Citizenship almost done and AOS for spouse

[Kitzki 4]

Hello! I always appreciate kind people here giving me advices in this difficult time. I applied N-400 back in Feb2020 and I just had N-400 interview and wasn't sure how I'm going to proceed with my husband. My husband entered country back in August with B2 visa. It was very difficult to meet him due to pandemic and travel restriction. We decided to get married so that I can visit him and He can visit me as family. I applied N-400 initially so that I can move to Germany and start life with him over there,

 

but during this visit. I got pregnant.

 

I have a stable job and it's not feasible for me to wrap everything here and move & find a new doctor etc.. so we decided to stay here and of course I wanted him to stay here with me. my idea was once I become US citizen, I was going to apply AOS for him. I asked USCIS officer how long does it take to get Oath Ceremony and he said I might have to wait 2 months and my husband's 6 months stay will be expired and either he has to go back or apply for extension. I'm not too sure me giving birth in few months will be good reason to apply for extension.. I'm aware of visa waiver for US citzens.. but as I'm not US citizen "YET".. how would that work? if I get a ceremony before his 6 months stay and receive receipt of application from USCIS, is it sufficient enough for him to stay? if you can share any experience or advice I will really appreciate it !

[HRQX 4,145]

1 hour ago, Kitzki said:

my husband's 6 months stay

He can file for Adjustment now. Looks like his I-94 has not yet expired so he meets the requirements: https://www.uscis.gov/green-card/green-card-eligibility/green-card-for-family-preference-immigrants "Proof that you have continuously maintained a lawful status since arriving in the U.S." "An immigrant visa is immediately available to you at the time you file your Form I-485 and at the time we make a final decision on your application"

 

F2A is Current: https://www.uscis.gov/green-card/green-card-processes-and-procedures/visa-availability-priority-dates/when-to-file-your-adjustment-of-status-application-for-family-sponsored-or-employment-based-59

 

I-130 and I-864 are filled-out by the Permanent Resident, and the rest of the forms by the immigrant. In general, send the following four packets (*note that I-765 and I-131 packets are optional, but highly recommended) in the same envelope to the Chicago Lockbox:

• I-130 with I-130A and copy of marriage certificate, filing fees, etc.;
• I-485 with I-864 and supporting documents, I-944 and supporting documents, electronic I-94 copy, filing fees, etc.;
• I-765 with electronic I-94 copy, etc.; and
• I-131 with electronic I-94 copy, etc.

You'll separate each packet with rubber bands or fasteners: https://www.uscis.gov/forms/forms-information/form-filing-tips

On the I-130 packet, I-130 payment method (check, money order, or Form G-1450) must be the very first item of this packet.

On the I-485 packet, I-485 payment method (check, money order, or Form G-1450) must be the very first item of this packet.

[aaron2020 11,651]

You ar fortunate to have a very easy solution.

The F2a category is current.  Since you are currently an LPR, you can file an I-130 and I-485 to adjust your husband's status and he can stay in the US legally with you.  You can upgrade the case once you become a US citizen.

 

A visitor visa extension will be deny since wanting to stay and live with your pregnant wife is not a normal tourist activity.  It's more of a I want to live in the US situation.  

[Kitzki 4]

thank you for taking time to respond! It HELPED me to understand a lot!.

 

I always thought since I'm a Permanent resident.. I will have to file I-130 first and wait to be approved.. then go ahead and file I-485. so I'm assuming I was thinking incorrectly.

 

I would like to ask another questions since you guys seem very knowledgeable! 

 

What do I need to adjust Permanent resident to US citizen? I've been looking at if there is any info what I need to do but I think I'm missing something! + once I receive receipt of AOS application.. is he good to stay with me?

 

I've heard that visa waiver is only good for spouse of US citizen.. I'm not sure pending AOS is also sufficient enough for him to stay as spouse of permanent resident. 

 

THANK YOU SO MUCH AGAIN! 

 

[HRQX 4,145]

4 hours ago, Kitzki said:

is he good to stay with me?

Yes. The I-485 receipt notice is proof of his period of stay authorized by the Secretary of Homeland Security.

4 hours ago, Kitzki said:

visa waiver

Can you elaborate on "visa waiver"? Are you talking about VWP? In your first post you mentioned B2 visa. Where did he apply for the B2? Which country's passport does he have?

[Kitzki 4]

Great!

I meant exemption of overstay as spouse of US citizen. Sorry for the confusion.

 

He entered the country with B2 visa and He has German passport if it helps.

 

 

 

 

[HRQX 4,145]

1 minute ago, Kitzki said:

Great!

I meant exemption of overstay as spouse of US citizen. Sorry for the confusion.

You can confirm the I-94 expiration date: https://i94.cbp.dhs.gov/I94/#/home Thus, he can file now if it's still before I-94 expiration date.

[aaron2020 11,651]

9 hours ago, Kitzki said:

thank you for taking time to respond! It HELPED me to understand a lot!.

 

I always thought since I'm a Permanent resident.. I will have to file I-130 first and wait to be approved.. then go ahead and file I-485. so I'm assuming I was thinking incorrectly.

 

I would like to ask another questions since you guys seem very knowledgeable! 

 

What do I need to adjust Permanent resident to US citizen? I've been looking at if there is any info what I need to do but I think I'm missing something! + once I receive receipt of AOS application.. is he good to stay with me?

 

I've heard that visa waiver is only good for spouse of US citizen.. I'm not sure pending AOS is also sufficient enough for him to stay as spouse of permanent resident. 

 

THANK YOU SO MUCH AGAIN! 

 

Once you get your Certificate of Naturalization or US passport, you can upgrade the petition for your husband.

 

Overstay is only forgiven for a spouse of a USC if that is what you mean by "visa waver is only good for spouse of US citizen."  

Since your spouse entered the US in August with a B-2, he is probably good for 6 months.  Make sure you file the I-130 and I-485 before his I-94 expires at the six month mark.  Get going and file ASAP.  Once he overstays and you are still an LPR, he has no status to adjust and any petition will be deny.  Make sure you file quickly.

[HRQX 4,145]

2 hours ago, aaron2020 said:

and any petition will be deny.

The I-485, I-765, and I-131 are the ones that would be rejected if filed after I-94 date and if OP is still a LPR. The I-130 petition would still be processed. The I-130 approval notice says: "The approval of this visa petition does not in itself grant any immigration status and does not guarantee that the alien beneficiary will subsequently be found to be eligible for a visa, for admission to the United States, or for an extension, change, or adjustment of status."

[Kitzki 4]

wow. thanks guys!

 

I didn't know there is any kind of chance to be denied if his I-94 is expired. I'm currently working on documents..

 

 

14 hours ago, aaron2020 said:

Once you get your Certificate of Naturalization or US passport, you can upgrade the petition for your husband.

 

does "upgrade" mean file new I-130 as US citizen?

 

 

 

 

[HRQX 4,145]

29 minutes ago, Kitzki said:

does "upgrade" mean file new I-130 as US citizen?

No. It means you just send a letter to USCIS: https://www.nolo.com/legal-encyclopedia/sample-letter-citizenship-your-family-are-now-immediate-relatives.html "If Immigrant Will Be Adjusting Status"

29 minutes ago, Kitzki said:

I didn't know there is any kind of chance to be denied if his I-94 is expired. I'm currently working on documents..

Make sure it arrives at the Lockbox before I-94 expires; 8 CFR § 103.2(a)(7)(i): "USCIS will consider a benefit request received and will record the receipt date as of the actual date of receipt at the location designated for filing such benefit request whether electronically or in paper format."

Edited January 12, 2021 by HRQX

[aaron2020 11,651]

39 minutes ago, Kitzki said:

wow. thanks guys!

 

I didn't know there is any kind of chance to be denied if his I-94 is expired. I'm currently working on documents..

 

 

 

does "upgrade" mean file new I-130 as US citizen?

 

 

 

 

You must file the I-130 and I-485 before his I-94 expires while he is still in status because you are a green card holder. 

If you file after his I-94 expires, he will be out of status and can not adjust.  There is no fix for this.  Eventually getting US citizenship will not fix this because at the time of filing, he was out of status.

Upgrade does not mean filing a new I-130.  Upgrading means contacting USCIS and provide proof that you are a US citizen to have your husband's case handled correctly as the spouse of a US citizen.