What is the process after filing I-130 in this case?

C

chuli

Registered Users (C)
The background:
My mother filed I-130 for my sister on Dec 24, 2003; my mother was a green card holder at that time.
I-797C notice received in May 2005.
My mother just became a citizen on April 15, 2009.

My sister was living in the U.S. when applying for I-130, but she moved back to Hong Kong in 2004.

The questions:
1) Is a letter needed to notify the office to upgrade the petition?
2) Where should I send the letter?
3) What else should we do since my sister moved back to Hong Kong.

Thank you so much for answering my post!
 
Personally we sent letter to USCIS (to the office where I-130 was pending) saying "dad became USC, please change my category from 2 to 1" with his certificate. Later we received a notice from CIS saying "You are in category 1". Or she can wait till her PD will become current and then apply for AoS attaching the letter explaining why and mom's certificate.
 
Thanks KittenKat.

I actually sent a letter to NVC. However, they returned a letter stated that they are unable to locate the petition:
"Your inquiry/application must be directed to the U.S. Citizenship and Immigration Services (CIS-formerly known as INS) where the petition was orginally filed. You may contact CIS via telephone at (800) 375-5283 or visit the CIS web site for additional information..."
==> I think I sent the letter to the wrong department.

Could you tell me what address should I have the letter send?
Many thanks!
 
That's exactly the case. Your petition is still pending, so they probably don't have info yet. WHERE exactly your petition is? Does it say anywhere on I-130 notice?
 
From the I-797C, it said "the petition has been approved", but the person is "not eligible to file an adjustment of status application at this time."

"Additional information about eligibility for adjustment of status may be obtained from the local INS office serving the area where the person for whom you are petitioning lives."

"Until the person for whom you are petitioning files an adjustment application, or applies for an immigrant visa, this approved petition will be stored in this office. If the person for whom you are petitioning becomes eligible to adjust status based on this petition, he or she should submit a copy of this notice with Form I-485..."

==>As I understand, the priority date is not ready in a year. But I will still need to send a letter to USCIS to upgrade the petition from category 2 to 1. Is that correct?

Also, my sister is now moved back to Hong Kong.
Should I wait until her priority date is valid, then send a form/letter to inform the office that she has moved?

Many thanks!!!
 
Can you schedule INFOPASS and talk to the officer directly? They'll tell you what needs to be done.

We sent the letter to the same office we sent I-130 (couple years after we sent I-130). But it was like 5 years back, so I can't tell for sure what office is the best to send.
 
You must log in or register to reply here.
Top