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Fehervirag

How to upgrade I-485 to immediate relative

By Fehervirag in Adjustment of Status from Work, Student, & Tourist Visas

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4 posts in this topic

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Fehervirag Apprentice

Fehervirag   0

Posted
Filed: Citizen (apr) Country: Hungary
 Timeline
Posted

I just found out that my ex husband is a registered voter in my states which implies that he received his citizenship. Based on the laws if he receives his citizenship my case also should be upgraded to the immediate relative category. As I was informed unfortunately USCIS doesn't do this automatically.

Now I wonder how to proceed. Is anybody done this before? Do I have to notify the Vermont where my original application went or the local office? Is there a specific letter to send?

Any input would be great.

I-360

4/6/2010 - I-360 filed

4/14/2010 - Prima Facie determination

5/5/2010 - I-360 Approved

AOS

11/15/2010 - I-485, I-765, I-131 filed

11/30/2010 - NOA received

12/13/2010 - Biometrics appointment letter received

12/23/2010 - Attended biometrics

1/3/2011 - Notice of I-485 transferred to NBC

1/29/2011 - Interview notice received for March 1st

2/7/2011 - EAD arrived

2/11/2011 - AP arrived

3/1/2011 - Attended interview

1/7/2012 - Received permanent resident card

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Mrstate Explorer

Mrstate   1

Posted
Filed: Timeline
Posted

Are u still legally married to him or divorce?

Our AOS Journey

March 4, 2011 Mailed 1-130 and AOS at the Chicago Lockbox thru USPS express mail

March 07, 2011, 9:44 am Delivered at Chicago Lockbox

March 25, 2011 NOA hard copy received

April 1, 2011 got an RFE for sponsors tax returns

April 15, 2011 biometrics appointment

May 12, 2011 rfe sent via usps priority mail

May 16, 2011 rfe recieved at lees summit

May 19, 2011 text/email notification rfe being reviewed

May 20,2011 I-485 touched/updated

May 27, 2011 Email/txt EAD Card Production

June 1, 2011 Email/txt notification for AOS Interview

June 3, 2011 Email notification EAD Card was mailed

June 7, 2011 EAD Card Received

July 6, 2011 AOS Interview *APPROVED*

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siasimba Explorer

siasimba   9

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

She stated "ex husband" so I am assuming they are no longer legally married. Unless they are legally married but separated.

7/20/09 - When we met
9/16/09 - When we started dating
1/15/10 - Moved in together
9/3/10 - Marriage
11/10/10 - Filed AOS at Chicago lockbox
11/12/10 - AOS package received
11/17/10 - NOA1
12/27/10 - Biometrics --> canceled due to snow condition
1/18/11 - Advance Parole approved
1/26/11 - Biometrics Completed
1/31/11 - EAD in production
2/7/11 - EAD Recieved
2/18/11 - Applied for SSN
2/28/11 - Received SS Card
8/5/11 - Interview letter mailed
9/8/11 - Interview @9am
9/9/11 - Card Production
9/20/11 - Received Green Card

7/2013 - Submitted Removal of Condition

9/2013 - Biometrics Completed

11/20/2013 - NOA1 - Request for Evidence

12/20/2013 - RFE returned

1/2014 - 10 year green card approved.

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Fehervirag Apprentice

Fehervirag   0

Posted
Filed: Citizen (apr) Country: Hungary
 Timeline
  • Author
Posted

I am divorced. The divorce was finalized just a few days after I mailed out my vawa application.

However, this is what I read on the USCIS website under the laws section:

(II) Upon the lawful permanent resident spouse or parent becoming or establishing the existence of United States citizenship through naturalization, acquisition of citizenship, or other means, any petition filed with the Immigration and Naturalization Service and pending or approved under clause (ii) or (iii) on behalf of an alien who has been battered or subjected to extreme cruelty shall be deemed reclassified as a petition filed under subparagraph (A) even if the acquisition of citizenship occurs after d ivorce or termination of parental rights.

This is the reason I wonder if I can change my category and speed up the process.

I-360

4/6/2010 - I-360 filed

4/14/2010 - Prima Facie determination

5/5/2010 - I-360 Approved

AOS

11/15/2010 - I-485, I-765, I-131 filed

11/30/2010 - NOA received

12/13/2010 - Biometrics appointment letter received

12/23/2010 - Attended biometrics

1/3/2011 - Notice of I-485 transferred to NBC

1/29/2011 - Interview notice received for March 1st

2/7/2011 - EAD arrived

2/11/2011 - AP arrived

3/1/2011 - Attended interview

1/7/2012 - Received permanent resident card

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