Immigration Site

Hi

Im sure this question has been asked many times and the answer I found is "wait till your partner gets Citizenship and then apply for I-130 and I485 both at the same time". But I need little more information.

Since my wife will become citizen in next 4 years is it better to file I-130 for me right now? As I see in Visa Bulleting for JULY 2010 Cut off dates for I-130 family based GC for India is 1st july 2008. Around 2 years back. If I get my priority date in 2 years will I be able to file I-485 immediately?

We have got married in Feb. 2010 and My h1B is expiring in Sept. 2012.

Im not sure how long it takes to get I-130 approval.

Thanks
pat

Yes. Once your priority date is current, you can file an I-485.

If I get my priority date in 2 years will I be able to file I-485 immediately?

Hi

Thanks for your reply. In this case I assume I can attach I130 receipt copy with my I485 application. Correct me if Im wrong.

Thanks
pat

Im sure this question has been asked many times and the answer I found is "wait till your partner gets Citizenship and then apply for I-130 and I485 both at the same time". That usually is the better choice if the sponsoring spouse is less than about 6-9 months from citizenship eligibility. But if there is more time than that, such that there is a good chance of the I-130 being approved before naturalization, filing the I-130 ahead of naturalization can often be the better option.

You need to include the I-130 receipt (or I-130 approval notice, if its been approved) with the I-485 application, if the I-130 and I-485 are not filed together.