Upgrade I-130???

N

Naas

Registered Users (C)
HI everyone,
I've been looking around this forum for a while and it's really helped me. I am hoping someone will answer my questions.

So my father filed an i-130 petition for me in 2007 when he was a green card holder. He became a citizen last week (wohoo! :)). I know we needed to upgrade the petition so he called USCIS and they gave him some sort of tracking number and and told him that we would receive a letter within 45 days.

What i wanna know is what that letter would be? Would it be an approval letter or just a letter on how we would proceed. They didn't ask for a copy of the naturalization certificate or anything... But I've read around here that it needs to be sent. So should I just send it anyways?

Another question i have is that i'll be turning 21 in a month and a half. If my petition isn't upgraded or approved till then, will that affect the processing times? This kind of confuses me.

I hope there are others who have had similar experiences and that can help me.

Looking forward to your answers :):)
 
Has the I-130 been aprroved yet? If so, when was it approved?

Naas said:
Another question i have is that i'll be turning 21 in a month and a half. If my petition isn't upgraded or approved till then, will that affect the processing times? This kind of confuses me.
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No, it hasn't been approved yet..
I am reading around a little bit and i see some have sent in their i-485 with the naturalization certification, i-130 receipt and a letter saying that the petitioner has become a u.s citizen.
 
If you are in the US and your applicable category is current, then you may submit AOS with a copy of the I-130 receipt.

Naas said:
No, it hasn't been approved yet..
I am reading around a little bit and i see some have sent in their i-485 with the naturalization certification, i-130 receipt and a letter saying that the petitioner has become a u.s citizen.
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I'm sorry but i am still a bit confused.
I can only send the AOS?
So i would still have to wait for an approval letter of my i-130 before sending in an i-485?
 
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The I-130 has not been approved yet. So at the bare minimum, you have 2 years of buffer (since I-130 was submitted in 2007) after turning 21 that will ensure you do not age out. You are FP 1 now. Currently that is current for October 2003. You have another 4 years of wait. CSPA has a formula to protect aging out. By rough calculations, if the I-130 takes a further year or more to be approved, you should be safe.

Naas said:
Is that the way to do it? or should I wait to get a letter from USCIS. What happens if my application isn't approved by the time I'm 21. Will that affect anything?
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So instead of waiting, maybe i should just send in another i-130 along with i-485 which would make the process alot shorter?
 
I thought that since my father is a citizen now that it puts me in family category pref. 1 which meant that i do not have to wait for a visa number and that i can file concurrently.
Thank you triple citizen.
 
I apologise. I misread your age statement. I thought you had turned 21 a month and a half back. You are still a minor. File an I-485 with a copy of your I-130 receipt and a copy your father's naturalisation certificate.

Naas said:
I thought that since my father is a citizen now that it puts me in family category pref. 1 which meant that i do not have to wait for a visa number and that i can file concurrently.
Thank you triple citizen.
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No problem. I am so relieved. So I can send my i-485 without having to wait for any letter from the uscis.
thanks so much.
you've been such a great help.
 
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