Waiting time for GC

ArvDesign

Registered Users (C)
I looked on this forum but I was unable to find an answer for my question so I'll shoot it here.
If my wife( a green card holder) will apply for my naturalization by I-130 form while I'm here legally , and then for some reason I will loose my status, and stay illegally here untill I get my I-485, will it complicate or postpone my aproval? Will I be able to apply for GC at all?
 
You need to do some reading here... http://uscis.gov/graphics/index.htm and in this forum.

I-130 is not for naturalization as you think. I-130 only establishes a relationship between the petitioner and the applicant. In your case... being married to a LPR, your wife can only file I-130 and wait till it is approved and priority date is current. It might take 3-4 years for your PD to become current, till then you have to maintain legal status on your own as the I-130 cannot help you. Once your PD is current, you are eligible to apply for I-485 and derive its benefits like AP, EAD provided you maintained lawful status and did not work illegally. As the spouse of a LPR, you dont get pardoned for your illegal stay and you would be ineligible to file I-485 unless you file I-485A and paying a fine of $1000 in order to be eligible for filing I-485. Look here... http://uscis.gov/graphics/formsfee/forms/files/i-485supa.pdf

IF, your wife becomes a USC during your wait for the PD to become current, she can upgrade the I-130 and you will become eligible to apply for I-485. Your illegal status would be forgiven as you would be the spouse of a USC at that point.
 
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