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Should I re-file I-130 since my spouse is a citizen now?

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  • Should I re-file I-130 since my spouse is a citizen now?

    We got married in 2003. Husband was a green card resident. I had H1B. He filed I-130 for me in 2004. My H1B run out 03/25/07 and that same day my I-130 approval is dated. Since then I AOS. He became a citizen on 03/18/10. Getting ready to fill I-485 out. Should I do another I-130? How long an approval is good for? And are they any different since he was GC and now US citizen? Already spent $7000 to get husbands citizenship(he had some criminal issues) - out of money. Please help.

  • #2
    We got married in 2003. Husband was a green card resident. I had H1B. He filed I-130 for me in 2004. My H1B run out 03/25/07 and that same day my I-130 approval is dated. Since then I AOS. He became a citizen on 03/18/10. Getting ready to fill I-485 out. Should I do another I-130? How long an approval is good for? And are they any different since he was GC and now US citizen? Already spent $7000 to get husbands citizenship(he had some criminal issues) - out of money. Please help.

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    • #3
      sandrule,

      - short answer would be that you should inform NVC about your husband's citizenship and "upgrade" the petition to "spouse of USC"

      but it would be smart to get a better understanding of your situation first:

      - have you already filed I-485 based on approved I-130? You wrote "since then I AOS". If yes, when and when did your priority date become current?

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      • #4
        He couldn't have filed an I-485 until he became a USC but aneri is correct, upgrade the I-130 as he is now a USC and get him to file the I-485 too.
        "What you see in the photograph isn't what you saw at the time. The real skill of photography is organized visual lying."

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        • #5
          I have never filed 485 before. So, you guys both think I ned to file a new/upgraded I-130, right?

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          • #6
            Just do what aneri said and upgrade your petition. A friend of mine had the same issue. He was a PR and filed I-130 for his wife then once he became a USC upgraded the I-130 and filed for AoS (I-485).
            "What you see in the photograph isn't what you saw at the time. The real skill of photography is organized visual lying."

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            • #7
              unless sandrule is from Mexico, PD from 2004 for F 2A became current sometime late 2008 or in the first half of 2009.
              At that point, sandrule could/should have filled I-485.

              Anyhow... are you from Mexico?

              I guess, unless you want to use the lawyer, the simple way to find out if your I-130 is "still alive" is to ask NVC to upgrade it.

              When I filed a petition for my relative I was a legal permanent resident (green card holder). I recently became a U.S. citizen. How can I upgrade the petition?

              Please make a copy of your Naturalization Certificate. Send the copy - NOT the original - to the NVC with a letter containing the beneficiary name and case number of the petition you want to upgrade.

              Please see the NVC’s contact information.
              http://travel.state.gov/visa/i.../info/info_3177.html

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              • #8
                What do you all mean by "upgrading". I ma from Lithuania.

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                • #9
                  And I couldn't file 485 before my husband became citizen, because my H1B run out 2 years ago. I could/should now. I couldn't leave the country when my H1B expired - was too pregnant. Gave US 3 new citizens over these 7 years. So, check out if my PD has become current and that should tell me if need to re-file I-130 or not?

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                  • #10
                    <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by sandrule:
                    And I couldn't file 485 before my husband became citizen, because my H1B run out 2 years ago. </div></BLOCKQUOTE>

                    I understand that… I was just wondering how long there has been “no action” on your I-130 petition since the PD became current. It may be relevant to determine if NVC “thinks” your I-130 has been abandoned.

                    But, as I say the easiest thing is to try to upgrade

                    <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by sandrule:
                    What do you all mean by "upgrading". </div></BLOCKQUOTE>

                    <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by aneri:

                    When I filed a petition for my relative I was a legal permanent resident (green card holder). I recently became a U.S. citizen. How can I upgrade the petition?

                    Please make a copy of your Naturalization Certificate. Send the copy - NOT the original - to the NVC with a letter containing the beneficiary name and case number of the petition you want to upgrade.

                    Please see the NVC’s contact information.
                    http://travel.state.gov/visa/i.../info/info_3177.html </div></BLOCKQUOTE>

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