Spouse status changed from Permanent Resident to US Citizen

[Suboor]

Hello All

I got married to US Permanent resident(wife) on June 12 2013, and i am on F-1 status. For August 2013 Bulletin, the F2A(family based) category was surprisingly current and therefore i applied I-130, I-485,I-131 and I-485 together and was received by USCIS on August 26 2013(PD). I have got my EAD and AP on October 28 2013. My I-130 is still in "Initial review" when i check online on USCIS case status, and have now received Interview notice for I-485 which would be on Dec 20 2013.

But my wife is getting naturalized on Nov 21 2013 and she would be a citizen on that day.

Therefore, on Nov 21 2013, when she becomes a citizen:

1) Do i have to file another I-130? OR
2) Do i have to file another I-485? OR
3) Does USCIS cancels this application and would want me to apply from the scratch? OR
4) I dont do any changes, and i go to the interview and they would deny my application at the interview? OR
5) I would not have to make any changes?

Please help!

Thanks
Suboor

 

[Jackolantern]

Have your spouse write to USCIS with proof of her US citizenship and ask them to upgrade the petition from F2A to Immediate Relative. Include a copy of the I-130 and I-485 receipts.

At the interview, bring your spouse's US passport and/or naturalization certificate tell the interviewer about the upgrade request, and ask them to check if it was done (unless you already received acknowledgment of the upgrade before the interview). If it wasn't done, the interviewer should initiate the upgrade.

 

[Suboor]

What are the chances of getting a new Interview scheduled if i apply for a reschedule 485 interview

Thanks for your reply!

I have another question:
I live in San Jose, CA. So as per what i told earlier, the 485 interview is on Dec20,2013. But my wife has to travel back to her home country for her sister's wedding from Dec10-Dec27 which i have bought the ticket for already.

So, What are the chances of getting a new Interview scheduled if i apply for a reschedule 485 interview?
Do you think they will reschedule it depending upon the reason? The above reason is good enough to reschedule? Or do you think we shouldnt reschedule at all?

Please let me know.

Thanks
Suboor

Have your spouse write to USCIS with proof of her US citizenship and ask them to upgrade the petition from F2A to Immediate Relative. Include a copy of the I-130 and I-485 receipts.

At the interview, bring your spouse's US passport and/or naturalization certificate tell the interviewer about the upgrade request, and ask them to check if it was done (unless you already received acknowledgment of the upgrade before the interview). If it wasn't done, the interviewer should initiate the upgrade.

 

[Jackolantern]

So, What are the chances of getting a new Interview scheduled if i apply for a reschedule 485 interview?
Do you think they will reschedule it depending upon the reason? The above reason is good enough to reschedule? Or do you think we shouldnt reschedule at all?

If you reschedule, you risk getting denied. They frequently deny I-485 applicants who miss or reschedule the interview. You'll still be able to file a Motion To Reopen to reinstate the I-485 after denial, but that costs money and would cause the interview to be delayed by months.

If you're going to reschedule, send the reschedule request ASAP so it has a chance of being processed before the interview date. If it's not processed before the interview date, they'll deny you for not showing up.