My spouse entered the US, on a student visa and is currently on a work visa, however it will be expiring in a few months.
7 attorney answers
Technically you could apply for your spouse now, while you are still a resident, or wait until you are a citizen. Your status will be key in whether this is a "fast" process or potentially an extremely lengthy one. If money is an issue, you may opt for waiting...however, as all of us recommend, see an immigration attorney to discuss all of the details in your case, so that you and your spouse can make an informed decision! Good luck to you and your husband!
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You can do either way. However, if your husband gets out of status, it will effect his working authorization. He will not be able to continue his employment with the company and will be forced to wait for few months until you become a citizen to petition for him.
Since you are a permanent resident right now, your petition will not be an immediate relative petition so your spouse will fall out if status once his/her work visa expires.
You can later upgrade a petition though once you naturalize and USCIS will change the preference category to an immediate relative petition. Once approved, your spouse can adjust status even though she fell out of status because she/he is the beneficiary of an immediate relative petition.
I agree with the other attorneys here. I would recommend that you see an immigration attorney before you decide.
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You can definitely upgrade his status later on when you become a citizen. I would consult with an immigration attorney but to your question, yes, you can upgrade.
You can file the FORM I-130 now and upgrade when you become a U.S. Citizen. Or you can wait until you become a U.S. citizen for your spouse to file the adjustment packet. If your future spouse falls out of status and you acquire U.S. Citizenship , your spouse can still adjust status.
a spouse of a permanent resident needs to wait for a visa to be available which will take longer than just a few month. Since she entered legally, it would be better to wait for you to become a citizen and then petition. Your best bet is to contact an immigration attorney for a consultation and advice of the best method for you.