2nd I-130

K

krish24

Registered Users (C)
Hi,

I applied for my wife(I-130) as a LPR in 2002. It’s not approved yet. I am going to take my citizenship oath in 2 weeks. As I have heard that it could take up to 6 months if somebody upgrades the application for approval. Can I apply again—I mean submitting new I-130 application for my wife? If yes then what is the procedure to cancel the first one? Thanks.
 
krish24 said:
Hi,

I applied for my wife(I-130) as a LPR in 2002. It’s not approved yet. I am going to take my citizenship oath in 2 weeks. As I have heard that it could take up to 6 months if somebody upgrades the application for approval. Can I apply again—I mean submitting new I-130 application for my wife? If yes then what is the procedure to cancel the first one? Thanks.
Click to expand...
I had the same case. I filed I130 for my husband when I was LPR. After becoming a U.S. Citizen, I cancelled the I-130 for my husband because of the uncertaininty in timings to upgrade the case. I cancelled it(its in process) by writing a letter to the Service Center where I filed it. I had attached a copy of a receipt that I received for the I-130.
Also I have filed new I130 with I-485 after becoming U.S. Citizen. I did loose some money for my old I 130 but it is better than waiting for infinite period of time. I haven't heard anything about my old I 130 yet. But new one is in process. You can read my timeline below.
 
Thanks Amishah for your quick reply.NSC is processing I-130 (U.S filing for spouse) with receipt notice date October 3, 2003. My receipt notice date is September 16, 2002(applied as LPR). Now should I send new I-130 app or upgrade the previous one?
 
krish24 said:
Thanks Amishah for your quick reply.NSC is processing I-130 (U.S filing for spouse) with receipt notice date October 3, 2003. My receipt notice date is September 16, 2002(applied as LPR). Now should I send new I-130 app or upgrade the previous one?
Click to expand...
It really depends on if you want to wait or not. And also it depends on how soon Service center will response to you upgrade request. When I visited my local DO, I asked the officer that how long it will take to upgrade my case. She couldn't give me any timeline and I was in rush to apply so I cancelled my old one. Only thing I lost is my money but I had peace of mind.
For USC's spouse visa number is immediately available. You do not have to wait. They adjust I 485 & I 130 together.
What is your status rightnow?
 
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