Has anyone had problems in Upgrading their petitions from F2A to IR1 when the case is already in NVC?

[cattleya777 5]

I will have my oathtaking later next month and would like to get your opinion guys, if possible. So I petitioned my husband 2012 when I was still an LPR. It was approved but because he overstayed his tourist Visa he cannot adjust here. SO his case got transferred to NVC, and we got letters from NVC that a visa is already available because of the priority date being current. We disregarded the letters because we do not want consular processing.

Now, I will be naturalized next month. My question is, will it take a lot longer to have my petition upgraded from F2A to IR1 than if we just start the application process all over again? I am just worried that NVC won't be able to transfer the files quickly and we may wait a lot longer for my husband's AOS.

Thank you so much.

[teeak 224]

Yes, I've seen on VJ that it takes about 45 days for a petition to be upgraded from F2A to IR1 if you send the request to NVC.

What you can do is file an I-485 along with other forms (I-765, I-131 etc.) and include a copy of your approved I-130 notice. Once USCIS receives this, they'll send a request to NVC asking for the petition.

You'd follow this guide: http://www.visajourney.com/content/i130guide2

but, instead of including a form I-130, you'd attach a copy of the approval notice and request for an upgrade [attach copy of naturalization cert.]

Edited January 29, 2016 by teeak

[cattleya777 5]

thanks for the response teeak!

[Ryan H 3,812]

Moved from IR-1/CR-1 Process & Procedures to NVC forum.