I'm a GC holder, Hubby is under VWP, been married for 4yrs, can Hubby get GC?

[myriamia]

Hi Everyone,
I have a few questions. So I got my GC thru Asylum on November 2011. I got married to my longtime boyfriend who was an F1 student in the USA, but by the time we got married he had already gratuaded and left the USA and came back under the VWP since he is French. We got married in December 2013 in the USA, hubby was under the VWP at this time. We' ve been travelling back on forth between France and the USA. I always file my taxes on time and each year and I do have a reentry permit as well in case I spent more than 6months abroad. I recently sent in my application for my citizenship N-400 on March 2018, and did my biometrics on March 23, 2018. I am still waiting for my Interview to be scheduled. I am currently back in the USA since October 2018 and my husband joined mid november 20018 under the VWP. We have decided that it is better we stay here and therefore I would like to apply for him to get his GC.
I would like to know if I should wait until I get my Naturalization approved to file for my Husband to get his GC? Or should I file now for him form I-130 and/or AOS since he is currently present legally in the USA based on the fact that he is married to a GC holder (F2A)?
Which one is quicker?
Thank you for taking the time to read and help me.

[newacct]

Hi Everyone,
I have a few questions. So I got my GC thru Asylum on November 2011. I got married to my longtime boyfriend who was an F1 student in the USA, but by the time we got married he had already gratuaded and left the USA and came back under the VWP since he is French. We got married in December 2013 in the USA, hubby was under the VWP at this time. We' ve been travelling back on forth between France and the USA. I always file my taxes on time and each year and I do have a reentry permit as well in case I spent more than 6months abroad. I recently sent in my application for my citizenship N-400 on March 2018, and did my biometrics on March 23, 2018. I am still waiting for my Interview to be scheduled. I am currently back in the USA since October 2018 and my husband joined mid november 20018 under the VWP. We have decided that it is better we stay here and therefore I would like to apply for him to get his GC.
I would like to know if I should wait until I get my Naturalization approved to file for my Husband to get his GC? Or should I file now for him form I-130 and/or AOS since he is currently present legally in the USA based on the fact that he is married to a GC holder (F2A)?
Which one is quicker?
Thank you for taking the time to read and help me.

You can file I-130 for him now if you want. But it will not allow him to stay here and file AOS before you naturalize. People who entered on VWP cannot do AOS except in the Immediate Relative category. So to immigrate in his category he would still have to do Consular Processing abroad. Or, if he stays here, he would have to wait until you naturalize, before he can file I-485 (since he would be upgraded to Immediate Relative category once you become a citizen). So either the I-130 is filed before you naturalize, and he files I-485 after you naturalize, or I-130 and I-485 are filed together after you naturalize. Filing I-130 earlier won't speed up when I-485 can be filed, so there is no benefit to filing I-130 before you naturalize, unless he intends to do Consular Processing abroad.

[myriamia]

Thank you for your help!

You can file I-130 for him now if you
want. But it will not allow him to stay here and file AOS before you naturalize. People who entered on VWP cannot do AOS except in the Immediate Relative category. So to immigrate in his category he would still have to do Consular Processing abroad. Or, if he stays here, he would have to wait until you naturalize, before he can file I-485 (since he would be upgraded to Immediate Relative category once you become a citizen). So either the I-130 is filed before you naturalize, and he files I-485 after you naturalize, or I-130 and I-485 are filed together after you naturalize. Filing I-130 earlier won't speed up when I-485 can be filed, so there is no benefit to filing I-130 before you naturalize, unless he intends to do Consular Processing abroad.