Concurrent Filing

[lonewolf]

Hey guys,

I wanted to ask this question before getting the services of a lawyer. My wife is a U.S National and we've been married for over a year. Can I file the I-485 and I-130 forms concurrently?

[newacct]

Are you in the US? Did you enter legally? Are you in removal proceedings? Your wife is a US citizen, right?

[lonewolf]

Yes, I'm in the U.S. I came in as an F1 student and I graduated college. I'm not in removal proceeding. She's a U.S National, not a citizen.

[newacct]

She's a U.S National, not a citizen.

You mean she was born in American Samoa and her parents were not US citizens?

[lonewolf]

newacct Yes she was. Her mom is now a U.S citizen though

[newacct]

For the purposes of petitioning relatives, non-citizen US nationals are treated like US permanent residents. So as the spouse, you would be in the F2A category. As you are not in the Immediate Relative category, you must be in status at the time you file I-485, and have always maintained status. Are you maintaining status now and have always maintained status? Since the F2A category is current now, I-130 and I-485 can be filed concurrently, if you are in status.

By the way, assuming that your wife is living in some part of the US other than American Samoa and is 18 or over, she most likely can apply for naturalization (to become a US citizen) at any time. Non-citizen US nationals can apply for naturalization under the same rules as US permanent residents, e.g. continuous residence in the US for the last 5 years, and physically present in the US for half of those 5 years. However, as a special rule for non-citizen US nationals, time spent in American Samoa counts for the continuous residence and physical presence requirements. So if she has spent the last 5 years in American Samoa or the rest of the US, she can apply for naturalization after residing in her current state or territory (other than American Samoa) for 3 months.

[lonewolf]

newacct Thanks for the advice earlier. My wife has decided to file for her citizenship. One of the requirements when filling online is the Permanent Resident Card. She doesn't have one, can she use her passport or birth certificate? Or what other proof of document can she submit?

[newacct]

Yes, she should be able to use her American Samoa birth certificate or US passport. If she uses her passport, she should include the endorsements page that says "THE BEARER IS A UNITED STATES NATIONAL AND NOT A UNITED STATES CITIZEN."