Q: my husband recently applied for citizenship. can i send my petition form now to be permanent resident ?
his application is still processing. do i wait till he becomes a citizen or can i go ahead and send in my petition form?
A: You can not adjust status through him until he has attended a ceremony and is a USC. You may only adjust status through him - while he is an LPR - if you are here on a current visa and have no time wherein you were out of status.
Agnes Jury agrees with this answer
A: You must discuss your exact legal options with a professionally qualified immigration attorney to structure your legal strategy.
A: If you are in lawful non- immigrant status, you can file the FORM I-485 and the FORM I-130 based on a lawful permanent resident spouse. If you are not in lawful non- immigrant status then you must wait until your spouse obtains U.S. citizenship.
A: Hi, Assuming you legally entered the US and you are otherwise eligible to apply for adjustment of status; your LPR husband may choose to petition for you as an LPR. Once he becomes a US citizen you file your green card application. The family petition does not give you any rights or privileges. If you are in VALID & UNEXPIRED STATUS, you may be able to apply for your green card even if your husband is an LPR. Immigration law is complex and you should consult with an experienced immigration attorney to make sure you choose the most cost-effective option for you.
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