how long she will have to wait?

[tobatz 0]

Hello, i'm not sure if this is the correct forum i've put my thread. If not, kindly transfer it to the correct forum.

I'm a legal resident since 2005 under Family based petition F2B. My wife/daughter(1yr old) entered the US last year with H1B(working visa)/H4(dependent visa). If i've read the USCIS site correctly ,I would need fill up I-45 form to adjust their status to immigrant.

My question is, which is faster? apply an adjustment of their status as an immigrant or apply an adjustment of their status once I acquire my US citizenship.

Thank you and more power!

Edited February 8, 2011 by tobatz

[Inky 1,111]

I don't know what form I-45 is...

But you would have to file I-130 + G325a + I-485 + I-864

You need to go and read the guides. They are there for a reason, to help you with the steps and understand what you need to do.

[matuk tuokan 2]

both could be possible to apply for AOS(I-130/I-485)for your love ones,If you are eligible to sponsor as an immigrant yes it is more faster because you can file an application right away.Now if you will wait to be naturalized It'll take more time before you can apply for AOS of your love ones.

[tobatz 0]

both could be possible to apply for AOS(I-130/I-485)for your love ones,If you are eligible to sponsor as an immigrant yes it is more faster because you can file an application right away.Now if you will wait to be naturalized It'll take more time before you can apply for AOS of your love ones.

thanks for a quick reply. So it's faster to apply for an AOS as an immigrant rather than wait to be naturalized? One more thing, what do you mean by "if you are eligible to sponsor as an imigrant" are there any criteria to sponsor this type of petition

Thanks again, mabuhay!!!

[tobatz 0]

I don't know what form I-45 is...

But you would have to file I-130 + G325a + I-485 + I-864

You need to go and read the guides. They are there for a reason, to help you with the steps and understand what you need to do.

i'm sorry what i mean was I-485. My brain types faster than my hands and I have this bad habit of posting messages without proofreading Yeah I need to file 130,biometric form, AOS form etc but which of the path is faster, file them while I'm still an immigrant or wait 'til I get my US citizenship?

thanks for a quick reply...cheers!

Edited February 8, 2011 by tobatz

[SunDrop 59]

Moving from AOS from Family Based to AOS from Work, Student & Tourist Visas since this is what I believe you'll be doing.

[milimelo 4,541]

You can't file for adjustment of status as the number will not be available for your wife - spouses of LPRs have a 3yr wait. If you send in the AOS, it will be rejected.

File for I-130s first (for wife and child), in the meantime file for naturalization. Once naturalized, get the AOS process started. Your wife is fine with H1B in the meantime.

[JimVaPhuong 4,863]

both could be possible to apply for AOS(I-130/I-485)for your love ones,If you are eligible to sponsor as an immigrant yes it is more faster because you can file an application right away.Now if you will wait to be naturalized It'll take more time before you can apply for AOS of your love ones.

This is not correct. An LPR cannot concurrently file an I-130 and an I-485. Those forms can only be filed concurrently if the approved I-130 would make an immigrant visa number immediately available for the alien. The only visas that fall into that category are immediate relative of a US citizen. The I-130 would need to be approved, and the priority date would need to be current before his wife could apply for a green card. There's currently a 3 year wait. In addition, she'd need to maintain her non-immigrant status until her green card application was submitted.

It would be much faster to become a US citizen and then file concurrently.

[Delaw 0]

This is not correct. An LPR cannot concurrently file an I-130 and an I-485. Those forms can only be filed concurrently if the approved I-130 would make an immigrant visa number immediately available for the alien. The only visas that fall into that category are immediate relative of a US citizen. The I-130 would need to be approved, and the priority date would need to be current before his wife could apply for a green card. There's currently a 3 year wait. In addition, she'd need to maintain her non-immigrant status until her green card application was submitted.

It would be much faster to become a US citizen and then file concurrently.

Thanks for simplifying this.

[tobatz 0]

This is not correct. An LPR cannot concurrently file an I-130 and an I-485. Those forms can only be filed concurrently if the approved I-130 would make an immigrant visa number immediately available for the alien. The only visas that fall into that category are immediate relative of a US citizen. The I-130 would need to be approved, and the priority date would need to be current before his wife could apply for a green card. There's currently a 3 year wait. In addition, she'd need to maintain her non-immigrant status until her green card application was submitted.

It would be much faster to become a US citizen and then file concurrently.

Hmmm, interesting. . Thanks for the information. This is most likely the step I will take... . Btw, what's the average waiting time for their AOS approval? As for my US citizenship, i know it will take about 6months give or take...