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goldy99

Need some help : Filing I-130 for spouse

By goldy99 in IR-1 / CR-1 Spouse Visa Process & Procedures

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goldy99 Rookie

goldy99   0

Posted
Filed: Timeline
Posted

Hi

I am PR now and about to apply for citizenship in about a month. I am in a dillemma that should I wait till I become citizen and then petition for I-130 or I should just file right now as PR so that atleast the process will start and once I become citizen I should upgrade the petition. Will it be faster then applying after getting citizenship which is still about 4-5 months away.

I just checked the Visa Timelines and NSC is talking only 6 months to process I-130 for spouse, filed by PR which is same as filed by a Citizen. Is that true?

Any help would be appreciated. Thanks

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kruz_patz Rising Star

kruz_patz   22

Posted
Filed: IR-1/CR-1 Visa Country: India
 Timeline
Posted

Hi

I am PR now and about to apply for citizenship in about a month. I am in a dillemma that should I wait till I become citizen and then petition for I-130 or I should just file right now as PR so that atleast the process will start and once I become citizen I should upgrade the petition. Will it be faster then applying after getting citizenship which is still about 4-5 months away.

I just checked the Visa Timelines and NSC is talking only 6 months to process I-130 for spouse, filed by PR which is same as filed by a Citizen. Is that true?

Any help would be appreciated. Thanks

Filing now would make no difference. If you file now, after once you become citizen you have to upgrade anyway. Let's say it takes 6 months for you to become citizen. Within this 6 months your petition will just stay pending for approval. After you become citizen you have to upgrade it.

Draw back of filing now is, your spouse will become citizen of usa after 5 years, while if you file after you become citizen, than he/she will become citizen after 3 years.

So it's upto you, I would definately file after citizenship.

Atlanta, GA (MM-DD-YYYY)
I-130 (IR-1) TIMELINE [MUMBAI CONSULATE]
07-02-2020 - I-130 SENT
06-01-2021 - APPROVED

NVC
06-06-2021 - Recevied NVC case no. - case entered into nvc's system

06-08-2021 - AOS fee
06-08-2021 - IV fee
07-05-2021 - IV & AOS documents submitted online

07-19-2021 - received message from NVC about case can not be processed unless all civil documents are submitted (was missing police clearance)

08-12-2021 - submitted police clearance certificate - which was last document submitted to NVC

11-05-2021 - Case completed at NVC - DQ

03-31-2022 - Interview letter received

04-28-2022 - Interview date at mumbai embassy

 

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payxibka Grand Master

payxibka   10,045

Posted
Filed: AOS (apr) Country: Philippines
 Timeline
Posted

Hi

I am PR now and about to apply for citizenship in about a month. I am in a dillemma that should I wait till I become citizen and then petition for I-130 or I should just file right now as PR so that atleast the process will start and once I become citizen I should upgrade the petition. Will it be faster then applying after getting citizenship which is still about 4-5 months away.

I just checked the Visa Timelines and NSC is talking only 6 months to process I-130 for spouse, filed by PR which is same as filed by a Citizen. Is that true?

Any help would be appreciated. Thanks

Approval time at the USICS is about the same for a USC or an LPR... the difference is the wait for an available visa number at NVC

YMMV

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goldy99 Rookie

goldy99   0

Posted
Filed: Timeline
  • Author
Posted

Filing now would make no difference. If you file now, after once you become citizen you have to upgrade anyway. Let's say it takes 6 months for you to become citizen. Within this 6 months your petition will just stay pending for approval. After you become citizen you have to upgrade it.

Draw back of filing now is, your spouse will become citizen of usa after 5 years, while if you file after you become citizen, than he/she will become citizen after 3 years.

So it's upto you, I would definately file after citizenship.

Thanks for the reply. So she still has to wait for 5 years to become Citizen eventhough I upgrade my petition once I become citizen?

And once I upgrade the petition does the process start all over? Or it will atleast cut the time off...let say by the time I upgrade I have received NOA1 so will it start from NOA1 stage after I upgrade? And if it does then it does save the amount of time it takes to receive NOA1 right? Correct me if I am wrong.

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TravellingNomad Collaborator

TravellingNomad   12

Posted
Filed: IR-1/CR-1 Visa Country: Philippines
 Timeline
Posted

no it wouldn't change your filing date. that's what i did earlier this year. i filed the I-130 for my wife and two kids back in Feb of this year. June i became a citizen. i contacted USCIS after obtaining citizenship and upgraded from LPR to a USC petition. the rep i spoke with said that the filing/priority date will not change. the only thing that will change is that your petition will be changed from immigrant petition to immediate relative.

I-130 for wife and kids

---------------------------------------------

02/11/2010: I-130 as an LPR mailed certified

02/25/2010: Recvd letters-I-130s was recvd

06/17/2010: Oathtaking - Became a US Citizen

06/21/2010: Called USCIS to let them know to update my I-130 from an LPR petition to a USC petition.

06/25/2010: Case for both sons Touched

06/28/2010: Petition updated to a USC petition (Oldest son)

06/30/2010: Petition updated to a USC petition (Wife & youngest son)

07/19/2010: G-325A returned. Incomplete.

07/30/2010: Completed G-325A mailed back via certified mail

08/04/2010: Certified mail delivered at Laguna Niguel

08/07/2010: Touched - UCSIC received reply to RFE

08/13/2010: I-130 APPROVED!!! (recvd email update)

NVC JOURNEY

08/20/2010: NVC recvd I-130 and case number assigned

09/01/2010: Recvd AOS fee bill & DS-3032 via email

09/02/2010: Paid AOS fee & DS-3032 sent back via email

09/13/2010: AOS packet mailed via UPS

09/15/2010: AOS signed for by NVC. IV fee for wife & kids ready.

10/07/2010: Per AVR/NVC - Need to correct I864W for kids

10/11/2010: DS-230 packet & corrected I-864W sent to NVC via UPS

10/15/2010: Recvd and signed for by NVC

11/02/2010: NVC online fee payment portal SIF. NVC adviced that final stages of review.

11/03/2010: AVR - APPLICATION COMPLETED!!

11/10/2010: Medical...1st day at St. Luke's

11/12/2010: Pick up results for Medical - PASSED!

11/16/2010: USEM interview scheduled on 12/14/10

12/14/2010: VISAS APPROVED!!!!

12/20/2010: Visas received

02/22/2011: Cali bound

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goldy99 Rookie

goldy99   0

Posted
Filed: Timeline
  • Author
Posted

no it wouldn't change your filing date. that's what i did earlier this year. i filed the I-130 for my wife and two kids back in Feb of this year. June i became a citizen. i contacted USCIS after obtaining citizenship and upgraded from LPR to a USC petition. the rep i spoke with said that the filing/priority date will not change. the only thing that will change is that your petition will be changed from immigrant petition to immediate relative.

So you mean if the priority date does not change then it will save the time it takes at USCIS processing stage(not NVC)..is that right?

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payxibka Grand Master

payxibka   10,045

Posted
Filed: AOS (apr) Country: Philippines
 Timeline
Posted

Thanks for the reply. So she still has to wait for 5 years to become Citizen eventhough I upgrade my petition once I become citizen?

No, the alien spouse is eligible on the latest of three anniversary dates..

1) three years married

2) three years residence

3) three years of USC spouse's date of citizenship or naturalization

YMMV

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payxibka Grand Master

payxibka   10,045

Posted
Filed: AOS (apr) Country: Philippines
 Timeline
Posted

Draw back of filing now is, your spouse will become citizen of usa after 5 years, while if you file after you become citizen, than he/she will become citizen after 3 years.

Sorry but wrong... the alien spouse could still be eligible using the three year eligibility rules before the five year rule

YMMV

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mamamimi Rising Star

mamamimi   8

Posted
Filed: IR-1/CR-1 Visa Country: Chile
 Timeline
Posted

Hi

I am PR now and about to apply for citizenship in about a month. I am in a dillemma that should I wait till I become citizen and then petition for I-130 or I should just file right now as PR so that atleast the process will start and once I become citizen I should upgrade the petition. Will it be faster then applying after getting citizenship which is still about 4-5 months away.

I just checked the Visa Timelines and NSC is talking only 6 months to process I-130 for spouse, filed by PR which is same as filed by a Citizen. Is that true?

Any help would be appreciated. Thanks

Hi there,

I filed for citizenship first and then after I became a USC, I filed for my husband. To obtain my citizenship only took me about 3 months (for me) not all cases are the same. Look at my timeline..

Good luck to you!

Removal of Conditions 8/2012

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mamamimi Rising Star

mamamimi   8

Posted
Filed: IR-1/CR-1 Visa Country: Chile
 Timeline
Posted

Approval time at the USICS is about the same for a USC or an LPR... the difference is the wait for an available visa number at NVC

This is the correct answer; and that is why I became a citizen first...

Removal of Conditions 8/2012

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TravellingNomad Collaborator

TravellingNomad   12

Posted
Filed: IR-1/CR-1 Visa Country: Philippines
 Timeline
Posted

So you mean if the priority date does not change then it will save the time it takes at USCIS processing stage(not NVC)..is that right?

not sure it will save the time in processing. like one of the post said...same processing time for LPR and USC petitions. the wait time has to deal mostly with an available visa. but at least you've already got it filed and all you have to do is upgrade the petition which is not that hard. it only took a phone call for me. and when you upgrade to a citizen petition, your application will be changed to an IR1 petition.

I-130 for wife and kids

---------------------------------------------

02/11/2010: I-130 as an LPR mailed certified

02/25/2010: Recvd letters-I-130s was recvd

06/17/2010: Oathtaking - Became a US Citizen

06/21/2010: Called USCIS to let them know to update my I-130 from an LPR petition to a USC petition.

06/25/2010: Case for both sons Touched

06/28/2010: Petition updated to a USC petition (Oldest son)

06/30/2010: Petition updated to a USC petition (Wife & youngest son)

07/19/2010: G-325A returned. Incomplete.

07/30/2010: Completed G-325A mailed back via certified mail

08/04/2010: Certified mail delivered at Laguna Niguel

08/07/2010: Touched - UCSIC received reply to RFE

08/13/2010: I-130 APPROVED!!! (recvd email update)

NVC JOURNEY

08/20/2010: NVC recvd I-130 and case number assigned

09/01/2010: Recvd AOS fee bill & DS-3032 via email

09/02/2010: Paid AOS fee & DS-3032 sent back via email

09/13/2010: AOS packet mailed via UPS

09/15/2010: AOS signed for by NVC. IV fee for wife & kids ready.

10/07/2010: Per AVR/NVC - Need to correct I864W for kids

10/11/2010: DS-230 packet & corrected I-864W sent to NVC via UPS

10/15/2010: Recvd and signed for by NVC

11/02/2010: NVC online fee payment portal SIF. NVC adviced that final stages of review.

11/03/2010: AVR - APPLICATION COMPLETED!!

11/10/2010: Medical...1st day at St. Luke's

11/12/2010: Pick up results for Medical - PASSED!

11/16/2010: USEM interview scheduled on 12/14/10

12/14/2010: VISAS APPROVED!!!!

12/20/2010: Visas received

02/22/2011: Cali bound

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  • 1 month later...
4Toms Contributor

4Toms   0

Posted
Filed: Timeline
Posted

Hello TravellingNomad,

I am pretty much in a similar situation as OP. Would like to file now and upgrade once I become a USC. How did you got about the "upgrade' process? Did you upgrade while I-130 was pending or at NVC after it was approved.

Thanks for your help with this?

-Toms

not sure it will save the time in processing. like one of the post said...same processing time for LPR and USC petitions. the wait time has to deal mostly with an available visa. but at least you've already got it filed and all you have to do is upgrade the petition which is not that hard. it only took a phone call for me. and when you upgrade to a citizen petition, your application will be changed to an IR1 petition.

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4Toms Contributor

4Toms   0

Posted
Filed: Timeline
Posted

Am in a similar situation and is curious to know the choices you made and why . File as a PR and upgrade or wait for USC to upgrade?

Thanks for your help with this.

~Toms

Hi

I am PR now and about to apply for citizenship in about a month. I am in a dillemma that should I wait till I become citizen and then petition for I-130 or I should just file right now as PR so that atleast the process will start and once I become citizen I should upgrade the petition. Will it be faster then applying after getting citizenship which is still about 4-5 months away.

I just checked the Visa Timelines and NSC is talking only 6 months to process I-130 for spouse, filed by PR which is same as filed by a Citizen. Is that true?

Any help would be appreciated. Thanks

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LotofPatience Veteran

LotofPatience   65

Posted
Filed: IR-5 Country: India
 Timeline
Posted

Am in a similar situation and is curious to know the choices you made and why . File as a PR and upgrade or wait for USC to upgrade?

Thanks for your help with this.

~Toms

If you are in NVC stage, upgrade is not need since already your visa# is available when I-130 is approved.

If you are in pending I-130 stage, upgrade is needed to speed up your I-130 approval.

Loto

CSC - I-130 for Parents (IR5)

10/11/2011 - Sent to Chicago Lockbox

10/13/2011 - Delivered at Chicago Lockbox

10/17/2011 - Email received with Receipt#, Routed to CSC

10/18/2011 - Cleared the checks $420*2

10/21/2011 - Received NOA1

03/30/2012 - Received NOA2

NVC

04/19/2012 - NVC received

05/01/2012 - Case# generated

05/02/2012 - DS-3032 COA emailed

05/02/2012 - I-864 AOS Fee $88 paid

05/05/2012 - I-864 AOS package mailed to NVC

05/07/2012 - I-864 AOS package received by NVC

05/07/2012 - DS-3032 COA accepted

05/08/2012 - DS-230 IV Fee $230*2 paid

05/09/2012 - DS-230 IV package mailed to NVC

05/11/2012 - DS-230 IV package received by NVC

05/17/2012 - Case Completed

Consulate

07/02/2012 - VFS visit in Cochin

07/04/2012 - Medical in Chennai

07/12/2012 - Interview in Mumbai - Success!

09/08/2012 - POE at JFK, NY

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