Never "upgraded" I-130 before AOS interview

zappy

New Member
I'm 30 years old, single, and am being sponsored by my USC-mother. (I am in the US in H-1B status.) When she filed the I-130, I was over 21 and she was not yet a citizen, so the I-130 approval notice shows that I'm in "F2B" category. When my mother became a citizen, we sent USCIS a copy of her naturalization certificate and called the 800 number and told them that I should now be in "F1" family visa category, but they never did anything. Now, my priority date is current based on the "F1" category and I would like to file I-485.

My question:

At the adjustment interview, is it sufficient to just show the interviewing officer my I-130 approval notice (even though it says "F2B" on it), along with my mother's naturalization certificate (she would of course be there with me)? Can they just "upgrade" my case to 1st preference then and there, or do I need an I-130 approval notice with the correct "category" printed on it?

Thank you!
 
This should work.

At the adjustment interview, is it sufficient to just show the interviewing officer my I-130 approval notice (even though it says "F2B" on it), along with my mother's naturalization certificate (she would of course be there with me)? Can they just "upgrade" my case to 1st preference then and there, or do I need an I-130 approval notice with the correct "category" printed on it?
 
You're putting the cart before the horse. You won't get the adjustment interview in the first place unless you do the upgrade to F1 first, because you are not current in F2B and therefore cannot yet file I-485 based on F2B.

What you need to do is file the I-485 along with a copy of the I-130 approval and your mother's naturalization certificate, with a cover letter explaining the upgrade situation. Then once they issue the I-485 receipt you can be confident that they have recognized the upgrade. Of course, you still have to bring her natz certificate to the interview anyway.
 
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