Hello , I will be completing my 3 year approved J-1 waiver this June. I have my H-1B approved from July- onwards as well. My spouse has interviewed for his citizenship and is awaiting oath. when can i apply for i-130 ? My understanding is we can apply with all the supporting documents and application except i-485 ? should i wait until July before applying for 485 or can i send it now ?
A lawful permanent resident can petition for a spouse here in valid non-immigrant status to adjust status. No need to wait until citizenship. A visa may not be immediately available, but if while you are waiting for the priority date to become current, the spouse becomes a citizen, the petition can be upgraded to an immediate relative petition. If you’ve not met with an immigration attorney to go over your options, you may wish to do so, to avoid costly mistakes and ensure the process moves as quickly as possible. Wishing you good luck.
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You mr spouse can petition as a permanent resident!
My answers are for general information only, NOT A legal advice because these are not tailored to your specific situation. Contact an Immigration Attorney if you need legal advice.
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