I-130 Upgrade?

[arto]

Hey Guys,

My wife filled an I-130 for me while being a Green Card Holder back in 2007. Got a response that I'm not eligible at that time and basically it said try again later.

Now, my wife will be a citizen in a month. I know that there is an upgrade procedure, that would take me out of the waiting line and allow me to file i_485?

Do you know how should I proceed? Should we just disregard the old process and fill in I-130 again along with my I-485? Any comments will be highly appreciated...

 

[arto]

bump?

 

[Jackolantern]

My wife filled an I-130 for me while being a Green Card Holder back in 2007. Got a response that I'm not eligible at that time and basically it said try again later.

Did they reject that I-130? Or is it still pending? Or approved? Are you inside or outside the US?

You were not eligible for I-485 at that time, but if you were married you would have been eligible to have an I-130 filed and approved on your behalf, whether your spouse is a citizen or PR.

 

[arto]

Thanks for your reply. They approved my petition and gave me a priority date. It just that at this time there was nothing else ( since she was still a green card holder). Now that she's becoming a citizen, i need to fill in I-485 and I'm wondering whether I should refile I-130, or just attach the notice of approval ( or upgrade any other ways)

I'm in NYC already ( and have been for the last 4 years).

 

[aosing]

I-485 is still premature at this stage. From http://www.uscis.gov/files/article/B1eng.pdf :

What if I filed a petition for a relative when I was a permanent resident, but I am now a U.S. citizen?

If you become a U.S. citizen while your relative is waiting for a visa, you can upgrade your relative’s visa classification and advance the processing of that petition by notifying the appropriate agency of your naturalization. When you are a U.S. citizen, your spouse and any unmarried children under age 21 will have visas immediately available to them.

• If you become a U.S. citizen after your Form I-130 petition is already approved and it has been forwarded to the U.S. Department of State’s National Visa Center (NVC), you should notify the NVC that you have become a U.S. citizen. Requests to upgrade petitions due to the naturalization of the petitioner should be sent to:

National Visa Center
32 Rochester Avenue
Portsmouth, NH 03801-2909

Please include a letter with information regarding your relative, a copy of your Naturalization Certificate, and a copy of the petition approval notice. Once the NVC is notified that the petitioner has been naturalized, the NVC will immediately send the visa information on your relative to the designated U.S. Embassy or consulate abroad. To confirm that your approved petition has been forwarded to the NVC, you can contact the NVC’s automated record message system at 1-603-334-0700 and, with a touchtone telephone, enter your USCIS receipt number.

• If you become a U.S. citizen and your relative’s petition has not yet been approved by USCIS, you will need to notify the Service Center where you filed your relative’s visa petition. You should send the notification to the Service Center address located on the receipt notice you received when you filed your Form I-130 petition. Please include a letter with information regarding your relative a copy of your Naturalization Certificate, and a copy of the petition receipt notice. Call Customer Service at 1-800-375-5283 for additional assistance or if you are unsure about the status or location of your petition.

• If your relative is your spouse and he or she has children who are your natural children, stepchildren, or adopted children, and you did not file separate petitions for them, you must file a separate petition for each of them with evidence of your U.S. citizenship. Please include a copy of the receipt notice for the original petition.

 

[Jackolantern]

I-485 is still premature at this stage. From http://www.uscis.gov/files/article/B1eng.pdf :

What if I filed a petition for a relative when I was a permanent resident, but I am now a U.S. citizen?

If you become a U.S. citizen while your relative is waiting for a visa, you can upgrade your relative’s visa classification and advance the processing of that petition by notifying the appropriate agency of your naturalization. When you are a U.S. citizen, your spouse and any unmarried children under age 21 will have visas immediately available to them.

• If you become a U.S. citizen after your Form I-130 petition is already approved and it has been forwarded to the U.S. Department of State’s National Visa Center (NVC), you should notify the NVC that you have become a U.S. citizen. Requests to upgrade petitions due to the naturalization of the petitioner should be sent to:

National Visa Center
32 Rochester Avenue
Portsmouth, NH 03801-2909

The above is about consular processing, which is irrelevant to this situation. For someone already inside the US who is going to adjust status, they don't deal with the NVC.

 

[arto]

Exactly,

I have a feeling that somebody has to be notified about the upgrade, I'm just not sure who.

Do you think I should just go ahead and send i-485 with i-130 and my wife's nat certificate when she gets it?

Or should she call to upgrade?

Or maybe file in a brand new I-130 ?

Other than that I'm pretty clear on what has to be done...

 

[immig_geek]

List of forms

Hi Arto
I am in the process of getting my citizenship, applied early July 2009. My wife is a H1B holder and I am going to sponsor her GC soon.
Do you recommend that I file the paperwork now(I-130 and any other applicable documentation) or wait until I become a citizen.
Also, do you need to submit only (I-130, I-485 and I-765) only?

 

[PR81502]

No need for new I-130!!!!!!

Exactly,

I have a feeling that somebody has to be notified about the upgrade, I'm just not sure who.

Do you think I should just go ahead and send i-485 with i-130 and my wife's nat certificate when she gets it?

Or should she call to upgrade?

Or maybe file in a brand new I-130 ?

Other than that I'm pretty clear on what has to be done...

You just have to send a copy of the approval notice NOA I-797C for the I-130 USCIS sent your spouse, I-485, I-864 and I-765, (I-131 only if you are in the USA legally, not out of status for more than 180 days) as one package with all supporting documents. If you are out of status for more than 6 months do not apply for the I-131 and remain in the USA until you have the actual green card in your hand. Follow the I-485 and I-765 instructions very closely.
http://www.frenchlolie.com/en/content/i-485-package-adjustment-status-aos-permanent-resident

This link can guide you.

All the best

 

[amneni]

Exactly,

I have a feeling that somebody has to be notified about the upgrade, I'm just not sure who.

Do you think I should just go ahead and send i-485 with i-130 and my wife's nat certificate when she gets it?

Or should she call to upgrade?

Or maybe file in a brand new I-130 ?

Other than that I'm pretty clear on what has to be done...

Send I-485 with your I-130 approval notice and other needed documents. Don't have to call to upgrade.

 

[sv_raj]

Exactly,

I have a feeling that somebody has to be notified about the upgrade, I'm just not sure who.

Do you think I should just go ahead and send i-485 with i-130 and my wife's nat certificate when she gets it?

Or should she call to upgrade?

Or maybe file in a brand new I-130 ?

Other than that I'm pretty clear on what has to be done...

I was in the same situation and I filed the I-485 with a copy of the I-130 approval and a cover letter explaining that the I-130 was filed under LPR Spouse section and is now under USC Spouse section. I did try a upgrade by calling USCIS but it didn't help since I got an email response from the service center that the I-130 is no longer in their jurisdiction after the approval.

My wife's application is still pending, but I know of another friend who went through the same process and got his wife's I-485 approved. So I am hoping I did the right thing.

 

[ilovethe80s]

I was in the same situation and I filed the I-485 with a copy of the I-130 approval and a cover letter explaining that the I-130 was filed under LPR Spouse section and is now under USC Spouse section. I did try a upgrade by calling USCIS but it didn't help since I got an email response from the service center that the I-130 is no longer in their jurisdiction after the approval.

My wife's application is still pending, but I know of another friend who went through the same process and got his wife's I-485 approved. So I am hoping I did the right thing.

That's what I did last year. I was on H1B status when my husband filed for my I-130 (while he was a GC holder) in 2004. The I-130 was approved in 2007. He became a US citizen in 2008, and that's when I filed the I-485 with a copy of the I-130 approval. Like you, I did have a cover letter explaining the situation. I didn't have to call to upgrade. We had our interview 6 months after filing, and got my green card 7 months after filing.

 

[sv_raj]

That's what I did last year. I was on H1B status when my husband filed for my I-130 (while he was a GC holder) in 2004. The I-130 was approved in 2007. He became a US citizen in 2008, and that's when I filed the I-485 with a copy of the I-130 approval. Like you, I did have a cover letter explaining the situation. I didn't have to call to upgrade. We had our interview 6 months after filing, and got my green card 7 months after filing.

Thanks! It is good to know that this process has worked for others.