If I become out of status then my 130 gets approved, can I file for 485 still?
you can only adjust with an lpr husband if you stay in status and don't work without authorization. However, rather than consider consular processing, your husband should know that this status issue is not a factor if he is a citizen. Don;t make any tactical decisions like this without talking with an attorney first.
Since your husband is a Lawful Permanent Resident, you cannot fall out of status. If you fall out of status for even one day, you will not be able to adjust your status. If your status ends before your priority date becomes current, you will need to leave the United States and consular process. I recommend consulting with an immigration attorney to make sure everything is done correctly.
Legal disclaimer: By answering this question, there is no intention to create, nor does it create an ongoing duty to respond to questions. An attorney-client relationship has not been formed. The answer is not intended as anything other than the opinion of the author. It should not be relied upon as legal advice. The answer given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change.
If your husband remains an LPR, then you MUST remain in status up through the moment of becoming an LPR yourself in order to adjust status. Otherwise, you must leave the US and do consular processing. On the other hand, if your husband becomes a US Citizen, then even if you fall out of status, you should be able to adjust status in the United States. Please consult with an immigration lawyer.
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It is absolutely vital for you to plan this process very carefully. You must maintain your non-immigrant status until you receive your LPR status, otherwise your I-485 gets denied, you would have to go through consular processing, and might get unlawful presence accumulated by that time, which would make you inadmissible. Make sure you have an immigration attorney by your side!
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