Jenn P
Sep 23, 2021
green card holder
do you guys it it's best to wait until your spouse becomes a citizen before you apply? because the green card holder waiting for decision on his citizenship approval and it's taking long so I was wondering if it's best to wait or send just the i130 now then upgrade and send i485 after the citizenship
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K kSep 23, 2021
I was in a similar situation and we went ahead and filed for I-485 and I-130 when my husband was still a green card holder. and right after he got his naturalization certificate, we updated it.
BAYANO PARKERSep 23, 2021
just go ahead and update your case as soon as he get his naturalization certificate.
O ISep 23, 2021
how do you update the case after the citizenship?
Jenn PSep 23, 2021
u update by sending a letter asking them to update your case because u are now a citizen with a copy of your naturalization certificate
BAYANO PARKERSep 23, 2021
you will just have to send his N.C through your online account.
Jenn PSep 23, 2021
kada k I never heard of someone who is a green card holder can apply for everything at once only if the person they're petitioning for maintain legal status whole they are here in the US but if the person illegal meaning overstayed their visa the green card holder can't adjust status for them
Jenn PSep 23, 2021
yes that's exactly what I'm gonna do because they taking too long with his case and I'll make sure I do the application online so that I can just upload his NC through that without having to mail it
G
Grace GraceSep 23, 2021
@ jenn k as a green card holder, you can file both i-130 and 1-485 together if your spouse has not overstayed. The most crucial thing is to file and get receipts before he goes out of status. Heard ppl say he needs to be in status the whole time USCIS is adjudicating the case but that is incorrect.
Jenn PSep 23, 2021
well I was asking for someone who already overstayed for years so that doesn't apply for that person
j
jesus MOct 21, 2021
@ Grace Grace, where i can see that information? about the people who is adjusting his/her status that has to maintain status the whole time. thak you in advance 😁

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