Please help! how to upgrade the petition within US ??

badluck2007

Registered Users (C)
Update - Please help! how to upgrade the petition within US ??

I filed I -130 for my wife in October 2010 when I was a LPR. The I-130 was approved in January 2011. But
we could not submit I-485 for my wife because of F2A retrogression.

Now I have been naturalized as a US citizen. How can I upgrade my wife's petition to immediate relative category?
In the USCIS website, it is said to upgrade the petition, we need to send naturalization certificate to NVC.
But it seems to me NVC handles immigration visa petitions which are processed overseas.

My wife entered the US legally and holds a F1 student visa. She is going to adjust her status WITHIN US.
 
Last edited by a moderator:
Just file her I-485 with a copy of your naturalization certificate (and other supporting documents, of course ... I-864, I-130 approval etc.) and they will figure it out and upgrade it. You don't have to specifically request the upgrade, since the I-485 is being filed after you became a citizen. Others who filed I-485 before the petitioner became a USC would have to make a special request to upgrade the pending case.
 
Here is some update and I hope someone could shed some light on my concerns/confusion/questions:

I filed my wife's 485 with chicago lockbox.
Received uscis email and text confirmation. Check of $1070 was cashed too.
Today the paper notice arrived in mail. However, I saw on the notice that, they still put "Family 2A" in the Classification box and "September 26 2010" in the Priority Date box, which was my wife's original PD in the 130 approval notice.

I'm confused. Did this AOS get updated? What should we do now? Also in the 485 form I used the A-number which appeared on the 130 approval notice. Did I screw up this AOS by doing that?
 
Last edited by a moderator:
Here is some update !

Here is some update and I hope someone could shed some light on my concerns/confusion/questions:

I filed my wife's 485 with chicago lockbox.
Received uscis email and text confirmation. Check of $1070 was cashed too.
Today the paper notice arrived in mail. However, I saw on the notice that, they still put "Family 2A" in the Classification box and "September 26 2010" in the Priority Date box, which was my wife's original PD in the 130 approval notice.

I'm confused. Did this AOS get updated? What should we do now? Also in the 485 form I used the A-number which appeared on the 130 approval notice. Did I screw up this AOS by doing that?


Update:

It is said God only help those who help themselves. Since no one could help me with the above dilemma, I decided to give it a try by myself. I figured out that people at Chicago lockbox knew what's going on and that's why they routed our application to NBC. But NBC just passively accepted whatever was sent to them and issued the notice based off of the previous I-130.

In late February, I sent a letter to NBC urging them to upgrade this AOS application, along with my naturalization certificate and the name change sheet again. In early March, I received two letters from NBC. One was to acknowlege the receipt of my communication and the other confirmed the UPGRADE.

Last Friday, on 4/13, we received both an email and text message about case status update. It says an interview letter for 5/17 appointment was sent out. On 4/16, we received the physical letter. Our interview will be 5/17, in Columbus, OH. I will keep you guys updated.
 
Last edited by a moderator:
Top