is it optional to upgrade approved F2 I-130 to Immediate Relative?

[blkhawk]

just wondering if it's optional to upgrade my spouse's I-130 to IR after becoming a US citizen. My wife's priority date is going to be current next month but I will be becoming a US citizen around the same time. Any advice which route to take if I had the choice?

Thanks!

 

[Uncle Joe]

After you become US Citizen your wife should be qualify for Immigrant Visa and based on your time line you can chose or pay extra $ or wait your visa number.
If you got extra $ and wanna do it faster recall previosly submitted application and reapply as a Spouse of US Citizen

 

[blkhawk]

After you become US Citizen your wife should be qualify for Immigrant Visa and based on your time line you can chose or pay extra $ or wait your visa number.
If you got extra $ and wanna do it faster recall previosly submitted application and reapply as a Spouse of US Citizen

Actually, I am better off NOT upgrading because my wife's priority date will be current next month. I will be a US citizen around the same time. My two daughters are currently included on their mother's immigrant visa application, which NVC has started working on. They sent me the IV bill a couple of weeks ago.

So you're saying that I don't HAVE to upgrade?

Thanks for responding.

 

[TheRealCanadian]

So you're saying that I don't HAVE to upgrade?

You don't need to formally "upgrade" the petition (there is no such legal process anyways) but it is important that your spouse lets the consulate know of your status as a US citizen. She is no longer eligible for an immigrant visa in FB2.

 

[wantmygcnow]

You would have to file a new I-130 for your daughters if you become a citizen and their f2a visas have not been approved. Which means going through nvc and it's slow process again.
If your pd is current by next month and you get an interview by next month.. I would suggest delaying your USC interview or you will delay to be united with your family for 3-4 months.

Once you are a USC, your children can't be included as derivatives with your wife. They come under IR category.

But before you delay your USC interview make sure your pd is current. F2a dates have gone backwards in the past too.

 

[wantmygcnow]

After you become US Citizen your wife should be qualify for Immigrant Visa and based on your time line you can chose or pay extra $ or wait your visa number.
If you got extra $ and wanna do it faster recall previosly submitted application and reapply as a Spouse of US Citizen

You don't have to reapply or pay more fees. You just upgrade your I-130 to Spouse of a u.s citizen.

 

[blkhawk]

ok let me explain my situtation a little more.

I submitted an I-130 for my wife back in Jan 2006. It was approved and forwarded to NVC about 2 months ago.

I also submitted two I-130's for my twin daughters in Dec 2007. They are still pending.

After my wife's case had been forwarded to NVC, I contacted NVC in order to add my two daughters to their mother's application since they derive status in the F2A category.

NVC has sent me the IV application fee for all three applicants (even though it's one application for all three). My wife's priority date becomes current next month around the same time I will become a US citizen. So NVC is very close to wrapping up this case and forwarding it to the US embassy abroad for interview.

Here are my options:

Option #1: I would leave things as they are meaning I wouldn't upgrade my wife's case after becoming a US citizen. I don't know if this is allowed though (that is my primary question).

Option #2: I would upgrade my wife's case to IR. But then, I would have to notify USCIS as well after becoming a US citizen in order to upgrade my children's cases (no derivative status for IR category). Then I would have to wait for USCIS to process my children's cases and forward them to NVC which would re-start the process for the kids' applications. So this may take a while.

As you can see option #1 is the quickest, but is it against the law?

Thanks!!

 

[Jackolantern]

When she goes to the interview, they probably will ask her "is your husband still a permanent resident"? If you are a US citizen, she'll have to answer NO, which could cause problems and delays if you haven't already upgraded the petition.

If it is so important to maintain the category in FB2, simply request for your oath to be postponed.

 

[wantmygcnow]

ok let me explain my situtation a little more.

I submitted an I-130 for my wife back in Jan 2006. It was approved and forwarded to NVC about 2 months ago.

I also submitted two I-130's for my twin daughters in Dec 2007. They are still pending.

After my wife's case had been forwarded to NVC, I contacted NVC in order to add my two daughters to their mother's application since they derive status in the F2A category.

NVC has sent me the IV application fee for all three applicants (even though it's one application for all three). My wife's priority date becomes current next month around the same time I will become a US citizen. So NVC is very close to wrapping up this case and forwarding it to the US embassy abroad for interview.

Here are my options:

Option #1: I would leave things as they are meaning I wouldn't upgrade my wife's case after becoming a US citizen. I don't know if this is allowed though (that is my primary question).

Option #2: I would upgrade my wife's case to IR. But then, I would have to notify USCIS as well after becoming a US citizen in order to upgrade my children's cases (no derivative status for IR category). Then I would have to wait for USCIS to process my children's cases and forward them to NVC which would re-start the process for the kids' applications. So this may take a while.

As you can see option #1 is the quickest, but is it against the law?

Thanks!!

What I would suggest is, that you let NVC flow take its course and your USC process take its course. As another poster mentioned, you can always reschedule your oath.

Right now it looks like your F2A category will be current but remember that can change. So maybe next month, it goes back 2 months....in that case you would need your USC to make your wife and kids as IRs.

 

[TheRealCanadian]

I would leave things as they are meaning I wouldn't upgrade my wife's case after becoming a US citizen. I don't know if this is allowed though (that is my primary question).

It's not allowed, since your wife does not qualify under FB2.

Look, at some point either NVC or USCIS is going to pull your A-File, and they'll see you're a citizen. At which point the whole thing is going to get messed up and you'll need to file the I-130s for your children. So why not do it proactively once you get the oath done?

There's also a karma issue here. Your wife and children have been waiting so long because FB2 is hideously oversubscribed. And now you're going to be taking three additional visa numbers out of the FB2 quota for your family, instead of having them taken out of the unlimited IR pool. That might mean that someone else gets an interview and a GC, or it might mean that someone else gets to file an I-485 before their non-immigrant status runs out. It might delay you a little bit and cost you some money, but you'll be a doing a good deed for someone else.

 

[blkhawk]

It's not allowed, since your wife does not qualify under FB2.

Look, at some point either NVC or USCIS is going to pull your A-File, and they'll see you're a citizen. At which point the whole thing is going to get messed up and you'll need to file the I-130s for your children. So why not do it proactively once you get the oath done?

There's also a karma issue here. Your wife and children have been waiting so long because FB2 is hideously oversubscribed. And now you're going to be taking three additional visa numbers out of the FB2 quota for your family, instead of having them taken out of the unlimited IR pool. That might mean that someone else gets an interview and a GC, or it might mean that someone else gets to file an I-485 before their non-immigrant status runs out. It might delay you a little bit and cost you some money, but you'll be a doing a good deed for someone else.

Actually, you are right. Upgrading my family visa category to IR will free up three visa numbers for other people in the queue. This wouldn't cost me more because my kids already have pending I-130's and I haven't paid the immigrant visa fees ($1200 for three applicants).

When I asked NVC about whether I'd be repaying the fees if I ever had to upgrade all three cases, they said I would have to pay the fees again even if the fees were already paid the first time. Can you believe this?

That is the main reason why I am gathering information before I go ahead and pay the IV fees as F2A.

I think I am going to wait until I have become a US citizen and then call NVC and USCIS to upgrade all three cases. I am hoping it won't be long before USCIS processes my kids' applications (been pending for 2 years).

Thanks guys. you have been extremely helpful.

 

[Jackolantern]

Actually, you are right. Upgrading my family visa category to IR will free up three visa numbers for other people in the queue. This wouldn't cost me more because my kids already have pending I-130's and I haven't paid the immigrant visa fees ($1200 for three applicants).

When I asked NVC about whether I'd be repaying the fees if I ever had to upgrade all three cases, they said I would have to pay the fees again even if the fees were already paid the first time. Can you believe this?

They really said that if you paid the immigrant visa fees when in F2A, then upgraded the petitions to IR, you would have to pay the immigrant visa fees again? Or were they or you misinterpreting something?

 

[blkhawk]

You wouldn't pay anything "again". There is a separate fee of $400 ($355 + $45 "security surcharge") for each immigrant visa, which has to be paid on top of the I-130 fee that you already paid, whether they get green cards via FB2 or as Immediate Relatives. If they were in the US and filing AOS, you would be paying $1010 each, in addition to the I-130 fee.

I totally understand the separation of the fees. The NVC customer rep clearly stated that even if I pay the IV fees on behalf of daughters now ($400 per person), I will have to pay them again if I ever decide to upgrade their cases to IR. He suggested that I wait until I have become a citizen and then upgrade my kids' cases to IR with USCIS (which will then forward the cases to NVC to be processed separately from their mother's). This way I would avoid repaying $800 in IV fees.

 

[wantmygcnow]

I totally understand the separation of the fees. The NVC customer rep clearly stated that even if I pay the IV fees on behalf of daughters now ($400 per person), I will have to pay them again if I ever decide to upgrade their cases to IR. He suggested that I wait until I have become a citizen and then upgrade my kids' cases to IR with USCIS (which will then forward the cases to NVC to be processed separately from their mother's). This way I would avoid repaying $800 in IV fees.

Bikhawk, I checked with NVC. You don't have to pay the fees again. You do need approved I-130 for your daughters if you became a USC. If you paid the IV fees now for all and let's say you become a USC then the paid iv bill on the mothers I-130 will be linked to the childs I-130. The embassy will see that the iv bill was paid for your kids when the look them up in the dos fee bill system.