I-485 LPR vs USC

[mvn910 1]

Hi guys,

Got a time demand issue here. I am a F-1 visa student. I would save $2,200 for my tuition fee if I can get a receipt for my I-485 application before Jun 17. My wife got an interview for her naturalization in May 18. We still could not tell when is her Oath ceremony date now. Do you guys think it is a good idea if I file my I-485 when she still a LPR and support her Naturalization certificate later? Does it take much more time than the case that I file I-485 when she got her naturalization certificate? Any comment are all appreciated! Thanks!

[SweetApple08 2]

It depends if you really want to save the $$$$$ at 100% then apply asap and update later to spouse of USC sending them a copy of certificate when she becomes USC. Depending on where your wife is applying for her Citizenship sometimes they will have the oath ceremony really close to interview date and get USC certificate the same day or so. In that case you could wait, you'll have about a month to apply for AOS and get a receipt for your tuition.

[Jewel-8 21]

It depends if you really want to save the $$$$$ at 100% then apply asap and update later to spouse of USC sending them a copy of certificate when she becomes USC. Depending on where your wife is applying for her Citizenship sometimes they will have the oath ceremony really close to interview date and get USC certificate the same day or so. In that case you could wait, you'll have about a month to apply for AOS and get a receipt for your tuition.

It took us 2 1/2 weeks to get our AOS NOA1. I'd start getting the documents you have in order, but wait a few more weeks to see what she is told at her interview.

[milimelo 4,503]

I believe OP was told in the other thread (naturalization section) that he is risking his AOS being rejected and possibly his money not refunded as spouses of LPR are not eligible to AOS before there is a number available for them.

Why he would still try to do it instead of dealing with his university when his wife has a naturalization certificate in hand and AOS filed (NOA1 received) is beyond me.

Moving thread as OP does not have a family based visa but is on F1.

[payxibka 10,045]

Hi guys,

Got a time demand issue here. I am a F-1 visa student. I would save $2,200 for my tuition fee if I can get a receipt for my I-485 application before Jun 17. My wife got an interview for her naturalization in May 18. We still could not tell when is her Oath ceremony date now. Do you guys think it is a good idea if I file my I-485 when she still a LPR and support her Naturalization certificate later? Does it take much more time than the case that I file I-485 when she got her naturalization certificate? Any comment are all appreciated! Thanks!

You are not eligible to submit an I-485 to adjust status until your spouse is a USC....

[mvn910 1]

You are not eligible to submit an I-485 to adjust status until your spouse is a USC....

Are you sure? I think it just take more time if you are a spouse of a LPR than a spouse of a USC. I did go to USCIS website and there is still a way to file I-485 for a spouse of a LPR while he is in US.

[mvn910 1]

I believe OP was told in the other thread (naturalization section) that he is risking his AOS being rejected and possibly his money not refunded as spouses of LPR are not eligible to AOS before there is a number available for them.

Why he would still try to do it instead of dealing with his university when his wife has a naturalization certificate in hand and AOS filed (NOA1 received) is beyond me.

Moving thread as OP does not have a family based visa but is on F1.

What number do you mean? Is it too risky if you file I-485 as a spouse of a LPR while you are a F-1 visa student and later on you can support you spouse naturalization certificate? Man, time is playing around me seriously! hiz... I always have problem with time!

[nekomyu 0]

LPR can apply I-130 only, there is a waiting time about 4 years for AOS (seriously !!!).

Edited May 1, 2010 by nekomyu

[payxibka 10,045]

Are you sure? I think it just take more time if you are a spouse of a LPR than a spouse of a USC. I did go to USCIS website and there is still a way to file I-485 for a spouse of a LPR while he is in US.

Yes, I am sure. You are not eligible for a concurrent I-130 & I-485 filing to adjust your status.

[Alla 3]

Here is a response from a lawyer regarding same problem:

"You have to wait to file your I-485, till your priority date becomes current. Please read your I-130 approval notice carefully for directions. You have to keep checking the visa bulletin (http://travel.state.gov) every month and check the your priority date( date I-130 received) against the Family 2A category under your country of origin. Once the date becomes current, you will become illegible to file I-485. Till then you should keep your stay in the US legal. "

Hope it helps!

[mvn910 1]

Hey guys,

Thanks for all of your comments. They help me a lot. I think I know what is the difference between a USC and LPR spouse. The waiting time for my I-130 application would be too long when my wife is a LPR. I think $2,200 ( the saving I may have from my school tuition fee) is not worth the wait ( one guys say around 4 year). I think I just wait to file everything AT THE SAME TIME when my wife becomes a USC. Hopefully she will got her oath ceremony right after her interview on May 18,2010. I have searched some oath ceremony schedule in Houston an they say it is the third Wednesday of the month. My god, it is May 19,2010 is the the third Wednesday of May. Just praying for that happens in a timely manner! Thanks again and wish all the best things to you guys!

[SweetApple08 2]

Oh I assumed that you had an approved I-130 (from spouse of LPR) like I do. Really it's not even worth applying for anything at this point. It took for me 3 and half years from the I-130 application to apply for AOS. Long time.....

Good Luck with the USC interview for your spouse and you'll apply soon there after.

[mvn910 1]

Oh I assumed that you had an approved I-130 (from spouse of LPR) like I do. Really it's not even worth applying for anything at this point. It took for me 3 and half years from the I-130 application to apply for AOS. Long time.....

Good Luck with the USC interview for your spouse and you'll apply soon there after.

Thank Sweetapple08