Can we upgrade I-130 and file I-485 at the same time?

V

vlad_b

New Member
Here is our situation:

I was a 10-year Green Card holder when got married to my husband in 2007.

We filed I-130 then (in 2007). My husband entered USA ligally because he had a J-1 visa. Visa is expired long time ago but he lives with me in USA.

I became a citizen of United States in November of 2009. I also changed my last name (my naturalization Certificate is with my husbands last name)
Right after I became a citizen, we received a "request of evidence", requesting G-325 forms from both of us; Divorce papers from my previous marriage and our Photos.

The question is:

Can I send all the documents in together, which are:

-reply to request of evidence to I-130
-upgrade our I-130 because i am a Citizen now
-change my last name (i am not sure if i need to fill out any form for that)
-I-485 for my husband (application for his Green Card)?

If i can not do this way, what is the best proper way to proceed with my husband's Green Card application?
 
You should send the RFE respose, just like they are requesting, make sure you write on the envelop, RFE Response.
you do not need to upgrade, that happens automaticly and you will recive an approval letter soon.
Send your I 485 with a copy of the receipt for I 130 to the correspondnt Service center.
Good Luck.
My case was just like yours (sent I130 on 2007, and hubby became a USC on 2009) My process after I sent I485 took only 85 days!)
 
When you file the I-485, they will upgrade the I-130 automatically (assuming you include a copy of the I-130 receipt and proof of your naturalization with the I-485).

But first respond to the RFE separately. Don't file the I-485 together with the RFE.
 
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