Question : Need Suggestion

K

kruz_patz

Registered Users (C)
Dear all members,

Please provide me your suggestions:

My wife will become citizen in March 2010. Should we wait till she becomes citizen and then file I-130? or Is it better to apply from now based on GC?

I know one big advantage is that after citizenship there's no wait period for spouses. But if anyone have deep knowledge and can provide better knowledge on what's the advantage and disadvantage to file I-130 after or before citizenship?

Thank you

KC
 
That's right, but is it better to file I-130 from now, or She should wait until she becomes a US Citizen?
 
kruz_patz said:
That's right, but is it better to file I-130 from now, or She should wait until she becomes a US Citizen?
Click to expand...
The problem if it is filed when she is still a green card holder is that it later has to be upgraded to reflect her citizenship, and that upgrade process can take a long time and may involve lots of hassle. So if she is close to citizenship (less than 2 years) it is generally better to wait until citizenship and then apply.

If you were inside the US it would be different. When she obtains citizenship, you would immediately be able to file the I-485, and once you file the I-485 with evidence of her citizenship they would be forced to apply the upgrade ASAP; they would have to check out her citizenship status in order to deny your I-485 or give you an I-485 receipt. Or even if they blindly gave you an I-485 receipt without verifying her citizenship status, within 6-12 months there would be the interview where they would be forced to recognize her citizenship. Either way, filing the I-485 forces the issue.
 
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