Really Confused?? I-130

[Darkarma 2]

Dear All,

My Spouse is an LPR who has applied for citizenship this month. We actually got married in 2007.I am in the US on a visa as a research scholar and legally maintaing my status. I did not apply for I-130 as it was taking many years and i figured out that my spouse would be a citizen by then and then apply. Well in Aug the F2A category has moved to March 2009. I feel in the next few months the F2A category may become current or near. Please advise as to how to proceed.

1. If i file my I-130 tomorrow, and it is not approved, but in the meantime my visa category is current in F2A can i file I-485?

2. How do i file I-485 without an approved I-130?

3. When my spouse become a USC, how do i update my file?

4. Or is it still better to wait till my spouse is a USC and concurrently file I-130 and I-485?

Thanks everyone.

[payxibka 10,047]

Dear All,

My Spouse is an LPR who has applied for citizenship this month. We actually got married in 2007.I am in the US on a visa as a research scholar and legally maintaing my status. I did not apply for I-130 as it was taking many years and i figured out that my spouse would be a citizen by then and then apply. Well in Aug the F2A category has moved to March 2009. I feel in the next few months the F2A category may become current or near. Please advise as to how to proceed.

1. If i file my I-130 tomorrow, and it is not approved, but in the meantime my visa category is current in F2A can i file I-485?

2. How do i file I-485 without an approved I-130?

3. When my spouse become a USC, how do i update my file?

4. Or is it still better to wait till my spouse is a USC and concurrently file I-130 and I-485?

Thanks everyone.

1) no, this is only available to aliens who are in an immediately available visa category... F2A is not in that category

2) if you are eligible (which F2A is not) you would submit the I-130/I-485 at the same time