? When LPR turns Citizen while spouse is pending 130/485

J

jk5598224

Registered Users (C)
I have friends who have been married over 2.5 years. The GC/LPR Holder is via Cuban Adjustment Act. They applied for the Spouse's AOS 130/485 via Cuban Adjustment Act in Mar 2002. AOS Interview was in November 2002, right around the infamous 'freeze', when they stopped stamping passports and instituted 'security' checks. The AOS interview went fine, and the INS Agent said they have to 'wait' for the security and notice of approval and they weren't stamping passports. Alas, still waiting like many many others...

In the meantime the Cuban GC Holder has converted to citizen very recently. They were advised to wait and not refile for the spouse yet, via Citizen petition. Additionally, they also heard the pending AOS would automatically be cancelled eventually.

Qst. #1.
The question is there a form to 'upgrade' the current petitiion to be via US Citizen, or is that even necessary?

Qst. #2.
Is it true the current pending AOS might be cancelled because the original petition was via GC/LPR via Cuban Adjustment Act?

Qst. #3.
Is it possible they might have to 'start the process all over'? Granted this option may be quicker at this point?

Thanks.
 
you can try calling 1-800 and asking to talk to talk to an immigration officer about the status of their case. Then your friends should contact their congressman.
 
jk5598224

Process does not need to start all over. Spouse can be UPGRADED to "Spouse of US Citizen" instead of "Spouse of LPR" and Immigration should work that case very quickly. The way to do it is that the CITIZEN needs to take his NATURALIZATION certificate to USCIS, by making an appointment through INFOPASS. At the counter, he needs to request an upgrade and show his NATURALIZATION certificate and the pending petition for spouse. THe lady/man at the counter should upgrade and make a change in the system. I've helped people do this before.
 
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