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Thread: Upgrading I-130 for spouse

      
  1. #1

    Upgrading I-130 for spouse

    I have filed form I-130 for my wife (Currently H1 in US) and I am going to be a citizen soon. Her application is currently pending in Vermont. I tried to search on "Upgrading I-130" in different forums and did not find a good suggestion. Can someone please let me know the best way to upgrade her I-130 assuming that it will not be approved until I get my citizenship? Also, how soon can she file form I-485? Thanks in advance!
    Last edited by ApproveMe; 20th July 2012 at 10:46 AM.

  2. #2
    Join Date
    Nov 2006
    Location
    Naperville, IL, USA
    Posts
    12,524
    If she is already in the US, file her I-485 as soon as you naturalise with a copy of your I-130's NOA.


    Quote Originally Posted by ApproveMe View Post
    I have filed form I-130 for my wife (Currently H1 in US) and I am going to be a citizen soon. Her application is currently pending in Vermont. I tried to search on "Upgrading I-130" in different forums and did not find a good suggestion. Can someone please let me know the best way to upgrade her I-130 assuming that it will not be approved until I get my citizenship? Also, how soon can she file form I-485?
    Regards,
    S K Ghori
    skg@vex.net
    http://www.vex.net/~skg/

    **NOTE**
    I underwent the immigration process in both Canada and the US. I hold Pakistani, Canadian and US citizenship.

    **DISCLAIMER**
    I am neither a lawyer nor an immigration consultant. My comments should NEVER be considered as legal or professional advice as they are not meant to be such.

  3. #3
    Thanks Mr. Gori. Is this true even if I-130 is not approved? I have seen in some forums people suggest calling customer service or sending a letter to the service center if I-130 is not approved.

    Quote Originally Posted by Triple Citizen View Post
    If she is already in the US, file her I-485 as soon as you naturalise with a copy of your I-130's NOA.

  4. #4
    Join Date
    Nov 2006
    Location
    Naperville, IL, USA
    Posts
    12,524
    Even if the I-130 is not approved, all you need to do is attach a copy of the NOA to the I-485 package.

    Quote Originally Posted by ApproveMe View Post
    Is this true even if I-130 is not approved?
    Regards,
    S K Ghori
    skg@vex.net
    http://www.vex.net/~skg/

    **NOTE**
    I underwent the immigration process in both Canada and the US. I hold Pakistani, Canadian and US citizenship.

    **DISCLAIMER**
    I am neither a lawyer nor an immigration consultant. My comments should NEVER be considered as legal or professional advice as they are not meant to be such.

  5. #5
    So I got my citizenship and my wife sent forms I-485, I-765 & I-131 along with my citizenship certificate and I-130 notice. She received all three notices, but the I-485 notice says Family based 2A. Shouldn't it say IR?

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