Help: Green card holder turned US citizen while i130 petition is pending

[ritbiv 95]

Hi all

I am new here. My husband has filed i130 for me. He is currently a legal permanent resident but soon going to be a citizen. What shall we need to do to convert my visa category from F2a to CR1 after he gets US citizenship. Any help please.

Edited May 22, 2014 by rituparnabivas

[amysummer13 7]

He can only upgrade your application after his citizenship has been approved and completed.

Below is the sample letter he can send out to either USCIS or NVC depending on where your application is at the time of the completion of his Citizenship.

========================================================================================

<petitioner name>

<street address>

<city, state, zip>

Phone: <phone number>

<today’s date>

National Visa Center,

32 Rochester Avenue,

Portsmouth, NH 03801-2909

Re: Upgrading a Petition to <Immediate Relative>

Dear Sir/Madam:

While I was a legal permanent resident, I petitioned for my spouse and recently became a US citizen.

Case Details:

Petitioner: <petitioner name>

Beneficiary: <beneficiary name>

Preference Category: <F2A, Spouse of LPR>

Case Number: <case number>

A copy of my naturalization certificate and copy of I-797, Notice of Action for approval of I-130 petition are enclosed herewith.

Please upgrade my wife from category F2A to immediate relative, and proceed with consular processing.

Very truly yours,

<petitioner signature>

<petitioner name>

Encl:

Copy of naturalization certificate

Copy of I-797, Notice of Action for approval of I-130 petition

[ritbiv 95]

Thanks a lot for your help.

[ritbiv 95]

He can only upgrade your application after his citizenship has been approved and completed.

Below is the sample letter he can send out to either USCIS or NVC depending on where your application is at the time of the completion of his Citizenship.

========================================================================================

<petitioner name>

<street address>

<city, state, zip>

Phone: <phone number>

<todays date>

National Visa Center,

32 Rochester Avenue,

Portsmouth, NH 03801-2909

Re: Upgrading a Petition to <Immediate Relative>

Dear Sir/Madam:

While I was a legal permanent resident, I petitioned for my spouse and recently became a US citizen.

Case Details:

Petitioner: <petitioner name>

Beneficiary: <beneficiary name>

Preference Category: <F2A, Spouse of LPR>

Case Number: <case number>

A copy of my naturalization certificate and copy of I-797, Notice of Action for approval of I-130 petition are enclosed herewith.

Please upgrade my wife from category F2A to immediate relative, and proceed with consular processing.

Very truly yours,

<petitioner signature>

<petitioner name>

Encl:

Copy of naturalization certificate

Copy of I-797, Notice of Action for approval of I-130 petition

If my husband upgrades the petition while it is under processing at uscis does that mean I can skip the waiting time to reach a priority date? My husband has already done the biometrics portion as part of his N400 application on 05/15, so I think he will get his passport in 3-4 months and he sent the I130 on 05/20 so it will be under processing at uscis at that time.

[anly8872 25]

If my husband upgrades the petition while it is under processing at uscis does that mean I can skip the waiting time to reach a priority date? My husband has already done the biometrics portion as part of his N400 application on 05/15, so I think he will get his passport in 3-4 months and he sent the I130 on 05/20 so it will be under processing at uscis at that time.

As you see processing time on USCIS website, the process for F2A and CR1/ IR1 are the same time frame. So, when your husband became USC but your case still pending...just notify them your husband now is USC. And then wait for approval, look at approval notice, if they listed in the "USC filling for spouse....." so you dont need to notify to NVC. But if you see "Permanent resident filling....." you MUST notify NVC. Just in case if USCIS did not received your notification so they still process your case under F2A