Filing I-485 for Spouse with my N-400?

[Sapiens]

Hi,
I am planning to file for citizenship (N-400) at the end of April, 2013 based on 5 yrs of residency (minus 90 days). My husband is in F-1 status, we are married for 20 months now. I already filed I-130 for him in Dec, 2011 while we were in California. No decision was made for I-130 until September, 2012 when we moved to New York. We changed the address in USCIS after we moved and no decision has been made to our application so far. My questions are:
1. Can my husband file for adjustment of status (I-485) along with my application, N-400 at the end of April; decision for I-130 still pending?
2. If yes, can he also file for EAD (I-765) along with the application (meaning we will be filing N-400, I-485 and I-765 all together? Can we post in same envelope?
3. What will be the total application fees?
4. Should he maintain his F-1 status after we file all three forms?
5. If answer is NO to question 1, When can my husband file I- 485?
Thank you for your help.
- Sapiens

[zoom123]

Hi,
I am planning to file for citizenship (N-400) at the end of April, 2013 based on 5 yrs of residency (minus 90 days). My husband is in F-1 status, we are married for 20 months now. I already filed I-130 for him in Dec, 2011 while we were in California. No decision was made for I-130 until September, 2012 when we moved to New York. We changed the address in USCIS after we moved and no decision has been made to our application so far. My questions are:
1. Can my husband file for adjustment of status (I-485) along with my application, N-400 at the end of April; decision for I-130 still pending?
2. If yes, can he also file for EAD (I-765) along with the application (meaning we will be filing N-400, I-485 and I-765 all together? Can we post in same envelope?
3. What will be the total application fees?
4. Should he maintain his F-1 status after we file all three forms?
5. If answer is NO to question 1, When can my husband file I- 485?
Thank you for your help.
- Sapiens

- You can't file N-400 along with your husband AOS. You should seperately file you application. ( On what basis your got GC)
- First check with USCIS why your I-130 is still pending- You filled when you're on GC but it should not be taken this much time. ( Is this your first marriage/did you got your GC on marriage based?)
- Call USCIS and talk to Tier 2 officer,or got to local USCIS office by info pass. Once you know the clearly about I-130 then you proceed for his I-485 and other.
- In my opinion once you become citizen then its very easy/fast to AOS in US.
- Please check current fee with USCIS.com, it will be almost $1080.
- Once his I-130 is approved, then he can file I-485 or once you become citizen which is a fastest way to adjust status.
- He can maintain his F-1 status.

[Sapiens]

- You can't file N-400 along with your husband AOS. You should seperately file you application. ( On what basis your got GC)
- First check with USCIS why your I-130 is still pending- You filled when you're on GC but it should not be taken this much time. ( Is this your first marriage/did you got your GC on marriage based?)
- Call USCIS and talk to Tier 2 officer,or got to local USCIS office by info pass. Once you know the clearly about I-130 then you proceed for his I-485 and other.
- In my opinion once you become citizen then its very easy/fast to AOS in US.
- Please check current fee with USCIS.com, it will be almost $1080.
- Once his I-130 is approved, then he can file I-485 or once you become citizen which is a fastest way to adjust status.
- He can maintain his F-1 status.

Thank you Zoom123 for your reply. This is my first marriage. I am worried why I-130 decision is taking so long. We moved from California to New York (different USCIS service area). Do you think that has slowed down the decision. Will the processing time set to zero when we moved as our application file will be sent to another USCIS office?

[zoom123]

Did you updated your address, and received a letter stating your address has been changed. Some time if you call and they update you mailing address but they don't update in master database.
- First call USCIS and ask the rep to give you Tier 2 officer. Once you get the officer ask him why your case is delay he gonna check and tell you the reason. if they mailed any letters/REF to your old address.
- If he say your case is still in process, then ask him to check what address is on file, request him to change in master database (Even some Tier 2 officers don't update they just put notes on your file), ask him shall I receive a letter for updating the address.
- You can do online also (change of address), but you need to mail also.
- If you move from one district to another it doesn't affect your case processing time. (For people with GC filling I-130 for relative will not take this much time. Citizens filling I-`130 will take 3 to 6 months)
- If nothing works go to local USCIS office by infopass, ask the IO to change the address or check the address and the case status.
- At least you will get RFE if they need any thing else.

You can do one more thing, first get your citizenship and refile I-130, I-485, I-765, and travel doc. Within 6 months you will get approval if every thing is well (you might have all supporting documents to prove it's a bonafide marriage)

Best of Luck.

[Sapiens]

Hi,
Thank you for your earlier post/reply. I-130 has been approved now. Few questions to clear:
1. The priority date (PD) is not current yet, might be current next month (August). Do we have to wait the priority date to be current or can we file I-485 now as I-130 is approved?
2. If PD is current in August visa bulletin, can I-485 be filed on August 1? OR, first week of August? OR, as soon as the visa bulletin is published?
3. I-130 was approved by California service center (we moved during the application process). As we are in New York now, where do we file I-485?
4. As I am yet to become citizen, does my spouse has to worry about F-1 status once we receive I-485 acceptance notice?

Thanks in advance.
Sapiens

- You can't file N-400 along with your husband AOS. You should seperately file you application. ( On what basis your got GC)
- First check with USCIS why your I-130 is still pending- You filled when you're on GC but it should not be taken this much time. ( Is this your first marriage/did you got your GC on marriage based?)
- Call USCIS and talk to Tier 2 officer,or got to local USCIS office by info pass. Once you know the clearly about I-130 then you proceed for his I-485 and other.
- In my opinion once you become citizen then its very easy/fast to AOS in US.
- Please check current fee with USCIS.com, it will be almost $1080.
- Once his I-130 is approved, then he can file I-485 or once you become citizen which is a fastest way to adjust status.
- He can maintain his F-1 status.