Spouse upgraded to CR1 .. Now confused

[john1128 1]

Philippines

My wife and 2 children's I-130 has been approved April 2011. I became US citizen this month November 2011 and upgraded their petition right away not I received a letter from NVC stating that my wife has been converted to CR1. Does it mean I need to file another I-130 or what. My kids are ok I guess it was just a short note that they received the request. My wife's letter says based on INA Act they do not confer or grant derivative status or something I dont know what to do. Please advise

[john1128 1]

This is the message not sure if this is applicable to us:

"Immigration nationality act does not allow derivatives status to family members of immediate relatives"

[sparky71 5]

Philippines

My wife and 2 children's I-130 has been approved April 2011. I became US citizen this month November 2011 and upgraded their petition right away not I received a letter from NVC stating that my wife has been converted to CR1. Does it mean I need to file another I-130 or what. My kids are ok I guess it was just a short note that they received the request. My wife's letter says based on INA Act they do not confer or grant derivative status or something I dont know what to do. Please advise

You're not still a US citizen until you take you oath on November 2011. Though it will be upgraded automatically, you should still call the USCIS/NVC regarding your citizenship and send a copy of your Certificate.. No need to file and submit a I-130..

We have the same situation.. My wife will take her Oath ten (10) days from now and I am scheduled for interview on October 28, 2011 at USEM..

Goodluck and Godbless Us All.

[Darnell 8,478]

how many I-130s you file?

[DouglasFiel 53]

Upgraded means just that... As a citizen your immediate relatives are not subject to visa number limitations and their

visa process will move from "Approved: waiting for a visa prioritized number" to "Approved: Issue Visa"

[john1128 1]

Yes I had my oathtaking of course. I forwarded my certificate of US citizenship to NVC thats why they replied back to me. I am now Citizen.

I filed 3 separate I-130's for each of them. One for my wife, and each separately for my boys.

Nothing to worry or what?

Im just having this anxiety feeling coz I waited 5 years and tired of being away from them.

Again those I-130's has been approved April 2011 long before I became citizen. I just dont understand that line "Immigration nationality act does not allow derivatives status to family members of immediate relatives"

Its just whenever I see negative word DOES NOT means trouble or something.

[Darnell 8,478]

so is 3 I-130's - that's a plus, no other backtracking required.

At some point, NVC is gonna take notice of yer USCitizenship status,

and then

the 'prior waiting on Priority Date', for a Visa Number to be available,

disappears,

and then

'normal processing at NVC' will start.

Usually, when yer waiting on yer Priority Date to be come current (you had one of those, btw)

even with the I-130s approved at USCIS,

the casefiles would go to a holding tank at the National Benefits Center - to be held until the priority date becomes current, FIFO queue processing.

So, yer right at the edge, the precipice, of having NVC start yer stuff.

It may be that the casefiles are indeed in storage, currently, so NVC will eventually pull them out of storage,

and then that 'normal NVC processing' will occur.

So, for now, keep on NVC, calling them to inquire about the status of this conversion to 'CR-1' status - ask them, pointedly, if they have the 3 casefiles in their office, or if they still are requesting the files to be sent from storage. IF you get a braindead NVC Tele-Operator, ask for a supervisor to help you suss out location of the casefiles.

Good Luck !

[bdawn 66]

Since you're now a U.S Citizen, your wife and children are considered "Immediate Relatives." With this, your children are no longer derivatives and do not automatically qualify for visa based on the approved petition. You are now required to file a separate petition for your children. Your wife is the primary beneficially of the approved petition and it was meant to cover the children as well. But since you're now a U.S Citizen, your family (your wife and unmarried children under 21) are considered Immediate Relatives and require separate petitions. The approved petition now covers your wife alone (if she was the primary beneficially) and now you have to file different petitions for each of your children (i-130).

so is 3 I-130's - that's a plus, no other backtracking required.

At some point, NVC is gonna take notice of yer USCitizenship status,

and then

the 'prior waiting on Priority Date', for a Visa Number to be available,

disappears,

and then

'normal processing at NVC' will start.

Usually, when yer waiting on yer Priority Date to be come current (you had one of those, btw)

even with the I-130s approved at USCIS,

the casefiles would go to a holding tank at the National Benefits Center - to be held until the priority date becomes current, FIFO queue processing.

So, yer right at the edge, the precipice, of having NVC start yer stuff.

It may be that the casefiles are indeed in storage, currently, so NVC will eventually pull them out of storage,

and then that 'normal NVC processing' will occur.

So, for now, keep on NVC, calling them to inquire about the status of this conversion to 'CR-1' status - ask them, pointedly, if they have the 3 casefiles in their office, or if they still are requesting the files to be sent from storage. IF you get a braindead NVC Tele-Operator, ask for a supervisor to help you suss out location of the casefiles.

Good Luck !

Philippines

My wife and 2 children's I-130 has been approved April 2011. I became US citizen this month November 2011 and upgraded their petition right away not I received a letter from NVC stating that my wife has been converted to CR1. Does it mean I need to file another I-130 or what. My kids are ok I guess it was just a short note that they received the request. My wife's letter says based on INA Act they do not confer or grant derivative status or something I dont know what to do. Please advise

Since you're now a U.S Citizen, your wife and children are considered "Immediate Relatives." With this, your children are no longer derivatives and do not automatically qualify for visa based on the approved petition. You are now required to file a separate petition for your children. Your wife is the primary beneficially of the approved petition and it was meant to cover the children as well. But since you're now a U.S Citizen, your family (your wife and unmarried children under 21) are considered Immediate Relatives and require separate petitions. The approved petition now covers your wife alone (if she was the primary beneficially) and now you have to file different petitions for each of your children (i-130).

[Darnell 8,478]

sorry - some update problem - i try again [new stuff at the bottom]

so is 3 I-130's - that's a plus, no other backtracking required.

At some point, NVC is gonna take notice of yer USCitizenship status,

and then

the 'prior waiting on Priority Date', for a Visa Number to be available,

disappears,

and then

'normal processing at NVC' will start.

Usually, when yer waiting on yer Priority Date to be come current (you had one of those, btw)

even with the I-130s approved at USCIS,

the casefiles would go to a holding tank at the National Benefits Center - to be held until the priority date becomes current, FIFO queue processing.

So, yer right at the edge, the precipice, of having NVC start yer stuff.

It may be that the casefiles are indeed in storage, currently, so NVC will eventually pull them out of storage,

and then that 'normal NVC processing' will occur.

So, for now, keep on NVC, calling them to inquire about the status of this conversion to 'CR-1' status - ask them, pointedly, if they have the 3 casefiles in their office, or if they still are requesting the files to be sent from storage. IF you get a braindead NVC Tele-Operator, ask for a supervisor to help you suss out location of the casefiles.

Finally, make sure the casefiles on the children are 'married together' with the spouse's casefile at NVC. You'll have to ask for this.

Good Luck !

[pushbrk 12,910]

Yes I had my oathtaking of course. I forwarded my certificate of US citizenship to NVC thats why they replied back to me. I am now Citizen.

I filed 3 separate I-130's for each of them. One for my wife, and each separately for my boys.

Nothing to worry or what?

Im just having this anxiety feeling coz I waited 5 years and tired of being away from them.

Again those I-130's has been approved April 2011 long before I became citizen. I just dont understand that line "Immigration nationality act does not allow derivatives status to family members of immediate relatives"

Its just whenever I see negative word DOES NOT means trouble or something.

Since your children all have approved I-130 petitions there is no need for derivative status. It's just a fact with no impact on your case. Time to learn and follow the NVC shortcuts and get your family here ASAP.

[Darnell 8,478]

yup - dig in deep with Ling Che on the wiki here. It'll be yer new bible for a few weeks.

[john1128 1]

Who is Ling Che? Anyways thanks to her in advance whoever she is.

So I got that clarified with NVC my petitions are all good because I initially filed for 3 different I-130's for them. I have a new question though:

THey said I will now receive a letter from them since I upgraded the petition now Im a US citizen, is that the request to provide affidavit of earnings?? Dont know whats next.

Edited October 5, 2011 by john1128

[pushbrk 12,910]

Who is Ling Che? Anyways thanks to her in advance whoever she is.

So I got that clarified with NVC my petitions are all good because I initially filed for 3 different I-130's for them. I have a new question though:

THey said I will now receive a letter from them since I upgraded the petition now Im a US citizen, is that the request to provide affidavit of earnings?? Dont know whats next.

To know what is next, you take the advice already given and study the NVC process. Spoon feeding is the least efficient way to learn.