Married to Green Card holder, how can I adjust status

[Kaykay1 0]

Hello, I’m an F1 student with active status and married to a green card holder. We have a child together born here in the US.
 

1. I’ve been reading about the process of  filling and people suggested to file both the I-130 and I-145 concurrently but I believe I would need an approval notice and a number after filing I-130 before I proceed with I-145 or don’t I? Please I need your help here. 

 

2. Also, I would like a little guide on the respective forms to fill out and documents needed specifically for my situation. 

 

3. I noticed that there is a ‘current’ on visa numbers for GC spouses in the US what does that mean 

 

4. She is due to apply for US citizenship in august, do I wait for her to get her citizenship before I apply for adjustment of status or proceed with my own application.

 

Thanks  

[arken 4,197]

File i130, i130A, i495, i864, i765, i131, i693 all together. It's as simple as that. No need to wait for your spouse's citizenship.

 

While the above guidelines are helpful, always use uscis website to download latest forms and read its instructions carefully.

 

Edited July 26, 2022 by arken

[K1visaHopeful 2,691]

Topic moved to appropriate forum as OP is not a K1.

"Adjustment of status from work, student & tourist visas" is correct forum. 

[Mike E 11,727]

7 hours ago, Kaykay1 said:

Hello, I’m an F1 student with active status and married to a green card holder. We have a child together born here in the US.
 

1. I’ve been reading about the process of  filling and people suggested to file both the I-130 and I-145 concurrently but I believe I would need an approval notice and a number after filing I-130 before I proceed with I-145 or don’t I? Please I need your help here.

You don’t because of the answer to question 3.  
 

Quote

2. Also, I would like a little guide on the respective forms to fill out and documents needed specifically for my situation.

Quote

3. I noticed that there is a ‘current’ on visa numbers for GC spouses in the US what does that mean

it means you can file I-485 without waiting for I-130 to be approved.  

Quote

 

4. She is due to apply for US citizenship in august, do I wait for her to get her citizenship before I apply for adjustment of status or proceed with my own application.  

 

I would not wait.  
 

You should maintain your F-1 status for as long as possible to avoid accruing unauthorized presence. While filing I-485 does provide authorized presence, if for some reason I-485, I-864, I-130, or I-130A, are rejected or denied, if you terminated your F-1 status you would enter into in authorized presence which is not forgiven.  
 

 Once your spouse becomes a citizen, if your case is rejected or denied after your F-1 status ends, then your unauthorized presence is forgiven and regardless you will have a typically 33 day grace from notice of denial to refile   

 

Also note that the guide I linked is written specifically for US citizens petitioning spouses.  Modify  the steps appropriately: instead of your spouse providing a copy of evidence of US citizenship, your spouse would provide a copy of the green card. 

 

[Kaykay1 0]

1 minute ago, Mike E said:

You don’t because of the answer to question 3.  
 

it means you can file I-485 without waiting for I-130 to be approved.  

 

I would not wait.  
 

You should maintain your F-1 status for as long as possible to avoid accruing unauthorized presence. While filing I-485 does provide authorized presence, if for some reason I-485, I-864, I-130, or I-130A, are rejected or denied, if you terminated your F-1 status you would enter into in authorized presence which is not forgiven.  
 

 Once your spouse becomes a citizen, if your case is rejected or denied after your F-1 status ends, then your unauthorized presence is forgiven and regardless you will have a typically 33 day grace from notice of denial to refile   

 

Also note that the guide I linked is written specifically for US citizens petitioning spouses.  Modify  the steps appropriately: instead of your spouse providing a copy of evidence of US citizenship, your spouse would provide a copy of the green card. 

 

Thank you for your reply. However while filing concurrently, do I need to submit the I-130 online while the I-145 is sent by paper or send both by paper to the same address.
 

So i’m curious, after filing the I-130, does the receipt number show up immediately to add to the I-145 or not, what do I write in the column on I-145 that requires receipt or approval notice number.
 

Also for divorce decree or proof of divorce from previous marriages, is it a photocopy or the original that should be sent. 

[Mike E 11,727]

2 minutes ago, Kaykay1 said:

Thank you for your reply. However while filing concurrently, do I need to submit the I-130 online while the I-145 is sent by paper or send both by paper to the same address.

That isn’t filing concurrently. That is complicating the process. 
 

File it all by paper all at once.  
 

And it is I-485 not I-145

 

2 minutes ago, Kaykay1 said:

Also for divorce decree or proof of divorce from previous marriages, is it a photocopy or the original that should be sent. 

Never sent originals unless specifically asked to do so.  
 

Indeed I’ve seen one case this year where an original was sent and the case was delayed because USCIS refused to keep the original and had to spend resources making a copy and informing the applicant that the original would be returned. 

 

 Bring originals to the I-485 interview. Never surrender an original. Bring a photo count I surrender in case the photocopy in the packet that was mailed was lost by USCIS.