Refilling I-130 after upgrade. Right Move?

[bigcake]

I became citizen in 08/04/2005 and upgraded I-130 I filled for my wife in 2002 the very next day (by calling them and mailing them the proof of citizenship.) The petition was still with NSC and has not been approved yet.

It took NSC 2 months to decide to transfer my I-130 petition to CSC in order to speed up the process. And it is now 11/03/2005 and I have not heard anything yet.

I am done waiting and am thinking about re-filing a NEW I-130 along with I-485, etc. I would appreciate your inputs in answering a few questions.

1). Does it take more than 3 months to get an upgraded I-130 approved? Am I too impatient? (A friend of mine filed an I-130 for his parents the day after he became citizen, also in 08/2005, and got the approval within a month. His case was also with NSC.)

2). If I do re-file, how do I answer Question D-2 on the I-130 form ("Have you ever filed a petition for this or any other alien before?") It seems to me is YES, but I don't want them to go back to the old case after I re-pay the fee.

3). Some posts suggested to simply file I-485 with the proof of citizenship and NOA of I-130. Is this better than re-filing I-130? How long does it take?

Thanks.

 

[LucyMO]

while I didn't have to upgrage my hubby's petition for me, I did file I-130 separately from I-485. I files I-485 before I-130 was approved - mailing a copy of notice of receipt for I-130 with the application and proof of my husband's citizenship.

I think you could go ahead and apply for AOS before your I-130 is approved without filing a new one. So, I'd go with option 3.