when to start petition for my spouse

[vjjmember111 5]

I got my GC via USC but got divorced after almost 3 years of being together. By that time i had successfully removed conditions. Later got married but found out that i couldn't petition my spouse as permanent resident until 5 year anniversary of GC since my GC was via marriage to USC. Currently i have filed my n-400, so should i wait until n-400 process is over to petition my spouse as citizen or can i submit the i-130 after 5 year anniversary as permanent resident and later upgrade it to immediate relative of USC after n-400 is approved.

[EM_Vandaveer 2,377]

You can do either.

[sanil1986 26]

I got my GC via USC but got divorced after almost 3 years of being together. By that time i had successfully removed conditions. Later got married but found out that i couldn't petition my spouse as permanent resident until 5 year anniversary of GC since my GC was via marriage to USC. Currently i have filed my n-400, so should i wait until n-400 process is over to petition my spouse as citizen or can i submit the i-130 after 5 year anniversary as permanent resident and later upgrade it to immediate relative of USC after n-400 is approved.

you should apply after your citizenship

otherwise with the green card you will be put on the second category instead of the first which is faster

[vjjmember111 5]

Thanks Sanil1986 and EM_Vandaveer,

My idea is to make things faster so that my spouse can join me here sooner. Can't i upgrade my petition as immediate family of USC after n-400 is approved even if i petition as GC holder?

My idea is while n-400 is in process, i like to submit 1-130 so that both go in parallel, lets say if i-130 and n-400 are approved at the same time, i would imagine the processing time for my spouse remaining work will be cut short by I-130 approval time because after upgrade the I-130 will go into the immediate relative of USC, correct?

Just wondering if you guys can shed some light into my thought process and if this makes any sense to you guys? Really need some guidance which would be the best approach.

[sanil1986 26]

Thanks Sanil1986 and EM_Vandaveer,

My idea is to make things faster so that my spouse can join me here sooner. Can't i upgrade my petition as immediate family of USC after n-400 is approved even if i petition as GC holder?

My idea is while n-400 is in process, i like to submit 1-130 so that both go in parallel, lets say if i-130 and n-400 are approved at the same time, i would imagine the processing time for my spouse remaining work will be cut short by I-130 approval time because after upgrade the I-130 will go into the immediate relative of USC, correct?

Just wondering if you guys can shed some light into my thought process and if this makes any sense to you guys? Really need some guidance which would be the best appro

when you file you need to show a proof of your status

if you submit a copy of your green card and just fill the green card status part your file will be sent to one of the service center's in the second category

I do not know if that can be changed to a first category once you get your citizenship

i personally would not complicate things and would do it one at a time