Eligible for Citizenship/Wife in AOS

[485_spouse]

All,
I'm (primary) now eligible to file for citizenship, however my wife is still waiting for her GC. Based on visa demand data and I-485 pending inventory, I anticipate it will take another 8-9 months before my wife's AOS is approved.

Should I file for my citizenship? I do not want to impact wife's GC application.

Thanks in advance.

[MCQ]

Go ahead and apply now for your citizenship!!

Your Citizenship application has absolutely nothing to do with your wife's GC application. It should be complete in about 6 months (mine took 3 months back in 2009 - but they seem to have slowed down a little now)

In fact by applying you can help her in one of two ways.
1. By applying when you are eligible and receiving your citizenship BEFORE your wife gets her GC, if USCIS deny her application for any reason (and no, you're being a USC by that point is NOT a resaon) then you could apply for a fresh I-485 (with an I-130) on grounds of marriage and potentially get her a GC faster in the long run.

2. If you get your Ciitizenship now - then she will only have to wait 3 years instead of 5 years for her own citizenship based on teh fact she will be married to a USC for 3 years. (from my interpertation, the 3 years count starts from the latter of when she gets GC or you get USC.)

Talk with a reputable lawyer - but in this case, as I see it you have nothing to lose by applying as soon as you are eligable - and can indeed help her out.

hope that helps.
McQ

[485_spouse]

Thanks MCQ.
I'll send the papers ASAP.
485_spouse

[485_spouse]

I assume I'm not the only one in this situation (i.e. eligible for citizenship but derivative GC still pending).

If spouse (or any derivative) is still wating for GC and Primary takes oath of citizenship, derivative I-485 is denied. Yup I checked with an attorney.

I filed for my N-400 and am scheduled for an interview next month. Since my wife's case will become curent in (EB3 Nov 2002) , attorney advised to reschedule the interview ( 3-4 months later). Otherwise withdrawing the application another alternative.

moral of my post : do not file citizenship application unless your derivates are approved.


There is no impact of family based cases. They are atomatically converted to 'immidiate relatives' classfications.

[pappu]

Originally Posted by 485_spouse

I assume I'm not the only one in this situation (i.e. eligible for citizenship but derivative GC still pending).

If spouse (or any derivative) is still wating for GC and Primary takes oath of citizenship, derivative I-485 is denied. Yup I checked with an attorney.

I filed for my N-400 and am scheduled for an interview next month. Since my wife's case will become curent in (EB3 Nov 2002) , attorney advised to reschedule the interview ( 3-4 months later). Otherwise withdrawing the application another alternative.

moral of my post : do not file citizenship application unless your derivates are approved.


There is no impact of family based cases. They are atomatically converted to 'immidiate relatives' classfications.

Can you explain WHY I485 will be denied?
What is the logic for it and is there a rule or FAQ on USCIS site about it?
Your answer will not only help you understand why something is advised to you for which you paid your hard earned money but also others searching for answers to similar questions.

[485_spouse]

Sorry, I was not able to answer earlier.
Following link will give you more information.
link to another forum. If link does not work try this on google 'n-400 primary daughter 485 denied'.

In short, derivative is denied since underlying I-140 is no longer supportable.

** I was not able to reschedule my N-400 interview with USCIS. I'm going ahead with interview but will request delay for 'oath ceremony'. Assuming I'm approved.

485_spouse

[fromnaija]

I think it is more prudent that you withdraw your N-400 instead of trying to delay the oath. The reason is that once you become a citizen, your spouse's I-485 will be rejected. I am still searching for case law to back up this but from what I have read so far, that is what USCIS has done in similar cases.

[485_spouse]

Originally Posted by fromnaija

I think it is more prudent that you withdraw your N-400 instead of trying to delay the oath. The reason is that once you become a citizen, your spouse's I-485 will be rejected. I am still searching for case law to back up this but from what I have read so far, that is what USCIS has done in similar cases.

'fromnaija'
As per the attorney ......one cannot become a citizen unless 'Oath' is taken. Upto 2-3 reschedules of 'oath' are allowed. So as long as I do not take oath till my wife's case is approved. We should be fine.
Offcourse we are assuming that my wife's 485 (EB3-India Nov 2012) would be approved in next couple of months as EB3 is poised for a major gain. This information is also form attorney . as per him , Charlie Oppenhimer want USCIS to reduce pending EB3 India numbers as almost 15k EB3 Indians have either recived GC or in the process of getting it after porting to EB2. USCIS is doing double counting of those numbers.

USCIS does not do 'administrative' oath ceremony at my local office only 'judical'. That ceremony is only once a month and none scheduled for my day of interview.

[katta]

@485_spouse. I'm wondering why you are waiting for your wife 485 approval. If you become citizen then u can sponsor her and get green card in 3months. as well she can get citizenship in 3years.

Originally Posted by 485_spouse

'fromnaija'
As per the attorney ......one cannot become a citizen unless 'Oath' is taken. Upto 2-3 reschedules of 'oath' are allowed. So as long as I do not take oath till my wife's case is approved. We should be fine.
Offcourse we are assuming that my wife's 485 (EB3-India Nov 2012) would be approved in next couple of months as EB3 is poised for a major gain. This information is also form attorney . as per him , Charlie Oppenhimer want USCIS to reduce pending EB3 India numbers as almost 15k EB3 Indians have either recived GC or in the process of getting it after porting to EB2. USCIS is doing double counting of those numbers.

USCIS does not do 'administrative' oath ceremony at my local office only 'judical'. That ceremony is only once a month and none scheduled for my day of interview.

[485_spouse]

Originally Posted by katta

@485_spouse. I'm wondering why you are waiting for your wife 485 approval. If you become citizen then u can sponsor her and get green card in 3months. as well she can get citizenship in 3years.

You are correct, however if USCIS deny her current I-485 i between her EAD will be cancelled (therfore her DL too). She is currenly working and we do no want to have any issues with her work.


485_spouse

[485_spouse]

Originally Posted by 485_spouse

You are correct, however if USCIS deny her current I-485 i between her EAD will be cancelled (therfore her DL too). She is currenly working and we do no want to have any issues with her work.


485_spouse

Update :My wife had her I-485 interview yesterday. IO was polite and professional. She started with putting us under 'oath' and routine questions. She herself made copies of passport, my GC etc. ,although we had copies with us.
She also had the information about my citizenship interview status. She basically confirmed our concern that my wife's I-485 will be denied if I become a citizen. We would need to file a new I-130, I-485, I-765 and I-131 after that. She said if we do that make sure 'my wife do not travel on old AP (i.e. tied to my I-140)'. ONly travel when you have the new AP or get your GC.
She was very supportive and suggested delaying my 'oath' date. We were more than happy to have that option, she is going to check with her supervisor and will inform us via a letter.

Over all a good expereince! I hope this information would be helpful to other in similar situation.