help to upgrade case

[akuma82 0]

My documents are at the nvv, initially i filed for my wife with green card and attached my baby who is 9 months old to the case. I just received my citizenship and my fear to upgrade to ir1 is because they will remove my baby to the case. What should i do upgrade or not, and her priority date is current.

[aaron2020 11,651]

Hi,

You don't have a choice. You can not choose to not upgrade the case. You will have to disclose that you are now a U.S. citizen.

Don't waste time and money trying to go through the process as an LPR when you are now a U.S. citizen.

File an I-130 for your child. Include a copy of your wife's NOA2. In the cover letter, ask for an expedite.

Best of luck

[Pitaya 2,577]

~duplicate posting removed~

[akuma82 0]

Does it mean that i cant maintain the green card status?

[aaron2020 11,651]

Does it mean that i cant maintain the green card status?

You are a U.S. citizen. You are no longer an LPR. You can not maintain something you no longer have.

Your family can not get green cards in the F2a category.

YOU MUST UPGRADE. You do not have a choice. If you fail to inform the NVC or US Embassy that you are a U.S. citizen and proceed with the case as if you were still an LPR, you will be committing immigration fraud and create delays in getting your family here.

Edited August 16, 2015 by aaron2020

[akuma82 0]

THANKS FOR YOUR ADVICE

[akuma82 0]

how do you espedite form i130?

[aaron2020 11,651]

how do you espedite form i130?

See my first post to you.

[akuma82 0]

is it possible to apply for an immigrant visa for a 9months old baby and travel with as follow along, after the mom has got her own innigrant visa

[newacct 688]

Need more information. The mom is immigrating through what? Was the baby born before or after the mom got her immigrant visa?

[akuma82 0]

the mom is immigrating because i file for her with my green card and attached my daughter, i just had my citizenship last week and i called nvc and they said my daughter will be remove from the case, i dont know what to do.

my daughter is just 9 months old

[newacct 688]

You need a separate petition for the daughter because once you become a citizen, your wife goes in to the Immediate Relative category which cannot have derivative beneficiaries. You should file the petition ASAP and have them expedite it because the mom has already gotten hers.

[akuma82 0]

Will the nvc reconsider the ds 260 form filed for the baby before and reconsider the $325 i paid for the baby immigrant visa fee when she was attached to her mom

[akuma82 0]

Will nvc reconsider the previous immigrant application fee and the $325 i paid when my daughter was derivative beneficiary

[akuma82 0]

My wife i130 was approuved 9months ago, how csn i expedite my 9months old baby i130 application for both to travel at the same time