Re-file 130

[venkat_medasani]

Hi,

My wife filed 130 form me in 2002 when she was LPR. We updated the petition when she became citizen in April 2005. I-130 got approved in Aug 2005. But we havn't received the approval letter (Status: undelivered by post office). We called NSC couple of times, updated address but there is no response. She also filed 824 for duplicate.
It seems to to be 824 takes long time like an year or more.
1) Can i file 485 without approved copy of 130 as we can file 485 with pending 130 ?
2) I am curious whether we can file another 130 again with 485 together as my wife was citizen now.
Sorry, i was on h1 now.
Guru's please advice.

thanks.

 

[atlanta28]

I am in somewhat similar situation...My wife applied for I-130 in March 2005 as Permanent Resident....Now she has become citizen and we have sent an upgrade request....But in my case instead of waiting for 130 to be approved, I have applied for 485 with a copy of my 130 petition and also the upgrade request sent.

Hopefully this should be OK. I should come to know shortly....Please share your experience...I do not see answer to this question anywhere in these forums....

 

[amishah]

I was in the simillar situation. But instead of upgrading my I 130 and wait for their response for unknown period of time, I cancelled my old I 130 and without waiting for it to be cancelled I filled a new I 130 with I 485 ( I was advised by an immigration officer to do this). You can see in my timeline that I am done with my interview too.