File AOS for spouse while N400 Interview in a few days

[foreverever 1]

Can I start process of filing for my spouse AOS while I am waiting for my citizenship?  My  N400 interview  date is in 2 weeks.

[Crazy Cat 42,100]

On what would your spouse base his/her adjustment of status?  If based on marriage to a US citizen, then the answer is no........not until you are actually a citizen.

[CEE53147 559]

The time to oath from the interview can be quite long depending on the location.  You should inquire as to the typical time so you are not disappointed.

[TM92 527]

31 minutes ago, foreverever said:

Can I start process of filing for my spouse AOS while I am waiting for my citizenship?  My  N400 interview  date is in 2 weeks.

You can't file an I-130 petition (as a USC) for your spouse until you succesfully complete the naturalization process. The interview is not the end of the process; the oath ceremony is the end.

But you can file an I-130 petition (as a LPR) for your spouse and then upgrade it when you become a citizen, https://citizenpath.com/upgrade-an-i-130-petition-after-naturalization/:

Quote

How to Upgrade an I-130 Petition

When you naturalization as a U.S. citizen and have a pending Form I-130 for a relative, USCIS does not automatically upgrade your priority. You need to actively inform the immigration agencies of the change in immigration status. It’s not necessary to file a new petition or pay another fee. You can simply write a letter to the appropriate immigration agency. However, if you’ve petitioned a spouse with at least one child together on the same petition, you must file new petitions for the children. Skip below to Child’s I-130 Petition.

 

If your I-130 petition is pending (not yet approved)…

A pending I-130 petition is still being reviewed at the office where it was submitted. Therefore, you’ll need to look up the address of the service center where you mailed your initial Form I-130. You will need to send proof of your U.S. citizenship. Submit the following documents:

• Proof of U.S. citizenship. Examples of acceptable documents include a copy of the biodata page of your U.S. passport or a copy of your certificate of naturalization.
• Proof of a pending I-130 petition. Submit a copy of the Form I-797C, Notice of Action (receipt letter) that was mailed to you by USCIS that indicates your I-130 petition was accepted.

Mail the evidence with a cover letter to the same USCIS service center that you mailed your I-130 petition.  If you have additional questions that require support, contact USCIS at (800) 375-5283.

Your spouse can file the I-485 concurrently or after you file the I-130 as a USC.

Or your spouse can file the I-485 after your LPR I-130 upgrade when you officially become a USC.

--

The above is only possible if your spouse entered the US legally (in most cases)

Edited September 4, 2018 by TM92

[Russ&Caro 1,549]

Things to do while you wait to become a citizen, prior to filing for spouse:

1. If there is a name change involved and you haven't changed it legally yet, do it now.

2. Have your spouse apply for a new passport if it's 4 or less years from expiration. The entire process from CR1 to N400 is at least 4 years and you don't want the hassle of having to get a new passport in the middle of it. Whatever the cost, it's worth the lack of headaches down the road.

3. If your spouse has resided in other countries, start getting police certificates.

4. If your spouse has been married before, get divorce decrees.

5. If your spouse has had a k1 or CR1 filed on his/her behalf before, get the AQ #.

6. If you need any information you have lost since your residency in the US, file the FOIA now. These things take time.

[foreverever 1]

Thanks for all the responses.

I already got the I-130 approved back in 2015 while I filed I-130 and I-845 concurrently. I assume the I-130 still valid since there is no expiration date? Or I need to proof my income again which is time consuming...

 

The I-845 was denied because of ineligibility as a non US Citizen.

Now After I get my citizenship,  is it possible to reopen the old I-845 or file a new I-845 and get the fee waved? Or my only option is file a brand new I-845 with all the documents and fee required. 

Edited September 6, 2018 by foreverever

[foreverever 1]

anyone?

[TM92 527]

This looks to be the only viable option:

On 9/5/2018 at 6:02 PM, foreverever said:

Or my only option is file a brand new I-485 with all the documents and fee required. 

@geowrian and @missileman: thoughts?

[geowrian 22,338]

On 9/5/2018 at 9:02 PM, foreverever said:

The I-845 was denied because of ineligibility as a non US Citizen.

Now After I get my citizenship,  is it possible to reopen the old I-845 or file a new I-845 and get the fee waved? Or my only option is file a brand new I-845 with all the documents and fee required. 

No, the previous I-485 was properly denied as she was not eligible to AOS at the time. Trying to appeal it would be fruitless since it was clearly properly denied.

The existing I-130 remains valid, so a new I-485 can be filed once you are actually a USC.

No fee waiver is available for I-485 for family-based immigration.

Edited September 24, 2018 by geowrian

[foreverever 1]

1 hour ago, geowrian said:

No, the previous I-485 was properly denied as she was not eligible to AOS at the time. Trying to appeal it would be fruitless since it was clearly properly denied.

The existing I-130 remains valid, so a new I-485 can be filed once you are actually a USC.

No fee waiver is available for I-485 for family-based immigration.

 Thanks for your response. Just to confirm, I dont need to file I130, I 846 again because they have been approved. 

Below are what I need to file after I become USC, correct?

I485, I765, I131, I130a, g-1145 plus all the evidences

[geowrian 22,338]

3 minutes ago, foreverever said:

 Thanks for your response. Just to confirm, I dont need to file I130, I 846 again because they have been approved. 

Below are what I need to file after I become USC, correct?

I485, I765, I131, I130a, g-1145 plus all the evidences

The I-864 was not approved...that is either executed (upon approval of the I-485) or is not executed at all.

The new I-485 application needs a new I-864.

Only the I-130 packet (I-130 + I-130A) persists.

 

So you need:

I-485 (required)

I-864 (required)

I-765 (for an EAD / work authorization, if desired)

I-131 (for AP / travel permission, if desired)

G-1145 (electronic notification of receipt, if desired)

[foreverever 1]

30 minutes ago, geowrian said:

The I-864 was not approved...that is either executed (upon approval of the I-485) or is not executed at all.

The new I-485 application needs a new I-864.

Only the I-130 packet (I-130 + I-130A) persists.

 

So you need:

I-485 (required)

I-864 (required)

I-765 (for an EAD / work authorization, if desired)

I-131 (for AP / travel permission, if desired)

G-1145 (electronic notification of receipt, if desired)

Got it, I will include I- 864 too. Really appropriated !!

[TM92 527]

4 hours ago, foreverever said:

Below are what I need to file after I become USC, correct?

I485, I765, I131, I130a, g-1145 plus all the evidences

For the I-485 fee, USCIS now accepts credit cards: https://www.uscis.gov/news/news-releases/uscis-expands-credit-card-payment-option-fees. Also, it's a quick way to get credit card rewards, for applicable credit card programs.

Edited September 25, 2018 by TM92