Updating I-130 for Spouse (I was a GC holder, and now I am Citizen)

G

gujboy75

Registered Users (C)
I've filed for my wife in April 2004 as a G/C holder back then. On Sept 23rd I got my Citizenship certificate. Here is my time line - please advise how to proceed further: INS is not listening and/or cooperating with me in updating my file.

April 2004
- receipt date for my wife's I-130 (I was a G/C holder then).

Sept 23rd, 2005
- I became a US Citizen.

Sept 23rd, 2005
- I called the National 1-800 # and updated the file, gave them my Citizenship certificate number.

Oct 5th, 2005
- got a letter stating my I-130 upgrade requested. Status showed outside processing time. And then it stated something to nature that "this application has not yet been processed ..." sorry I dont have the exact verabe in front of me.
- I called the 1-800 # again, inquiring about this statement/letter and they said it takes 60 days for the file to reach an immigration officer and I should hear something.

Dec 5th, 2005 (60 days later)
- I've not heard anything, called again - gave them all my info and my wife's info and my situation.
- They said, another 3-4 weeks for the file to reach the immigration officer. Until then, there is nothing I can do.

1) Did I follow the correct procedures?
2) How much longer before I hear something back from them?
3) My issue is every instance if I call back and they tell me to wait 3-4 weeks, I waste another month. I've already been waiting forever! What else can I do?

4) Is it worthwhile to file again as a citizen NOW sponsoring her? Your help would be appreciated.

5) One more, is there someone I can complain? This is ridiculous. Telling your customers to wait 3-4 weeks, they do, and when they come again - say the same time - please wait 3-4 weeks and repeat the incident over and over again.

ps: this forum was helpful in getting me my naturalization - you guys rock!
 
I had a same situation in front of me. But I didn't upgraded my application. I canceled it and file another one with I 485 so my husband can work and travel within 3 months.
I think your wife is not in the US right? I am not familiar with councellor process.
 
Hi,
How did you cancel your previoulsy filed I-130 ????
Did you call them and do it or send them a letter? I am also about to file for my spouse's adjustment of status, and was wondering if I should call the 800 no to upgrade my alreday file i-130 or file a brand new one
Your input is highly appreciated.
ThankYou
amishah said:
I had a same situation in front of me. But I didn't upgraded my application. I canceled it and file another one with I 485 so my husband can work and travel within 3 months.
I think your wife is not in the US right? I am not familiar with councellor process.
Click to expand...
 
ip_everywhere said:
Hi,
How did you cancel your previoulsy filed I-130 ????
Did you call them and do it or send them a letter? I am also about to file for my spouse's adjustment of status, and was wondering if I should call the 800 no to upgrade my alreday file i-130 or file a brand new one
Your input is highly appreciated.
ThankYou
Click to expand...
I send them a copy of my old I130, receipt of I130 and a letter canceling it. Before doing that I had asked the officer how long it will take to upgrade my application? She said the time can varies from 2 months to anywhere. I asked her what if I cancel it? do I have to wait till I hear back from them? She said NO. I did not wanted to wait at all. So I cancelled it. I lost some money but it is better than waiting.
Now on this forum I have heard that people have upgraded their application. Some said they did not wait to here from them and some said they received response within a month.
 
I am in a similar boat.

1. I filed an I-130 for my wife in 2002 as a GC holder.
2. I became a citizen in August 5, 2005.
3. I called the 800 number to upgrade on 8/6/05 and provided all the info they requested.
4. I received a letter asking for a hardcopy of the naturalization certificate a week later. Submitted it right away.
5. Two months later (now October), my case got transferred from the NSC to CSC in the name of speeding process.
6. In early November, I decided not to wait any longer. I submitted an application of I-485 (with all the supporting document and fee for I-485) AND an old copy of I-130 filed in 2002, an updated copy of I-130 (with all up-to-date info), my proof of citizenship but no check for I-130. In addition, I wrote a letter detailing the events regarding the I-130 petition from 2002 till now. Mailed the package on 11/05/05.
7. Check cleared and received a receipt on 12/4/05.
8. Still waiting.
 
Don't cancel your I-130

Well I upgraded it and in one week I got further processing paparwork from NVC. So thank God I had applied earlier, else I would have to wait all over again for BCIS to approve my petition.

So dont file again and just upgrade the case.

naaz
 
I am not going to be canceling the original I-130. I called in, and said because my case is not being processed yet - no photocopies of anything has been requested. Their system does show that I called in with my Citizenship certificate number. They have that dated for Oct 5, 2005 - so they claim that instead of my receipt date of April 2004 (original I-130 when G/C holder), it will be adjusted for Oct 5th, 2005. When they start processing - they will contact me for paper work.

Also - to be on the safe side, I am taking all my papers, forms, photocopies, passport, etc to the immigration office this Thursday (infopass meeting with an officer) verify everything and ensure that I've done all I could.

USCIS also told me when I called back to verify that incase anything is out of wack, they will assign priority for my case if for some reason Texas center started processing the Oct filings, but I did not get notified. right now they are doing June 4th, 2005. All I can do it wait... :(

Thanks for your help, I'll keep this thread posted and NEVER will I cancel my original I-130!! :) Keep the fight alive!
 
Naaz2004 said:
Well I upgraded it and in one week I got further processing paparwork from NVC. So thank God I had applied earlier, else I would have to wait all over again for BCIS to approve my petition.

So dont file again and just upgrade the case.

naaz
Click to expand...
That is good that you heard back from them in a week. Otherwise it is difficult to wait for unknown period of time. You don't have to wait for all over agin since you can file I 130 & I 485 at the same time and they approve them together.
 
amishah said:
That is good that you heard back from them in a week. Otherwise it is difficult to wait for unknown period of time. You don't have to wait for all over agin since you can file I 130 & I 485 at the same time and they approve them together.
Click to expand...
Good news all. I just got a letter from them last week stating my file has been transferred to the California Service Center for faster processing. I wish they would have given a time limit - but nothing there. Cannot even use the processing schedule dates online as dont know which date I am suppose to look at :( Anyone here that can give me a time line on how long it takes for them to make a decision? Thanks.
 
Ok - now I am totally confused. My online case status shows they just received my file Feb 6th, 2006 and my type of case is taking 990-999 days. I thought when they moved me to California for faster processing, they finally acknowledged that I was a US Citizen - why is it stating my I-130 petition is taking 990-999?

Also - I've not received anything from them, after that last letter "..file sent to california for faster processing ..." in Dec. Can someone put my mind at ease ....

For clarification, my wife is in Canada ... (she is not a Canadian citizen, but a Canadian PR and is not able to cross the border!). Please help put my mind at ease!
 
Please check my timeline below my signature. My case was transfered to CSC (from NSC). I called the service center and found out that the CSC changed my priority date to the date they first received the transfer. I calmly talked to the officer and she agreed that my priority date should be chnaged back to the date I first filed I-130 (in 2002). I don't know if it helped or not but I got the approval letter 4 months after the transfer (6 months after I upgraded it.)

Oh, the transfer notice I got from CSC did say that it takes about 990 - 999 days to process I-130. Well, it took about 120 days.
 
Last edited by a moderator:
I 130/485

Hello friends,

i need ur advise plz .my husband is about to file for his citizenship next month and im on H 1(WORK VISA)i need to know when should he file for my I 130 .after getting this citizen ship or he can file it now n then upgrade it.which one is quick n takes lesser time

which one is a better option to file 130 as a GC holder n then to up grade it after getting citizenship or to apply after CITZ.

if he apply after his citz then how early can he aply .the same day ?

What is I 485 abouT.can we file both at the same time

On average how much time do these take for PROCESSING.

plz HELP

KAS
 
I am in the same boat

My wife after becoming a US citizen sent the letter to CSC. My case was always with them. I applied to Texas service center but got the receipt notice from California Service Center. My PD was March 28 2005.

I sent out a one page fax with copy of naturalization certificate to upgrade the 130 application. I never recieved any acknowledgement from them. I have written them twice but no response so far.

Today I decided to register an account with them to get email updates about the status of application. After registering I found that my 130 was touched on Jan 25 2006 (one week after my fax). I am assuming my application was updated.

So whoever is in the same boat may find some confort by finding out their last update date.


Good Luck
 
I-130 Upgrade

your input really help to clear the picture.

So correct me if i m wronge
1- So we can upgrade the 1-130 by just sending fax.
2- how much time it take after i-130 upgraded to for approvel.
3-what is the next step after the approvel of !-130.


thanks for ur valuable input in advance
 
your input really help to clear the picture.

So correct me if i m wronge
1- So we can upgrade the 1-130 by just sending fax.
Yes
2- how much time it take after i-130 upgraded to for approvel.
From the forums it seems anywhere between 2 weeks to 5 months
3-what is the next step after the approvel of !-130.
Send the copy of approval notice if you have already applied for 485. Thats what I am going to do.


thanks for ur valuable input in advance
Your Welcome
 
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