How to Upgrade I-130 Status

js360

Registered Users (C)
I know your all gonna say search the forum, but i have and i see so many different answers, this should be a sticky with the correct instructions if anyone can advise on how to correctly and the best or fastest way to upgrade an I-130 application to IR status from F2(i think f2, LPR applying for spouse and child).
 
I know your all gonna say search the forum, but i have and i see so many different answers, this should be a sticky with the correct instructions if anyone can advise on how to correctly and the best or fastest way to upgrade an I-130 application to IR status from F2(i think f2, LPR applying for spouse and child).

Hi. You have to write a letter to the office where the I-130 was filed. IN the letter you let them know that you naturalized. Also, attach a copy of the I-130 receipt notice and a copy of your naturalization certificate. I also recomend you to call the customer service and let them know that. There is an option over the phoe to upgrade petitions, then you will be talking to an official. wich may ask you for a copy of your certificate. That's why you have to send the lleter to. Keep a copy for yourself too. Expect like 3 weeks to get a letter back from them congratualating you for the citizenship, and telling you that the petition for upgrade was accepted, then they will foward your case to the office corresponding...

That's how it was my wife's upgrade process...
 
ok thanks, so does anyone know, after i upgrade the status, does it move back to the bottom of the pile, or will they process it faster or whats the time line issues.
 
ok thanks, so does anyone know, after i upgrade the status, does it move back to the bottom of the pile, or will they process it faster or whats the time line issues.

It will keep the original received date. However, after they receive your upgrade petition (phone call or letter), they will transfer your application to the local office for final processing and approval. In other words, the office where you sent originally your aplication will foward it like a week after the upgrade. The delay will be at the local office. My upgrade was made in may 25th, on July 08 the application made it to the local office, but it took them until january 08 to schedule an interview in order to approve it. However, if you become citizenbefore that, you dont have to wait for the I-130 to be approved to file I-485 (adjustment of status)...
 
what if im doing consular processing, cause thats what im gonna do, does it then have to wait to be approved? i still an contemplating wether or not to file for k3 and see which one is faster, cause correct my if im wrong, i can abandon the k3 and go CP is i-130 approved before k3? im getting really frustrated with all this, i thought getting naturalized would speed things up, but still seems its gonna take a year or so, even though i know thats a hell of a lot faster than 5 years, lol.
 
ok so i just called and upgraded the status, or she sent the request to upgrade, she said i didnt have to mail anything and that they will send a notice to me within 45 days, and they may request info, so should i mail copy of my natz cert anyways, she said that i should wait? but they should have it on file that i am a USC now anyways right so that i dont have to send anything?
 
ok so i just called and upgraded the status, or she sent the request to upgrade, she said i didnt have to mail anything and that they will send a notice to me within 45 days, and they may request info, so should i mail copy of my natz cert anyways, she said that i should wait? but they should have it on file that i am a USC now anyways right so that i dont have to send anything?

That's what I thought in the begining that they should know already you are citizen. The reason of the letter wiht a copy of the receipt notice of the application and the naturalization certificate was to made the upgrade formal! That's what my attorney did. I really dont know if that make a difference.
 
well i think ill just wait, im sure she would have said yea mail it too if it was really needed. ill just wait, im gonna file k3 anyways.
 
I hope everything will be ok wiht your case. Expect a confirmation letter from them telling you that the upgrade was made. We received like 20 days after the phone call. Then like a month after we received a NOA (something like the receipt notice) telling as that the case was moved to a local office.. so keep an eye on that!
 
Do I need to upgrade an approved I-130 petition ?

My case is a little different - I already have an approved I-130 petition for my spouse.
I applied for my spouse (I-130) as a LPR in early 2004. The case got approved in Sep 2004. I am going to take citizenship oath soon (March 2008) and my spouse will then file his Green card (adjustment of Status) as soon as I get my Naturalization certificate. My spouse is in legal status in US (H1B).

My question is - Can my spouse file his I-485 together with the I-130 approval notice to USCIS or do I need to first notify USCIS of my citizenship in order to upgrade the approved I-130 and wait till I hear from them?

I would really appreciate a response.
 
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