Waiting for oath but wife on H1 (already applied for her gc as spouse of gc)

[thanks2rajiv]

Hello

I am waiting for oath (citizenship) invitation, my wife is in H1 for the last 4 years. I have already applied for her GC (as a spouse of GC - it takes about 4 to 5 years) about 3 years ago.

1. What forms should I file after getting my citizenship certificate to "upgrade" her existing application?

2. How long does it take for her to get to a status where she can change jobs? She has a couple of offers to change job already.

3. Can a few people share how long does it took to get the gc itself. We are based out of Detroit (Nebraska Service Center, I think).


Thanks
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[ari4u]

Hello

I am waiting for oath (citizenship) invitation, my wife is in H1 for the last 4 years. I have already applied for her GC (as a spouse of GC - it takes about 4 to 5 years) about 3 years ago.

1. What forms should I file after getting my citizenship certificate to "upgrade" her existing application?
1. Upgrade your I-130.
2. File the AOS package as PD would become current when you become a USC.

2. How long does it take for her to get to a status where she can change jobs? She has a couple of offers to change job already.
After EAd gets approved. That is ~30-90 days after filing I-765

3. Can a few people share how long does it took to get the gc itself. We are based out of Detroit (Nebraska Service Center, I think).
You should search around this forum for specific information


Thanks
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[thanks2rajiv]

Great information ari4u. Just some follow-up questions.

1. When you say upgrade I-130, you mean reapply 130 with new information? I assume that it is not required to resend the check again.

2. Should I wait for a receipt for I-130 and then send the AOS package?

3. Looks like AOS package consists of 485 only. When should I get the medical? Is it part of AOS package?

 

[ari4u]

Great information ari4u. Just some follow-up questions.

1. When you say upgrade I-130, you mean reapply 130 with new information? I assume that it is not required to resend the check again.
You dont have to pay fees again. Call or write to USCIS referring your receipt number and let them know that you are a USC now and wish to upgrade your I-130 to reflect the new status. This would facilitate the immediate availablity of an immigrant visa number and your PD becomes current thereby allowing you to file I-485.

2. Should I wait for a receipt for I-130 and then send the AOS package?
You mean I-130 approval notice right? Going by your timeline, you submitted the I-130 in 2003 and should have the receipt notice with you. Once you are a USC, you can send the AOS package with a receipt of the I-130 and a letter explaining your situation. You dont necessarily have to wait for the I-130 to be approved as PD becomes current the day you became a USC.

3. Looks like AOS package consists of 485 only. When should I get the medical? Is it part of AOS package?
AOS package consists of I-485, I-693 (medical), I-864 (affidavit of support) and other supporting forms. You need to send the medical along with the I-485 else you can definitely expect an RFE.