upgrade after I-485 filed?
Hi, its my first post here.
My bfs mother filed I-130 for him in 2000 (F2b). His priority date is current (actually available in April) and he filed I-485 at the end of July. He finished the fingerprint around 8/20. Now his mother becomes a citizen (two days ago). We want to get married and know that the waiting time for spouse of GC is around 5 years, and we are trying to avoid that. So we are thinking some ways for me to get GC at the same time.
My question is:
1. Its my understanding that if we can change his category to Citizens Adult child, then we can get married, and I can have GC as well. Is that correct?
2. If so, his mother will request the upgrade. Does she need to upgrade twice, from F2b to F1 to F3, or simply request F2b to F1 and we upgrade to F3 when we interview?
3. If this path works, can we marry immediately after the request, or we need to wait the confirmation or approval? And if we marry after the confirmation but before he gets his GC, can I file my I-485 after he gets his GC or I must filed before his I-485 is approved?
4. Does upgrade have any impacts on his case, since hes already filed the I-485?
Any help and suggestions are welcome and appreciated. Thanks!
If she filed for him in 2000 then PD is current even for the 3rd category. Im not positive he has to withdraw the application, but probably withdrawing one, getting married, and then filing for both of you in 3rd category (with his moms certificate attached) is the way to go. Frankly, Id STRONGLY recommend to spend some money and get 30 mins consultation with the lawyer ASAP.
Was he in the US legally when he filed the I-485? If not, his I-485 wont get approved under FB1 or FB2 or FB3.
kittenKat, withdraw probably wont be an option for us. She wont accept filing another I-130 and wait another PD simply for me to have GC at the same time. He plans to graduate next year, so wants GC ASAP too.
Jackolantern, yes, and we are both still legally now under F1 student visa.
Thanks~