Wife becoming Citizen..How do I upgrade I-130!

[reddysaab]

Hi My wife is becoming a citizen next month. She has already filed for my I-130 when she was LPR and it has been approved. It has been forwarded to the National Visa Center NVC. How do i upgrade it now ? Can I immediately file for I-485 or do I have to wait until I hear from NVC ! Please explain. your help will be much appreciated.

[Triple Citizen]

Assuming you are in the US, yes you may file an I-485 as soon as she takes her oath.

Originally Posted by reddysaab

She has already filed for my I-130 when she was LPR and it has been approved.

[gnr5]

That's the same cas as me, I was a LPR and became a USC (I'm petitioning my wife).

You have to call the 1-800 number so they can update your case, then they will send you a letter recognizing the change and then they approve the i130. (Everything takes about 4-5 weeks).

However, I did an infopass and the officer told me not to wait for the approval notice, just update the case via the 1u800 number and then send the i485, along with the i130 (filled it out again) attach a copy of receipt, attach USC certificate and a post it saying that the i130 was filled and Im a USC.

I did that I my checks were cashed and everything went through.

[fromnaija]

From this link:
http://www.uscis.gov/files/article/f_english.pdf

If you became a U.S. citizen after we approved your
I-130 relative petition, and want to upgrade it:
- If the petition is already with the U.S. Department of State’s
NVC, send a copy of your naturalization certificate to the NVC
with a cover letter explaining your request. In your letter, be
sure to give the case number, and the name and date of birth
of the person for whom you filed the petition.
- If our approval notice indicated that we were keeping
the petition, then to upgrade it, you should file an I-824
application; or if a visa number is immediately available for
the person for whom you filed the petition, if he or she is
otherwise eligible, have him or her file an application with us
for permanent residence.

[js360]

Originally Posted by gnr5

That's the same cas as me, I was a LPR and became a USC (I'm petitioning my wife).

You have to call the 1-800 number so they can update your case, then they will send you a letter recognizing the change and then they approve the i130. (Everything takes about 4-5 weeks).

However, I did an infopass and the officer told me not to wait for the approval notice, just update the case via the 1u800 number and then send the i485, along with the i130 (filled it out again) attach a copy of receipt, attach USC certificate and a post it saying that the i130 was filled and Im a USC.

I did that I my checks were cashed and everything went through.

i did the same as you, but i did not fill out I-130 again, i just sent the receipt notice for the i-130 with my i-485. will they send it back???

[reddysaab]

Thank you so much for the info. Let me summarize this a little bit because i still have few questions.

The approved I-130 petition is with NVC; so i guess my wife will have to send a upgrade request letter to NVC with a copy of Naturalization certificate and the approved I-130 petition (the one she filed when she was LPR)

I also understand that I don't have to wait to hear from NVC but can go ahead and file for I-485 (mail to the Lockbox facility). Am i right?

Do i have to undergo medical exam before I send the I-485 !

[js360]

yes attached approved i-130 with i-485, and yes you have to do medical examination and must be done by a civil surgeon,they will put the records in a sealed envelope and you send that with the i-485, do not open the envelope, you can request a copy of everything they put in it if your curious.

**edit**

sorry, yes you must request upgrade first, for approved i130 at nvc, sorry but i am not too sure on how to upgrade that one.

[LolaLi]

Thanks guys for this - I had posted a similar question a few days ago and am glad to see the great guidance on here.

I was a bit worried as to way the approved I-130 was sent to NVC in the first place. But now it looks like this is what is done if there isn't a visa number available.

[reddysaab]

To upgrade the petition we just have to send copies of naturalization certificate and the I-130 approval notice with a covering letter requesting upgrade of petition(to the NVC). I am going to wait a week after that and then file I-485 package to the USCIS lockbox.

Does this sound appropriate or are there any risks in doing so !

[LolaLi]

Originally Posted by reddysaab

To upgrade the petition we just have to send copies of naturalization certificate and the I-130 approval notice with a covering letter requesting upgrade of petition(to the NVC). I am going to wait a week after that and then file I-485 package to the USCIS lockbox.

Does this sound appropriate or are there any risks in doing so !

Actually, I think you need to send the a copy of the I-13- approval notice, the naturalization certificate with the I-485 package that you file at the USCIS Lockbox. Then you need to notify NVC that you are filing AOS as the NVC deals with consular processing (CP) only.

I am in the same situation as you. My wife's approved 1-130 is at NVC and I do not want CP - so I am planning on sending them a letter letting them know that we are adjusting status within the USA or AOS and then filing everything at the Chicago Lockbox.