I-130 is pending but now US citizen, what's next?
I have been wondering what is the best route to go about my wife's AOS since I became naturalized citizen last month. Our I-130 was pending at VSC. Should we just up-date/expedite I-130 or have it transfer to Newark SC?
I want to share with you what I think is the best route after going back to the Newark and spoke with the immigration officer after the oath ceremony on a different day. Options 1 and 2 are what the lady (USCIS officer) suggested we can do and what they will accept at Newark.
OPTION 1: This option is fast only if you have all your paperwork and documents in place for I-485 and the others (EAD and/or AP) you wish to include. You may mail the following along with your I-485 (AOS with EAD or AP if applicable):
* the I-797 (NOA and proof of payment for I-130) of your pending I-130;
* copy of your submitted I-130;
* copy of sponsor's naturalization certificate;
* AR-11: Alien's change of address (if applicable).
Do not cancel you original I-130 with VSC, or else you will have to pay the I-130 fee again. Newark will contact VSC to get the payment and the original I-130 on your behalf.
This will work very well because your I-485 will get the earliest priority date possible.
OPTION 2: This work well, if you still need time to get your I-485 ready. Simply send the following to VSC (where your I-130 is pending):
* copy of your naturalization certificate;
* copy of your I-797 (NOA) of your submitted I-130;
* AR-11: Alien's change of address (if applicable);
* a letter to mention that your are now US citizen and ask them to expedite your I-130 case.
I picked this route and VSC received my updated info on the 18/Oct/2004. I got an email this morning regarding my I-130 approval on 8/Nov/2004. I will get the NOA in the mail soon. As you can see, it takes less that a month to process I-130 for US citizen.
OPTION 3: This is one of the options an USCIS representative may tell if you call the 1-800 number. You can write to VSC (where your I-130 is pending) with the updating information (e.g. same package as option 2 above) but ask them to transfer the package to Newark. However, when you send your I-485 package as in option 1 and include a letter mentioning that your I-130 will be transfered to Newark.
I personally don't feel too comfortable with this option. There is a slight chance that document may get lost. Since your I-485 is not logged into the system yet, Newark may not know what the I-130 is for unless they get your I-485 first.
So there you go, no one knows we can use option 1 to send I-485 package with only NOA of I-130 and yet no need to pay the I-130 fee again. Good luck to you all.
Kenmw
I-130 - approved 8/Nov/2004