Became a citizen recently. How to adjust my wife's I-130 status?

C

cive1em

New Member
I think this may be a common question.

I became a US citizen recently. I filed I-130 for my wife long time ago when I was a green card holder. She is in V visa right now.

I am not sure what to do next. Does my wife's I-130 filing still valid? Do I need to refile a I-130 again? or do I need to file other forms?

Someone told me I can just send a letter to local INS to adjust my status from GreenCard holder to a citizen. I am not sure this is correct or not.

Any suggestion is welcome. Thanks in advance.

Lc
 
Same situation

I had exactly same scenario except one thing, our I-130 (based on Green card) was approved. I sent all forms along with I-130 approval notice to Local INS. That worked and my wife already received the EAD and advance parole within a month from San Jose office. we are waiting the big day now, the interview.

for you I can suggest, you do the same and send the receipt notice that you have when you applied for I-130. That should do it. it is their responsibility to get the original I-130 application from the service center. But explain everything in a separate sheet of paper and that worked for me.
 
> Someone told me I can just send a letter to local INS to adjust
> my status from GreenCard holder to a citizen. I am not sure
> this is correct or not.

Do you know where your wifes case is right now ?

From what I remember (case in the family), this is what you have to do:

Send a letter in reference to your wifes pending petition explaining that you have been naturalized to the local office or processing center handling your wifes case. Append a copy of your naturalization certificate and a copy of the receipt notice. There is no particular form for this process.

You don't have to re-file, they just have to pull the file and change the category.
 
EAD based on V

Romit,
When your wife filed for AOS, while on V1, did she had EAD based on V & was it valid?

I want to know becoz I am on V1 with EAD based on V1 valid till 2006. Recently I applied for AOS(I-485 with I-130 approval notice), but didn't applied for EAD, as I am under impression that I can work with EAD which was issued with V1.

If you were advised to apply for EAD along with I-485, by any attorney, please let me know.

I would really appreciate your answer.
 
sap12452003 said:
Romit,
When your wife filed for AOS, while on V1, did she had EAD based on V & was it valid?

I want to know becoz I am on V1 with EAD based on V1 valid till 2006. Recently I applied for AOS(I-485 with I-130 approval notice), but didn't applied for EAD, as I am under impression that I can work with EAD which was issued with V1.

If you were advised to apply for EAD along with I-485, by any attorney, please let me know.

I would really appreciate your answer.
Click to expand...

Yes, my wife had an EAD based on V-1 and it was valid when we applied for AOS. I did not consult any attorney while applying for AOS, but I thought there is nothing wrong to get another EAD based on the current status.

I personally think you may not have any problem, but who knows. It is better to find the correct answer from an attoney in this case.

Hope this helps.
 
cive1em said:
I think this may be a common question.

I became a US citizen recently. I filed I-130 for my wife long time ago when I was a green card holder. She is in V visa right now.

I am not sure what to do next. Does my wife's I-130 filing still valid? Do I need to refile a I-130 again? or do I need to file other forms?

Someone told me I can just send a letter to local INS to adjust my status from GreenCard holder to a citizen. I am not sure this is correct or not.

Any suggestion is welcome. Thanks in advance.

Lc
Click to expand...
 
all you need to do is simply upgrade your wife petition from that of spouse of gc holder to spouse of us citizen by sending a letter with a copy of your naturalization certificate to the service centre where you filed her i130 so that a visa number will be immediately available to her.
 
You can always write the letter w/ proof of citizenship, that way may be they will process I-130 faster, but doesn't give ur spouse GC, untill you file I-485 to adjust the status or go for consular processing.
So, If you still have I-130 pending, file I-485 w/ I-130 receipt notice & a cover letter explaining that you have filed I-130 when your spouse was GC holder, but he/she is now USC, so, as an immediate relatives, IV becomes immediately available to him.. Once you file I-485, the local service center will immediately seek I-130 from service center & will adjuricate both I-130 & I-485 at the same time.
 
Hey Romit

I have some strange question..
I was here on H1.. So, I never had A#. However when I applied for V1 & EAD, & got the receipt notices for both, the receipt notice for I-539 showed my name & some A xxxxxxxxx, on right top side of the receipt notice. I don't & didn't know that it was my A#.. That number was also there when I got approval notice for I-539(V1). However, when I got my EAD , based on V1 Its showed clearly on top mentioning INS A # xxx-xxx-xxx. Which was different then what was mentined on V1 COS approval notice.. Can you check, whether this is the case with your wife?

Which is my correct A #?
 
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