I-130 Petition for Siblings (F4) - How to inform USCIS/NVC about Change of Nationality

[Jeff O. 1]

Hello everyone, looking for some help on my sister's pending I-130 petition (F4).  Her priority date is Oct 2011 (CA Service Center).  When we filed it back in 2011, she has Philippines citizenship.  Fast forward to 2022, we are still waiting to hear back from USCIS (CA processing time is ~140.7 months). My sister is now an Australian citizen.  Question: Do we need to inform USCIS about my sister's change of address and nationality?  As I understand it, there is a significant backlog (20+ yrs) for Filipinos.  Thinking if we can inform USCIS about the change of nationality (Filipino to Australian), it will cut back at least 5 years of wait time when the case gets to NVC.  Or should we just wait for USCIS to approve the petition and submit the new address/nationality once we get to the NVC stage?  Appreciate your guidance and help.

[powerpuff 6,714]

They will still process based on initial, original citizenship (Philippines in this case) even if she got citizenship elsewhere after.

[Lil bear 4,230]

37 minutes ago, Jeff O. said:

Hello everyone, looking for some help on my sister's pending I-130 petition (F4).  Her priority date is Oct 2011 (CA Service Center).  When we filed it back in 2011, she has Philippines citizenship.  Fast forward to 2022, we are still waiting to hear back from USCIS (CA processing time is ~140.7 months). My sister is now an Australian citizen.  Question: Do we need to inform USCIS about my sister's change of address and nationality?  As I understand it, there is a significant backlog (20+ yrs) for Filipinos.  Thinking if we can inform USCIS about the change of nationality (Filipino to Australian), it will cut back at least 5 years of wait time when the case gets to NVC.  Or should we just wait for USCIS to approve the petition and submit the new address/nationality once we get to the NVC stage?  Appreciate your guidance and help.

If its that much quicker… is it practical to file again using Aust citizenship as basis. Means repaying the I130 fee  .. 

[Family 4,014]

1 hour ago, Jeff O. said:

My sister is now an Australian citizen.  Question: Do we need to inform USCIS about my sister's change of address and nationality?  As I understand it, there is a significant backlog (20+ yrs) for Filipinos.  Thinking if we can inform USCIS about the change of nationality (Filipino to Australian), it will cut back at least 5 years of wait time when the case gets to NVC.  Or should we just wait for USCIS to approve the petition and submit the new address/nationality once we get to the NVC stage?  Appreciate your guidance and help.

Is your sister married to an Australian citizen ? 
If so , she can claim cross-chargeability by notifying USCIS now, no need to refile.

 

https://www.uscis.gov/policy-manual/volume-7-part-a-chapter-6

 

In certain situations, an applicant may benefit from the charging of their visa to their spouse’s or parent’s country of birth rather than their own. This is known as cross-chargeability. 

In practice, cross-chargeability is used where the preference quota category is backlogged for one spouse’s country of chargeability but is current for the other spouse’s country of chargeability. The principal applicant may cross-charge to the derivative spouse’s country, and the derivative spouse may cross-charge to the principal’s country.^[49]

[Jeff O. 1]

Thanks @Family

My sister is naturalized Australian citizen.

Will the Australian citizenship help expedite her case faster on both the USCIS I-130 and the NVC stage?  

[Jeff O. 1]

1 hour ago, powerpuff said:

They will still process based on initial, original citizenship (Philippines in this case) even if she got citizenship elsewhere after.

 

Thanks @powerpuff

Can you clarify?

Will the USCIS process the I-130 as it is.  But at the NVC stage, that when I provide her updated info - new nationality (Australian) so she can be slotted in the general category instead Philippines? 

[powerpuff 6,714]

1 minute ago, Jeff O. said:

 

Thanks @powerpuff

Can you clarify?

Will the USCIS process the I-130 as it is.  But at the NVC stage, that when I provide her updated info - new nationality (Australian) so she can be slotted in the general category instead Philippines? 

She won’t be ’transferred’ to the general category because the citizenship she had when you submitted I-130 which in this case is Philippines is what matters. She will be processed in the Philippines category on the visa bulletin regardless of other citizenship obtained after you already submitted the I-130. 

[Family 4,014]

If you read the link on chargeability it will be clear to you that IF she IS married to an Australian citizen  ( or ANY other nationality per visa bulletin)….she can claim HIS country . 

[Jeff O. 1]

10 minutes ago, powerpuff said:

She won’t be ’transferred’ to the general category because the citizenship she had when you submitted I-130 which in this case is Philippines is what matters. She will be processed in the Philippines category on the visa bulletin regardless of other citizenship obtained after you already submitted the I-130. 

Oh... darn.  I thought her getting an Australian citizenship would help.  😟

[Jeff O. 1]

12 minutes ago, Family said:

If you read the link on chargeability it will be clear to you that IF she IS married to an Australian citizen  ( or ANY other nationality per visa bulletin)….she can claim HIS country . 

Sorry.  I forgot to elaborate.  She is not married to an Australian citizenship.

She got her citizenship through the regular process.

[Family 4,014]

 

@powerpuff had already clarified for you that your sister remains subscribed to country of birth …

 

I was only adding that IF she is married or marries, she can gain the advantage you seek.
 

An IV applicant subject to these numerical limitations is generally chargeable to the numerical limitation applicable to the applicant’s place of birth.  

https://fam.state.gov/fam/09FAM/09FAM050302.html

[Family 4,014]

25 minutes ago, Jeff O. said:

Oh... darn.  I thought her getting an Australian citizenship would help.  😟

I think  nonetheless, you should give a try to claim Australia ..by contacting USCIS. ..and also update /change consulate. 
 

Little miracles happen at times and the effort is free .

[Jeff O. 1]

28 minutes ago, Family said:

I think  nonetheless, you should give a try to claim Australia ..by contacting USCIS. ..and also update /change consulate. 
 

Little miracles happen at times and the effort is free .

@Family Thanks for the encouragement and for the link.   This is helpful.

For a brief moment, I thought I can be reunited with my sister.

Perhaps I will just encourage her to use E-3 visa to go here, while waiting for her petition to get approved.

 

 

One follow up question.

How do I contact USCIS to update this information, should I write to the CA Service Center and provide the necessary supporting documents?

 

Really appreciate your feedback and guidance!

[Family 4,014]

51 minutes ago, Jeff O. said:

1 hour ago, Family said:

I think  nonetheless, you should give a try to claim Australia ..by contacting USCIS. ..and also update /change consulate. 
 

Little miracles happen at times and the effort is free .

@Family Thanks for the encouragement and for the link.   This is helpful.

For a brief moment, I thought I can be reunited with my sister.

Perhaps I will just encourage her to use E-3 visa to go here, while waiting for her petition to get approved.

 

 

One follow up question.

How do I contact USCIS to update this information, should I write to the CA Service Center and provide the necessary supporting documents?

 

Really appreciate your feedback and guidance!

You will need to take the everything-including-the -kitchen-sink approach and see which one sticks as a few may bounce back:

1. Write a brief Letter “ Supplemental Filing to I-130 case## Claim to cross-country chargeability  to Australia and change in Consulate Designation “  Short description of beneficiaries newly acquired citizenship AND point out she automatically lost her Philippine citizenship on becoming an Australian citizen. Include evidence , mail w copy of I-130 receipt to address on receipt ( Keep copies and tracking #)

 

2. call USCIS, get through a 2nd level human ( I think repeating InfoPass still works) , read out your letter and see if they can initiate request or give you an email address to submit.

 

3. Set up a USCIS online account and see if it will allow you to link the I-130 and upload .

 

4. If no response wait a few weeks and Google your Congressman, sign their case authorization form , include #1 and remember to EMPHASIZE your sister automatically “ lost” Philippine citizenship and should be accorded new country of chargeability..

 

 

 

 

Edited September 27, 2022 by Family

[Family 4,014]

53 minutes ago, Jeff O. said:

Perhaps I will just encourage her to use E-3 visa to go here, while waiting for her petition to get approved.

That is a great idea and her skills would surely be appreciated…