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Results 1 to 10 of 10

Thread: I-485 upgrade

  1. #1
    While I was a permanent resident, I had an approve petition for a relative I-130 for my spouse with a priority date 3/1/01. Now I expect to become a US citizen any time soon, and I'm planning to apply I-485 for my spouse immediately after that. In this case;

    Would I benefit from the approved I-130 for my spouse or does it reduce the processing time?
    How to upgrade the application in this case ?

    Regards
    ABA

  2. #2
    While I was a permanent resident, I had an approve petition for a relative I-130 for my spouse with a priority date 3/1/01. Now I expect to become a US citizen any time soon, and I'm planning to apply I-485 for my spouse immediately after that. In this case;

    Would I benefit from the approved I-130 for my spouse or does it reduce the processing time?
    How to upgrade the application in this case ?

    Regards
    ABA

  3. #3
    no, it won't improve her processing time, you have to just wait until her I-485 is adjudicated. And it's the same for everyone.

    If the forms are mailed together (for USC spouses) they are adjudicated together but once again, you count out the time required for I-485 adjudication, not I-130.

    To upgrade, send a copy of your naturalization certificate with I-485 and a copy of approval for I-130, and indicate in your cover letter that you have become a citizen, which makes your wife eligible for a visa number immediately, without waiting for a quota.

  4. #4
    If the I-130 is approved there is no need to upgrade. You only upgrade when the I-130 is pending at the Service Center. Once you become US citizen, you can file the I-485 and I-765 with your local immigration District Office. Before hand you can go to CIS website and review your local office guidelines for filing.

  5. #5
    hey passingby...

    i am in that situation right now...my wife filed i-130 for me when she was a permanent resident...and she just turned an american citizen. Today i mailed a copy of her naturalization certificat and a copy of the 1-130 receipt plus a letter notifying them of her change of status. I send it to the vermont center. is that good?

    and when can i file for adjustment of status and for work authorization?

    thanx

  6. #6
    Hi Radda;

    Since you wife is a US citizen, you can file your I-485 immediately you don't have to wait for any thing.
    Regards

    ABA75

  7. #7
    oh really? because i called the ins and they told me that we have to wait untill the i-130 is approved or untill we receive a receipt/letter from the ins about the upgrade.

  8. #8
    you definitely don't have to wait until your I-130 is approved. They will transfer I-130 from the district office to the local office themselves, you just have to provide a copy of the I-130 receipt for them.

    I did that July 1, and I am still waiting for the transfer.

  9. #9
    you mean send a copy of the old or new 1-130 receipt with the i-485???

  10. #10
    what do you mean by "old or new" receipt? I only have one receipt for I-130 and I sent a copy of it with my I-485 application.

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