Applying I-485 with approved I-130

animmigrant

Registered Users (C)
I have an approved I-130 (for my wife) which I applied as a wife of a permanent resident. My wife is in U.S and currently with H1-B visa. Since priority date for spouse of permanent residents are not current, we were not able to apply for I-485.

I just became U.S citizen two weeks ago and now I am planning to apply I-485 for her. The question that I have is what do I do with approved I-130? Can I use the approved I-130 which was filed as a wife of a permanent resident or need to update I-130? If I need to update I-130, what is the process?

Thanks,
An Immigrant
 
you need to upgrade ur petition

...check here:

http://www.immihelp.com/greencard/familybasedimmigration/misc.html#upgrade

from the link:
Even though not required, as soon as you become a US citizen, notify NVC and send them a copy of your naturalization certificate and your I-130 approval notice. The National Visas Center (NVC) will upgrade your status to immediate relative. NVC will send the beneficiary any additional forms and information that may be required.
 
Thanks! Also spoke with an officer

I called USCIS 1-800 number yesterday and spoke with an officer. She said I can apply I-485 with approved I-130 and no need to upgrade the case. She asked me to attached approved I-130 with I-485 application.

Thanks,
animmigrant
 
I called USCIS 1-800 number yesterday and spoke with an officer. She said I can apply I-485 with approved I-130 and no need to upgrade the case. She asked me to attached approved I-130 with I-485 application.

Thanks,
animmigrant

How did the I-485 filing go for your wife? I too am in the same boat as you were. My spouse is an H1B working in US. I have an approved I-130. I am about to get my citizenship next month. Is it correct that I can apply I-485 with approved I-130 and no need to upgrade the case??

Please let me know. I would appreciate a response.
 
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