How do I change my category from F2A to IR1/CR1 while AOS is pending if I-130 has approved?

[FlowerRoll0711 0]

I am sponsoring my husband for his green card. We filed the I-130 in March 2023 and the I-485 in August 2023 for family-based immigration (F2A category). We received an approval notice for the I-130 in January 2024.

 

I initially filed under the F2A category because I was a permanent resident at that time. However, I have recently become a U.S. citizen, and I am wondering how I can upgrade his petition from F2A to IR1/CR1.

 

The beneficiary (my husband) is currently in the U.S. with an I-765 EAD card (C09 category).

[OldUser 8,501]

  On 7/6/2024 at 12:13 AM, FlowerRoll0711 said:

I am sponsoring my husband for his green card. We filed the I-130 in March 2023 and the I-485 in August 2023 for family-based immigration (F2A category). We received an approval notice for the I-130 in January 2024.

 

I initially filed under the F2A category because I was a permanent resident at that time. However, I have recently become a U.S. citizen, and I am wondering how I can upgrade his petition from F2A to IR1/CR1.

 

The beneficiary (my husband) is currently in the U.S. with an I-765 EAD card (C09 category).

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Was the beneficiary in status all this time? Is I-485 pending? Just write a letter and attach copy of your naturalization certificate.

Edited July 6, 2024 by OldUser

[FlowerRoll0711 0]

  On 7/6/2024 at 6:13 PM, OldUser said:

Was the beneficiary in status all this time? Is I-485 pending? Just write a letter and attach copy of your naturalization certificate.

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Yes, the beneficiary is maintaining valid status all the time inside the US. I-485 is pending and i130 has been approved. Can I still write a letter and attach a copy of the naturalization certificate to USCIS?

[OldUser 8,501]

  On 7/6/2024 at 6:23 PM, FlowerRoll0711 said:

Yes, the beneficiary is maintaining valid status all the time inside the US.

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Student visa? Either way overstay should be forgiven for spouse of US citizen.

  On 7/6/2024 at 6:23 PM, FlowerRoll0711 said:

Can I still write a letter and attach a copy of the naturalization certificate to USCIS?

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Yes

[Ontarkie 14,707]

~~Moved to AOS from Work, Student and Tourist Visas, from AOS Family K1/K3 P&P~~