00, just wait until you become a USC in 2 months and then immediately file her I-485, I-864, I-693, G-325A and I-765 work permit. She can't do adjustment of status b/c you are not a citizen yet.

My wife and I got married 5 years ago, soon to learn that there was no visa category for her since I had a green card. I applied for her adjustment of status right after our wedding, and it looks like her number became current, and we have payed the first fee $70 in the adjustment process. I have also applied for my citizenship and now I have my fingerprints date next month. In the mean time my wife's next payment request came for the $400 (whatever step that is)

So my first question is: what happens, if she goes for her fingerprints (I suppose that would be the next step), before I am citizen? can she deported (she has been "out of status" for 4 years now), or what if her final interview comes first (before mine) can she get deported then?

Read around the net the answer to the first question is that she cannot adjust unless I am citizen. So now, what should be the strategy? Should I send the next payment ($400) in, and hope that if she gets invited for fingerprints too soon, I will have a chance to procrastinate then. I hear that it takes another 2 months after the fingerprints to get invited for the citizenship interview. Don't know however, what is the timing with my wife's green card, and at which step (fingerprints or interview) the would be checking about my citizenship.

I want to play save, but at the same time we want to go back to see our family as soon as possible...

Thank you,

Dave

 

[PR81502]

She is not doing adjustment of status right now but consular processing. Just let the NVC know she will be doing adjustment of status in the USA. Although it may not be necessary since they will not go forth with her case until you pay the $400.00. So just delay everything from now onwards until you become a citizen. Then she will have to file for the adjustment of status using the following forms: I-485, I-765, G-325A, I-864, I-693 along with a photocopy of your naturalization certificate, a copy of the I-797 for the approved I-130 and all the supporting documents with a check for $1010.

Please post your questions in this Forum http://forums.immigration.com/forum...ed-Green-Cards-Through-Marriage-or-a-Relative

And specifically look at this thread(sticky) http://forums.immigration.com/showthread.php?288201-How-to-Apply-for-a-Green-Card-Do-it-Yourself

I filed I-130. That's what I heard, that she cannot adjust status if she is "out of status". So not what should I do? I should be citizen within 2 months, so should I go forth with processing her adjustment? Or is this going to be a new filing? I heard that you can also upgrade from second preference to first.