Wait till spouse get USC or file now and change later?

J

jasmine7103

Registered Users (C)
My husband's N400 is in process (naturalization). It will take around 5 months till he becomes USC if everything goes smoothly. In some discussions online, I read that it is better that he petition my GC as a GC holder, then notify INS once he becomes USC. That way I'd get to keep an older priority date. Two lawyers I spoke to said not to do it. I also read that changing his status from GC to USC is a simple procedure and shouldn't delay the process. What is your opinion on this? Any similar experience?

Thanks,
J
 
I agree

Yes I agree with GotPR,

I have put my spoues's file since 4 years on GC, pretty soon I will become USC and I will transfer his petition. I hope it would not take long time..! If anyone had experiance please advice..!!
 
jasmine7103 said:
My husband's N400 is in process (naturalization). It will take around 5 months till he becomes USC if everything goes smoothly. In some discussions online, I read that it is better that he petition my GC as a GC holder, then notify INS once he becomes USC. That way I'd get to keep an older priority date. Two lawyers I spoke to said not to do it. I also read that changing his status from GC to USC is a simple procedure and shouldn't delay the process. What is your opinion on this? Any similar experience?

Thanks,
J
Click to expand...

Hi:

IMO it is actually better to just file everything together once he is a USC. The priority date is irrelevant when filing I130 as a USC. Also, while it is entirely possible to update the I130 petition, some have reported some delays and confusion in dealing with this.

If you haven't already filed an I130, I would advise to wait. Everything together in one envelope is likely the quickest way! Good luck.
 
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