Adjustment of status. I-130 approved

[kmulungi 0]

My spouse a current green card holder filled an I-30 petition for me which was approved March 2010. Our priority date just became current. I cannot adjust status because I'm currently out of status. She will become a citizen in a few months. When that happens do I get a green card on the same day she becomes a citizen? Will we still have to re-apply.

Thanks

[juliava 80]

No, you will not get your Green Card just like that.

After your spouse becomes a citizen you need to file for I-485 (adjustment of status or Green Card) and I-765 (work authorization document) concurently. It doesn't matter if you are out of status, you are eligible to apply. The whole process takes on average about 6 months.

On what kind of visa did you enter US?

Edited December 18, 2010 by juliava

[kmulungi 0]

No, you will not get your Green Card just like that.

After your spouse becomes a citizen you need to file for I-485 (adjustment of status or Green Card) and I-765 (work authorization document) concurently. It doesn't matter if you are out of status, you are eligible to apply. The whole process takes on average about 6 months.

On what kind of visa did you enter US?

I entered on an F-1. I switched to H-1b a few years ago. Currently no longer on H1b..

Thanks for the reply

[JimVaPhuong 4,863]

No, you will not get your Green Card just like that.

After your spouse becomes a citizen you need to file for I-485 (adjustment of status or Green Card) and I-765 (work authorization document) concurently. It doesn't matter if you are out of status, you are eligible to apply. The whole process takes on average about 6 months.

This is correct. When she becomes a US citizen then she needs to upgrade her petition from an FB2A to an IR1. The request must be sent, along with proof of the petitioner's new citizenship status (copy of US passport bio page or certificate of naturalization), to the agency that currently has the petition, usually the NVC:

http://travel.state.gov/visa/immigrants/types/types_1306.html#5

Once the petition has been upgraded to an immediate relative category then you can file an I-485 for adjustment of status.