Question on when is best to file petition for spouse

[Kamex009 10]

Hello Everyone,

Here's my situation and questions, hopefully I can get some guidance.

I'm currently an LPR, I got my GC via work sponsorship, the earliest date to file for Naturalization is August 8th of 2016 ( very soon !! )

My wife is currently a student with an F1 visa, she just graduated and will be getting the OPT in order to be able to work on her field of studies.

Here are my questions:

1) Is it possible to submit the petition for my wife at the same time ( same package ) I submit the N-400 application ?

2) In case the answer to the previous question is a NO, then would it be wiser to submit a petition for her now and wait until I become a US Citizen in order to bump the priority to IR ?

As you might imagine, I'm trying to make sure we'll be able to get everything squared away in the best time frame. Please let me know if there are any questions regarding my case.

[teeak 224]

1) The petitions will be sent to different locations, hence you'll need to mail both in different packages.

2) If you file the petition, after you receive your naturalization certificate then she can file the I130 and I485 at the same time and adjust status since a visa number is readily available.

If you'd like, you can file the I130, wait for your certificate, upgrade the petition and then file the I485. I think it would just be easier to file both forms concurrently once you become a citizen.

Of course the adjustment of status is contingent on the fact that she will still legally be in the US once you receive your naturalization certificate.

[IcezMan_IcezLady 582]

Look into this...

If you apply for her before you become a citizen, will she be able to apply for citizenship in 3yrs or she will have to wait till 5yrs?

[EM_Vandaveer 2,408]

1) The petitions will be sent to different locations, hence you'll need to mail both in different packages.

2) If you file the petition, after you receive your naturalization certificate then she can file the I130 and I485 at the same time and adjust status since a visa number is readily available.

If you'd like, you can file the I130, wait for your certificate, upgrade the petition and then file the I485. I think it would just be easier to file both forms concurrently once you become a citizen.

Of course the adjustment of status is contingent on the fact that she will still legally be in the US once you receive your naturalization certificate.

After he becomes a citizen it won't matter if she is still in status or out of status, she'll be eligible to file for AOS based on marriage to a USC.

[teeak 224]

After he becomes a citizen it won't matter if she is still in status or out of status, she'll be eligible to file for AOS based on marriage to a USC.

This is true! My point was more to the fact that she can only adjust status if she's in the US. If at the time she has moved back to her home country, then she'd need to proceed with consular processing.

[EM_Vandaveer 2,408]

This is true! My point was more to the fact that she can only adjust status if she's in the US. If at the time she has moved back to her home country, then she'd need to proceed with consular processing.

Good point.

[newacct 688]

You can file an I-130 petition at any time after you are married. But there's no benefit to filing the I-130 by itself before I-485. Just wait till you become a citizen and file I-130 and I-485 together.

[Kamex009 10]

Thank you everyone that responded, I'll be starting to fill out the N400 application soon and take your advice on filing the petition after becoming a USC.