Fresh-mint USC, with wife and new-born baby still pending F2A interview

C

Carlz

Registered Users (C)
OK my situation is a bit complicated:

In 2007 when I was still LPR, we filed greecard application for my wife who lives outside of the US.

In March 2010 her I-130 got approved and cased moved to NVC.

In April 2010 we had a baby boy.

In May NVC informed us for DS-3032, I-864 and DS-230.

I have updated NVC on the new addition of the family member, and paid AOS fee and IV fees ($70 + $400 + $400) for both of them.

Now I am getting all the civil documents to sent along w/ DS-230 (not yet)

Several days ago I became USC, and since then I have been studying this all related topics of how to "upgrade" our case, and all the problems associated with it,

So based on my understanding, there are two things that I need to do:

1. Call NVC, send them my naturalization certificate to change the visa category of my wife's case.

2. Need to file another I-130 for my son to USCIS, and wait for I-130 approval.

Is that correct? Anything else should I do? Thank you very much.
 
No need to file I-130 for your son, he will get derivative PR with your wife, inform NVC that after you filed for your wife you had a child and they will ask you to send his Birth certificate and will include him on the existing I-130. When he comes to US and since you are a Citizen now upon entry he will be a Citizen under the Child act and you can either apply for his US Passport (Much Cheaper) as a proof of Citizenship or apply for N-600 Citizenship Certificate with USCIS.
Sorry you said you already paid for his AOS and IV fee, well then that's done, I will leave it alone and not upgrade the petition at this point, because right after you file the originals, they will be scheduled for the interview at the embassy.
 
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No need to file I-130 for your son, he will get derivative PR with your wife...
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That is incorrect. His son will be classified as an Immediate Relative of a USC, which means he will need a separate I-130. Unless there is a provision I don't know about that allows keeping the wife and child in the F2A category despite the naturalization of the petitioner.
 
Jack I know not just one but at least three people that have maintained F2A even though they were Naturalized and were able to get IV, I don't know if those folks just kept their mouth shut and slipped thru or upgrading a petition is voluntary then mandatory.

Carlz ! can you call NVC and find out What's the scoop on this one and update us here, it will be a great learning experience.
 
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Thank you very much namecheckvictim and Jackolantern.

I will call NVC this Monday and update the result here.

Based on what I have read on USCIS or maybe NVC websites, they do say that after becoming USC, children cannot use the derivative route anymore to tag along the main beneficiary (in this case my wife), and have to file separate I-130 to USCIS.

Anyway, I will call and update you - again Thank you, and hope namecheckvictim you are no longer a victim anymore.
 
namecheckvictim said:
Jack I know not just one but at least three people that have maintained F2A even though they were Naturalized and were able to get IV, I don't know if those folks just kept their mouth shut and slipped thru or upgrading a petition is voluntary then mandatory.
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That is an important difference. If they only got through like that because they kept their mouth shut, that could present problems for the petitioner or dependents in the future, particularly in other immigration proceedings (e.g. citizenship for the spouse). I would not advise anybody in the OP's situation to stick to F2A unless there is a provision of the law that specifically allows it.
 
Thanks.

btw do you know whether we need to file G-325A again along w/ the I-130 for the child? The instruction does not list G-325A for kid (for spouse only), however I have heard different opinions as G-325A may still be needed for kid's I-130?
 
Would appreciate your inputs on the following?

What is the procedure for upgrading once you become a USC and what are the docs required?

Does it make more sense to apply for I-130 after you become a USC or apply few months beforehand and then upgrade once you are USC. I am looking at the optimal route and path of least resistance.
 
Hello solicit,

The procedure for upgrading case category will be different depends on which step you are at - I-130 approved or not. Have you already filed?
 
solicit said:
Does it make more sense to apply for I-130 after you become a USC or apply few months beforehand and then upgrade once you are USC. I am looking at the optimal route and path of least resistance.
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Is the beneficiary inside or outside the US? If outside, the path of least resistance is to file I-130 after you become a USC. The upgrade process involves you having to repeatedly call, email, fax, etc. to push them to get it done and get confirmation that they did it (and sometimes they'll say they did it when they didn't). Filing after becoming a USC avoids those hassles.

If the beneficiary is inside the US, there is no real upgrade process. Just file the I-485 and associated paperwork including a copy of your US passport or naturalization certificate, and they'll see that you are a US citizen and proceed with the I-485.
 
Thanks Carlz for your inputs .

Not sure where it will be ( I-130 approved or not) when it gets to the point I am a USC. I can apply for my citizenship in Jan 2011. Since my spouse is outside US and since she has no other means to be here , I really want to follow the fastest route.

Can U guide me on the upgrade paths in either cases. That would really help me decide if i should apply for I-130 now or wait to be a USC or not. Most people have suggested that I go ahead and apply now and upgrade.


Carlz said:
Hello solicit,

The procedure for upgrading case category will be different depends on which step you are at - I-130 approved or not. Have you already filed?
Click to expand...
 
Thanks Jackolantern for your inputs.

Beneficiary is outside the US and this will be CP . Granted that i have 6 more months before I can apply for citizenship, does it make sense to apply I-130 now and try to upgrade after the citizenship? I certainly want to approach the end result within the least possible time frame , esp since we are living apart now and pinning all my hopes on this process.

I wouldn't mind going through the extra hassle interms of money and effort if it can result in time savings... Look forward to your inputs..

Jackolantern said:
Is the beneficiary inside or outside the US? If outside, the path of least resistance is to file I-130 after you become a USC. The upgrade process involves you having to repeatedly call, email, fax, etc. to push them to get it done and get confirmation that they did it (and sometimes they'll say they did it when they didn't). Filing after becoming a USC avoids those hassles.

If the beneficiary is inside the US, there is no real upgrade process. Just file the I-485 and associated paperwork including a copy of your US passport or naturalization certificate, and they'll see that you are a US citizen and proceed with the I-485.
Click to expand...
 
Solicit,

Since you will be able to file citizenship app in Jan 2011, I would guess that there is a good chance you can get citizenship approved by June 2011 (according to the national guideline).

Then add another 5 months of I-130 processing time (again, national guideline), your I-130 probably will get approved by USCIS Nov. 2011.

After that you will get notification from NVC for all the DS-3032, I-864, and DS-230 stuff - the time wait between USCIS approval and the NVC notification I do not really know, but let's say give it a month, and plus two more months (to be safe) for NVC to process all the docs. Adding all together, I think the latest by Feb. 2012 your wife should receive interview notice - if you file after you get citizenship.

If you file as LPR's spouse, then really hard to tell - I filed my wife's case in Jan 2008, and got her I-130 approved Jan 2010.
 
solicit said:
Beneficiary is outside the US and this will be CP . Granted that i have 6 more months before I can apply for citizenship, does it make sense to apply I-130 now and try to upgrade after the citizenship?
Click to expand...

Filing the I-130 as a permanent resident means they put it into a slower queue, so by the time you become a citizen early next year it may still be collecting dust somewhere (i.e. nobody began the processing on it other than to print a receipt). If that happens, they still have to do the processing after your citizenship AND also do the upgrading, possibly making it take longer overall. And for some people they take excessively long to perform the upgrade, so it still sits pending for several months or even a year after they get citizenship.

On the other hand, you could get lucky and they approve the I-130 before you become a citizen, so all that is left is the upgrade. And if you're lucky again, they'll handle the upgrade quickly.

So basically it is a risk/reward situation. File it before becoming a citizen, and you risk it going slower due to being in the permanent resident queue and the problems of the upgrade process, or you may win the reward of having it done more quickly by getting the I-130 approval ahead of time. Either way can be faster or slower. But filing it before citizenship has the bigger risk of it taking unpredictably long due to the miserable upgrade process.
 
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Hello folks,

Just to give you a quick update.

I have filed the I-130 stuff for my kid on July 23rd to Chicago lockbox. So far no news yet (no notice of action).

I have not yet updated NVC on my wife's case (F2A -> F1), but will need to do it soon I guess.

Will keep you updated on the case.
 
thanks Jackolantern, yes IR it is.

i just automatically assumed it will be still F category, and 1 goes higher than 2A, :)
 
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