QUESTION
How do I update my spouse's existing i130 case to file i485 after I become citizen earlier than priority date becomes current?
Asked on Nov 04th, 2015 on Immigration - Maryland
More details to this question:
Hi all. I am from India and I am on 4th year of my green card and going to become US citizen in nov 2016. I got married last month. My wife entered into US legally on F1 status but we decided not to continue with her education and spend huge money just to maintain her legal status. So she will be not going to school from next semester (jan 2016) and hence become out of status by then. I am going to file for my wife's i130 before she becomes out of status. By looking at current 2A category for india, I am sure I will become citizen earlier than my wife's priority date becomes current.I am confused between two options (1) This time I only apply for i-130 and not i 485 (2) I apply for i 130 and i 485 both at the same time before she becomes out of status. If I do this option, once I become citizen, how would I update the existing case to file for my wife's i485 ? What documents are needed ? Do I have to pay all the fees again ? Where should I find the list of documents to be sent ?
1 ANSWER
You may only file a Form I-130 on behalf of your wife at this time. She is not eligible to seek adjustment of status as her priority date is not current. The filing of a Form I-130 does not provide your wife with any authority to remain in the United States. Your wife's failure to comply with the terms of her F-1 visa will mean she has failed to maintain her status. She would only be able to adjust her status when you become a United States citizen. You can click on adjustment of status to find more information about the process.
Answered on Nov 13th, 2015 at 1:22 PM