K SVDR
Apr 24, 2021
Adjustment of Status
Hello! im wondering if it is ok for my husband to file adjustment of status due to marriage while my citizenship is pending. His status here in the US will expire soon if i wait for my citizenship to be released before he files adjustment of status. thank you!
ADVERTISEMENT
K
K kApr 24, 2021
Hi, Yes, I believe you can file for him while waiting for your citizenship. Once you get it, you can then adjust it to “marriage to a US citizen”. Me and my husband are doing the same, only I am the beneficiary :) The wait time could be longer than you expect, and it’s better that he doesn’t run out of status. Good luck!
p
pat sreeApr 24, 2021
Adjustment of status by marriage is only possible by US Citizen sponsoring for Spouse/child under 21/or parents. If you have not yet got your Citizenship you cannot file the I130 and I485 together. Yiur should first get your citizenship and then file for the AOS.
Morgane BaudryApr 24, 2021
Call the USCIS and ask them!
K
K kApr 24, 2021
@pat I’m afraid you need to check your facts before commenting and confusing people. My husband is waiting for his citizenship, and we filed i-130,i-131,i-485 and i-765 altogether..
B
Blessed 😇 oApr 24, 2021
you can file only I-130 for him
B
Bryan MoraApr 24, 2021
Pat do not misinform. As a US resident you can sponsor your husband or wife. now to submit all the forms at the same time you need to check the visa bulletin that just was posted this week and it shows current that mean that if you submit the forms by this or next month you can totally do it. the advantage is that if you are a citizen besides you can bring your family you as a citizen do not have to wait for the department of state to inform that there are visas available. so yeah you can submit the form just keep an eye to the visa bulletin. so go ahead and file your forms.
K SVDRApr 25, 2021
hello! thank you everyone for the response and the corrections to the other responses. i appreciate you all
P
P OApr 26, 2021
@K SVDR You can call USCIS to ask. Our lawyer filed only i130 form for us early last yr. My husband became a citizen last month. Sadly our Lawyer passed. We called USCIS to inform about my hubs naturalization update. The USCIS official said it was good we called, that since our i130 is not yet approved, we should expect a reply within 30days. That we should not file other forms just yet till i130 form is approved. We just got an RFE for our i130 form few days ago
P
P OApr 26, 2021
@Z. A original... wow, are you a citizen ? our then Lawyer said it was just because my hubs was not yet a citizen so he filed just i130. When hubs became a citizen we wanted to file the remaining forms but we decided to place a call to USCIS first to let them know. The official said we have to wait for our new status to update before filing other forms since i130 is not approved yet. Surprisingly few days after we got an RFE for i130. Our then lawyer also said if you’re a citizen from the start you should file all the forms at once to avoid delay.
P
P OApr 26, 2021
@Z. A original wow sorry about that, it must be stressful.. July to August doesn’t look like much gap. By God’s grace your spouse will get a 10yrs soon. Incase you haven’t, try to see a lawyer that can reach out to USCIS. Your testimony is on the way. In my case our marriage is a year and two months plus. We filed i130 feb, 2020, been just waiting till now that my hubs just became a CR. With God everything would be alright.
P
P OApr 26, 2021
@Z.A. Original Thanks a lot. 🙏 same here.
K SVDRApr 26, 2021
this is so wholesome! thank you both!

Popular hashtags