Legal Question in Immigration Law in Pennsylvania
I am an HIB visa holder and my husband has a green card. He wants to proceed with filling for naturalization. The question I have is can he start with applying for naturalization first and then when he gets approved apply for my green card (adjustment of status) or can we just apply for both at the same time?
1 Answer from Attorneys
Your husband can file your I-130 now, but if he is going to file for naturalization, then I would recommend remaining in valid, H-1B status until he becomes a U.S. citizen, at which time you would be eligible to file for adjustment of status as an immediate relative. Otherwise, if he files the I-130 now as a Legal Permanent Resident, you'd have to wait until your priority date becomes current to file for adjustment, or until he becomes a U.S. citizen, whichever comes first.
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