Should I go ahead file 130 or wait ? Need advise ASAP Please

[caliguy77 1]

I got married a few months ago. I was scheduled for a citizenship interview - so I figured I'ld do the oath and then apply as a citizen instead of a LPR. Well my citizenship interview went well, passed the test, and the guy gave me a sheet of paper that says I am being recommended for Citizenship. But then he also said that my file needs to go for additional interview and I should hear something within a month. The guy did ask me for the marriage cert by the way - which luckily I had.

Now I don't know which black hole I am stuck in. The 130 application is ready. Should I file it, and then update it once I become a citizen, or if I am so close (at least it seems like it) Should I just wait.

Any ideas if one becomes a citizen then the priority changes immediately or it takes a few months to change lines - in which case I am better off waiting to file.

What do you all suggest ? ?

[Darnell 8,478]

I suggest you wait until you have citizenship in hand, then file the I-130.

[sachinky 464]

Wait till you officially become a citizen.

It takes a few months to upgrade it from LPR status.

[pushbrk 12,569]

Wait till you officially become a citizen.

It takes a few months to upgrade it from LPR status.

In my recent experience, I've seen a petition updated within a couple weeks and approved within a couple more. Frankly, I would file when ready.

[caliguy77 1]

In my recent experience, I've seen a petition updated within a couple weeks and approved within a couple more. Frankly, I would file when ready.

Thanks. If you don't mind me asking, where are you getting this info from ? Is it from VJers.. I'ld like to file I am ready, specially if it only take a couple of weeks - just want to be certain. Thanks

[triaxxx 1]

Thanks. If you don't mind me asking, where are you getting this info from ? Is it from VJers.. I'ld like to file I am ready, specially if it only take a couple of weeks - just want to be certain. Thanks

caliguy, while i am in no means an expert, i was in the same boat though as you prior to filing my i-130. i waited for my citizenship prior to applying... and it bit me. my citizenship got delayed a couple months and so it became domino effect with my i130.

some lawyers basic principle say, whenever someone is ready and eligible/qualified for a uscis benefit, they should file for it right away for you never know what changes they do in the future.

on the other hand, my brother who filed for his wife while he was still a lpr, only had to make a phone call to uscis to upgrade his status.

in the end, i think its almost the same...the time you wait to become a citizen is probably same if not potentially longer than if you file it now then upgrade it.

thats my 2 cents.

[4Toms 0]

caliguy77,

Am in a similar situation and curious to know what choice you made ( file as LPR + upgrade or File after USC) and the outcome.

Appreciate any guidance in this respect

~Toms

I got married a few months ago. I was scheduled for a citizenship interview - so I figured I'ld do the oath and then apply as a citizen instead of a LPR. Well my citizenship interview went well, passed the test, and the guy gave me a sheet of paper that says I am being recommended for Citizenship. But then he also said that my file needs to go for additional interview and I should hear something within a month. The guy did ask me for the marriage cert by the way - which luckily I had.

Now I don't know which black hole I am stuck in. The 130 application is ready. Should I file it, and then update it once I become a citizen, or if I am so close (at least it seems like it) Should I just wait.

Any ideas if one becomes a citizen then the priority changes immediately or it takes a few months to change lines - in which case I am better off waiting to file.

What do you all suggest ? ?

[caliguy77 1]

caliguy77,

Am in a similar situation and curious to know what choice you made ( file as LPR + upgrade or File after USC) and the outcome.

Appreciate any guidance in this respect

~Toms

It depends how far you are. If you got your LPR thru a previous marriage ? And if u have any other issues with UCIS in the past. Since mines was literally less than 60 days away, and my local office, was processing applications with in 4 months I opted to wait. But guess what, usually they have same day oat (interview + oath) same day, but in my case they asked me to come back which added a month. So in total I lost 6 months, and then when I became a Citizen I filed right away which is when the clock started and I am still waiting for 130 because it is back logged.

Other's in my situation who filed for 130 and then later updated, were better off, because all the time they were waiting counted towards 130. Since 130 for wife is immediate, they do process it right away. If I had to do it all over again, i would file the 130 right away and then update it. Because god only knows how long the citizenship process would take.

Althout lawyers would recommend against it, they say the less immigration touches your file the better you are. Go with your gutsy feeling, there is not right or wrong in this, in either way, u are risking 2 -3 months at most.

[DR AM 0]

It depends how far you are. If you got your LPR thru a previous marriage ? And if u have any other issues with UCIS in the past. Since mines was literally less than 60 days away, and my local office, was processing applications with in 4 months I opted to wait. But guess what, usually they have same day oat (interview + oath) same day, but in my case they asked me to come back which added a month. So in total I lost 6 months, and then when I became a Citizen I filed right away which is when the clock started and I am still waiting for 130 because it is back logged.

Other's in my situation who filed for 130 and then later updated, were better off, because all the time they were waiting counted towards 130. Since 130 for wife is immediate, they do process it right away. If I had to do it all over again, i would file the 130 right away and then update it. Because god only knows how long the citizenship process would take.

Althout lawyers would recommend against it, they say the less immigration touches your file the better you are. Go with your gutsy feeling, there is not right or wrong in this, in either way, u are risking 2 -3 months at most.

I agree with caliguy77.

A buddy of mine applied for his spouse when he was still LPR because his naturalization was in limbo. He get it all sorted it out in July, became a citizen, and just last week he got his receipt from NVC.

[4Toms 0]

Thanks caliguy77 and DR AM for all your valuable inputs.

I agree with caliguy77.

A buddy of mine applied for his spouse when he was still LPR because his naturalization was in limbo. He get it all sorted it out in July, became a citizen, and just last week he got his receipt from NVC.