Wait for husband citizenship or PD?

[Asianica 1]

Hello everyone, here is my case i hope u can give me an advice. I have a permanent resident husband. My PD is july 30,2014. We had an interview for the i-130 sept10,2015 and its approved. My husband, he just filed his citizenship sept 3,2015 and will become 5yrs here in the US on Nov 28,2015. I believe he will get his citizenship 5-8months. now there this new chart on the visa bulletin about the early filinh of AOS. My question is do i have to just wait for my husband citizenship or apply for AOS since i am legal stay here (F-1). And i think 3-5 from now my priority date will be current

Thank you in advance

[Hypnos 6,578]

You can file your I-485 between 1st October - 31st October (and probably later too, unless the visa bulletin retrogresses). If your husband happens to become a US citizen before your priority date becomes current then he can upgrade his petition status with USCIS from LPR to US citizen and then a visa number would immediately become available to you, meaning you would no longer need to wait for your priority date.

[Asianica 1]

You can file your I-485 between 1st October - 31st October (and probably later too, unless the visa bulletin retrogresses). If your husband happens to become a US citizen before your priority date becomes current then he can upgrade his petition status with USCIS from LPR to US citizen and then a visa number would immediately become available to you, meaning you would no longer need to wait for your priority date.

[Asianica 1]

Thanks hypnos. I have ff up questions

1. How come we had an i-130 interview even i didnt file aos yet? The officer said its approved but i didnt get any approval letter yet

2. Do u have an idea how long it will take to get my employment authorization if i will file my aos dis oct? Im confused which is faster. Isnt it when my husband is citiZen, once he filled my aos it will take 1 month to get my EA?

[Bosna1234 17]

was this a cr1 or a K-1 visa

[Hypnos 6,578]

1) No idea. They possibly suspected fraud or there was some other issue; interviews at the I-130 petition stage are extremely rare for standalone applications.

2) You should receive your EAD within 90 days of applying. It's advisable to file your I-130, I-485, I-131, and I-765 all at the same time. It makes no difference whether your husband is a US citizen or LPR with regards to how fast you receive interim benefits.

Edited September 22, 2015 by Hypnos

[Hypnos 6,578]

was this a cr1 or a K-1 visa

LPRs cannot file for a K-1.

The OP states they are already legally present in the US as an F-1.

Edited September 22, 2015 by Hypnos

[Asianica 1]

hello. finally my husband is citizen now and last week an officer called me that he needs some documents thats why they dont approved the i-130. after i sent my documnets he said its approved and sent me in my email a copy of the approval letter. whats is the next step now? can i file i-485? what else form should i file together with the i-485?