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Filing i485 after visa date is current

2 views 3 answers
Hi, I have a i-130 approved and now I will be filing for i485 after my visa date becomes current. The problem I have is I've overstayed my visa by 10 years and my spouse is a GC holder who is currently also filing for citizenship (it will take 6-8 months). My question is, could my application for i485 be approved before my suppose becomes a citizen or do I have to wait until he becomes a citizen? I'm really confused in this matter as I've seen at other places that you cannot adjust status without your spouse being a citizen, however my i-130 petition was approved and I was told to wait for visa date to be current before filing for i485.

Attorney Answers

3
Alexander Joseph SegalImmigration AttorneyNew York, NYNY licensed ·
That means that unless you are grandfathered, you will not be filing any I485 any time soon. I am afraid, you will have to wait until the spouse becomes a USC before you can go any further. Good luck.
0 upvotes
F Capriotti 2793192.Html ·
Do NOT file the I-485 until your spouse is a US citizen. It will be a waste of $1,070. Talk to a lawyer via Skype ... as you can see this is complicated and Internet blogs won't give you enough personalized answers.
0 upvotes

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