Hi:
I first want to say that I appreciate the fact that you take the time to answer so many people's questions. :-)
I am a permanent legal resident and I married my husband a month ago. He's currently out of status and about five years ago, his US citizen sibling filed an I-130 on his behalf and it was approved in the F4 preference category. I recently filed for citizenship, but I’m not sure how long that would take (probably a year or more) and we would like for him to be able to legally work as soon as possible. So...should I file a new I-130 for my husband or do we just have to inform the National Visa Center of his new status? Either way, would he get to keep his old priority date or would he get a new one? If the NVC updates his file and he gets to keep his priority date, would that mean we would be able to file his adjustment of status right away? His priority date is in 1998 and the F2A preference category which he is now eligible for (since we are married) is in March 1999.
Thank you,
Camille
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The priority date for the petition filed by your brother-in-law unfortunately cannot be transferred to any new petition that you file for your husband. Presuming that you will become a citizen within a year or so and in light of the long wait in the F2A category, the best thing to do at this point is probably to wait until you become a US citizen and then simultaneously file a new I-130 with your husband’s residence application.
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