When I can submit 485?

[sjk_s78]

I am in US with H1 Visa. My spouse was Green card holder and submitted 130 for me, which have priority date May 2010. Now she became US citizen last week. So what I need to do to change my status? Can I submit 485 directly ?

[kabkaba]

Your spouse will need to amend or re-file I-130. He/she should consult an attorney about it. After that if the priority date for your new category is current you can file 485.

[daru786]

I am in US with H1 Visa. My spouse was Green card holder and submitted 130 for me, which have priority date May 2010. Now she became US citizen last week. So what I need to do to change my status? Can I submit 485 directly ?

File an I-485 and also inform USCIS that your spouse is an USC so they could upgrade your application.