Under F2A, now H1B married to US Citizen, what to do next?

K

kiekie

New Member
Hi, we are about to file for adjustment of status but am now confused and unsure, need help

1999 - I married an LPR in my country, LPR moved back to US
2003 - LPR filed I-130 for me
August 2005 - I-130 approved awaiting priority date under F2A
Sept 2005 - I received H1B and moved to US Nov 2005 and joined LPR
2007 - LPR now becomes US citizen

The I130 approval notice states NVC will forward approved petition to consulate. But since I am now spouse of a US citizen its supposed to make me eligible to file for AOS. Can I do that? I am however assuming the petition was forwarded to my consulate what do I do? Does that matter?

Please help
 
kiekie said:
But since I am now spouse of a US citizen its supposed to make me eligible to file for AOS.
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File the I-485. Enclose a copy of your I-130 approval notice, as well as a copy of your spouse's Naturalization certificate, and request to be processed as an Immediate Relative.
 
thanks! what worried me though is that the petition might have been transferred to NVC and forwarded for consular processing. I am however in the US. Can i do adjustment of status anyway? Do I need to file I-824?
 
kiekie said:
what worried me though is that the petition might have been transferred to NVC and forwarded for consular processing. I am however in the US. Can i do adjustment of status anyway? Do I need to file I-824?
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An I-824 is ONLY used to transfer a case from USCIS to DOS for consular processing. To do the opposite, just file the I-485. USCIS will request the file from NVC if it's been transferred.
 
TheRealCanadian said:
An I-824 is ONLY used to transfer a case from USCIS to DOS for consular processing. To do the opposite, just file the I-485. USCIS will request the file from NVC if it's been transferred.
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Thank you so much! Youre a great help!!!

Additional question:
Supposedly, our son (H4) is a derivative beneficiary from that approved petition but since we are now immediate relatives of a US citizen, he is no longer eligible for derivative benefits. Is this correct? So we have to is file I130 and I485 for him or just 485?
 
Since a separate I-130 was never filed for the child, a combo of I-130/I-485 is needed. Perhaps your original I-130 may work for the child too but I have my doubts. The plus side is, as soon as your son's GC is approved, he will become a US citizen.
 
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