Put New File or Update Old?

[vishu786]

Hi Guys,

I am currently on H1B visa. Married to GC holder and put file as Green Card holder's spouse in September 2002. Meanwhile my wife became citizen in Jun 2005. Today, 08/11/2005, I received I130 approval.

(In Jun 2005, when my wife became citizen my lawyer advised to put new file as Citizen's spouse, which i didnt' but i was in process to put that file.)

As I got I130 approval today which changed all options, so can you advise what i should do?

1. Can i apply for I485 right away as now i am citizen's spouse?
2. Should i put new file as Citizen's Husband and start from ABCD again?
3. Suppose i am able to put I485 file right away, how long you thing the whole process will take (in NY)?

Thanks A Lot in Advance,

Vishu786

 

[ari4u]

Hi Guys,

I am currently on H1B visa. Married to GC holder and put file as Green Card holder's spouse in September 2002. Meanwhile my wife became citizen in Jun 2005. Today, 08/11/2005, I received I130 approval.

(In Jun 2005, when my wife became citizen my lawyer advised to put new file as Citizen's spouse, which i didnt' but i was in process to put that file.)

As I got I130 approval today which changed all options, so can you advise what i should do?

1. Can i apply for I485 right away as now i am citizen's spouse?
Yes, you are eligible to file I-485 based on an approved I-130 and not because your spouse became a USC. I think your spouse has to call USCIS and update the I-130 petitioner info from GC holder to USC.

2. Should i put new file as Citizen's Husband and start from ABCD again?
Not needed as your I-130 is approved.

3. Suppose i am able to put I485 file right away, how long you thing the whole process will take (in NY)?
Depends on the processing time of your DO and the time it takes for your name check.

Thanks A Lot in Advance,

Vishu786

Since your I-130 is approved, you can go ahead and file your I-485, I-864/I-864A, I-693, (optional: I-765 and I-131)