AOS from an OPT overstay as a spouse of LPR

[geowrian 22,338]

4 hours ago, wagecuck3 said:

What you CAN do, however, is that your husband can file the I-130 now and have it "upgraded" after he becomes a US citizen. This can save some processing time, since in general the I-485 cannot be approved until the I-130 has been approved.

In this case, it won't actually help though. Even if the I-130 was filed today and approved next week, the timeline for I-485 approval would remain the same as that is handled by the local USCIS field office. Ask the people who filed an I-485 with an already-approved I-130 and current PD...it did not impact their total timeline in any way.

If both forms are filed concurrently, both the I-130 and I-485 will be adjudicated by the local field office together. So it won't be any slower either...in both cases, the timeline will be limited by the USCIS field office.

 

There's likely harm in filing the I-130 early, though...just that DHS will have your current address. Although they should already have that from your spouse's N-400, along with the declaration that you are in the US illegally (the N-400 asks about one's spouse's current status in the US). Arguably it does have a benefit in the event you needed to do consular processing abroad instead of AOS (e.g. if you somehow got deported or just had to leave the US for some reason).

Edited August 5, 2020 by geowrian

[bklyn24601 17]

3 hours ago, geowrian said:

In this case, it won't actually help though. Even if the I-130 was filed today and approved next week, the timeline for I-485 approval would remain the same as that is handled by the local USCIS field office. Ask the people who filed an I-485 with an already-approved I-130 and current PD...it did not impact their total timeline in any way.

If both forms are filed concurrently, both the I-130 and I-485 will be adjudicated by the local field office together. So it won't be any slower either...in both cases, the timeline will be limited by the USCIS field office.

 

There's likely harm in filing the I-130 early, though...just that DHS will have your current address. Although they should already have that from your spouse's N-400, along with the declaration that you are in the US illegally (the N-400 asks about one's spouse's current status in the US). Arguably it does have a benefit in the event you needed to do consular processing abroad instead of AOS (e.g. if you somehow got deported or just had to leave the US for some reason).

This is all very helpful! thank you

[geowrian 22,338]

3 hours ago, geowrian said:

There's likely harm in filing the I-130 early, though

likely little harm* wow, just noticed I missed an important word...