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  • I-130 help

    Please help me with whatever info. you have regarding my case........

    I became citizen of this country few months ago. when i was a LPR, i applied for I-130 petition for my children. All except my oldest son, who was over 21 years then, could come here.
    Do i have to notify INS of my status change to citizen from LPR. Would that expedite the case?
    Another question is that my son is now married and have a son. How can we go about accomodating this new change? If INS knows he is married now, will that effect his wait time?
    Somebody, please help me.
    Kalu.

  • #2
    Please help me with whatever info. you have regarding my case........

    I became citizen of this country few months ago. when i was a LPR, i applied for I-130 petition for my children. All except my oldest son, who was over 21 years then, could come here.
    Do i have to notify INS of my status change to citizen from LPR. Would that expedite the case?
    Another question is that my son is now married and have a son. How can we go about accomodating this new change? If INS knows he is married now, will that effect his wait time?
    Somebody, please help me.
    Kalu.

    Comment


    • #3
      Congratulations! on becoming a US citizen. Yes indeed you should notify USCIS about the change in your status. You must have kept the I-130 receipts (I-797C) under safe custody. So please take them out and call USCIS and talk to an officer there with reference to your receipt numbers. They will upgrade your case. Also please do not hide anything from them. As a citizen you are entiltled to file a petition on behalf of your married children, so nothing to worry about.

      Comment


      • #4
        You should inform USCIS about your citizenship. You can upgrade the petitions for your children, or you can opt out of that.

        What's the best course of action, depends on your children's age.

        When you upgrade the petition, children's age for immigration purpose will be determined by the date you became US citizen:
        - if child was under 21 at the time of your naturalization and petition is upgraded, he/she is eligible to receive immigrant visa immediately
        - if your child has been in F 2A category, but turned 21 before you became US citizen, the upgrading of the petition would mean placing that child in F 1 (which curently has longer wait for visa than F 2A)

        There is also an issue of ageing out. Read about it and see if any of your children may be affected.

        As US citizen, you can file for your son /daughter over 21.

        Which one of your children got married?

        You started by asking questions. That's good. Inform yourself before you take any actions.

        Comment


        • #5
          Thak you both, young man and aneri, for your insight.
          Aneri, My oldest son was over 21 when i first petitioned five years ago. The petition is still active and i will call the office to upgrade my status first and that might expedite the case. But the question is do i voluntarily turn in the new information regarding my son's marriage or should i just wait until my son is called for interview at the overseas embassy.

          In a nutshell, what is the best strategy to get my son and his family through the petition that i have filed almost five years ago.

          Note: he was not married when i first petioned him. So, his family information was not there on that old petition.

          I have heard from sombody that, we should wait until they are called for the interview and when the interview comes, he should bring all the supporting documents to proove the marriage and children are legitimate. So, the American embassy can update his case at the interview and grand an immigrant visa to his family too. Is that true or reliable?
          I hope this is clear enough. Thank you again for the help.
          Kalu.

          Comment


          • #6
            There are different categories for married and unmarried sons and daughters of USC.

            I don't think it is a good idea to wait until the interview and then inform the consular about son's marriage. Here is why: at the time of the interview, an immigrant visa number will be available to "unmarried son" - category F1. As married, he would have to wait longer (unless he's from Mexico), and at the time of the interview there won't be an immigrant visa available to "married son".

            Comment

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