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BrokenWings

When to file I 130? Best route?

By BrokenWings in IR-1 / CR-1 Spouse Visa Process & Procedures

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BrokenWings Contributor

BrokenWings   8

Posted
Filed: Lift. Cond. (pnd) Timeline
Posted

Hello folks- I am a LPR (10 YR GC) with N400 pending; so I am not USC yet. I really want to bring my parents and my spouse (got married before filing N400 and provided spouse info in N400 application) as soon as I can because life has been difficult for me maintaining everything alone and my spouse has some medical condition. Should I wait for my N400 to be adjudicated/approved and then file I130 petition for them? Or I should file now and change my citizenship status once it changes? I know as a LPR, I can file for spouse but not parents. I am just holding back in case filing as LPR unnecessarily increases the processing time. Someone said to file as soon as possible and just change my status once N400 gets approved. Any opinion on this situation? What can be my best route to take?

Ryan H Grand Master

Ryan H   3,840

Posted
Filed: Lift. Cond. (apr) Country: China
 Timeline
Posted

File for your spouse now, upgrade the petition after you naturalize.

Our journey:

Spoiler

September 2007: Met online via social networking site (MySpace); began exchanging messages.
March 26, 2009: We become a couple!
September 10, 2009: Arrived for first meeting in-person!
June 17, 2010: Arrived for second in-person meeting and start of travel together to other areas of China!
June 21, 2010: Engaged!!!
September 1, 2010: Switched course from K1 to CR-1
December 8, 2010: Wedding date set; it will be on February 18, 2011!
February 9, 2011: Depart for China
February 11, 2011: Registered for marriage in Wuhan, officially married!!!
February 18, 2011: Wedding ceremony in Shiyan!!!
April 22, 2011: Mailed I-130 to Chicago
April 28, 2011: Received NOA1 via text/email, file routed to CSC (priority date April 25th)
April 29, 2011: Updated
May 3, 2011: Received NOA1 hardcopy in mail
July 26, 2011: Received NOA2 via text/email!!!
July 30, 2011: Received NOA2 hardcopy in mail
August 8, 2011: NVC received file
September 1, 2011: NVC case number assigned
September 2, 2011: AOS invoice received, OPTIN email for EP sent
September 7, 2011: Paid AOS bill (payment portal showed PAID on September 9, 2011)
September 8, 2011: OPTIN email accepted, GZO number assigned
September 10, 2011: Emailed AOS package
September 12, 2011: IV bill invoiced
September 13, 2011: Paid IV bill (payment portal showed PAID on September 14, 2011)
September 14, 2011: Emailed IV package
October 3, 2011: Emailed checklist response (checklist generated due to typo on Form DS-230)
October 6, 2011: Case complete at NVC
November 10, 2011: Interview - APPROVED!!!
December 7, 2011: POE - Sea-Tac Airport

September 17, 2013: Mailed I-751 to CSC

September 23, 2013: Received NOA1 in mail (receipt date September 19th)

October 16, 2013: Biometrics Appointment

January 28, 2014: Production of new Green Card ordered

February 3, 2014: New Green Card received; done with USCIS until fall of 2023*

December 18, 2023:  Filed I-90 to renew Green Card

December 21, 2023:  Production of new Green Card ordered - will be seeing USCIS again every 10 years for renewal

 

Boiler Grand Master

Boiler   46,414

Posted
Filed: K-1 Visa Country: Wales
 Timeline
Posted

I see no point waiting

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

Dashinka Grand Master

Dashinka   25,011

Posted
Filed: Citizen (apr) Country: Russia
 Timeline
Posted (edited)

File for your spouse now, I agree with @Boiler, and @Ryan H, no point in waiting, and you can upgrade after naturalizing.  Each I130 will be treated as a separate petition, so don't worry about having multiple petitions except as it relates to the I864, but when you do file for your parents after becoming a USC, you can get the petitions together during the NVC and consulate phases.

 

Good Luck!

Edited by Dashinka

Visa Received : 2014-04-04 (K1 - see timeline for details)

US Entry : 2014-09-12

POE: Detroit

Marriage : 2014-09-27

I-765 Approved: 2015-01-09

I-485 Interview: 2015-03-11

I-485 Approved: 2015-03-13

Green Card Received: 2015-03-24 Yeah!!!

I-751 ROC Submitted: 2016-12-20

I-751 NOA Received:  2016-12-29

I-751 Biometrics Appt.:  2017-01-26

I-751 Interview:  2018-04-10

I-751 Approved:  2018-05-04

N400 Filed:  2018-01-13

N400 Biometrics:  2018-02-22

N400 Interview:  2018-04-10

N400 Approved:  2018-04-10

Oath Ceremony:  2018-06-11 - DONE!!!!!!!

BrokenWings Contributor

BrokenWings   8

Posted
Filed: Lift. Cond. (pnd) Timeline
  • Author
Posted
11 hours ago, Dashinka said:

File for your spouse now, I agree with @Boiler, and @Ryan H, no point in waiting, and you can upgrade after naturalizing.  Each I130 will be treated as a separate petition, so don't worry about having multiple petitions except as it relates to the I864, but when you do file for your parents after becoming a USC, you can get the petitions together during the NVC and consulate phases.

 

Good Luck!

How can I upgrade after becoming USC? And based on your last note, did you mean I can file for my parents in one I130? You said together. 

pushbrk Grand Master

pushbrk   13,263

Posted
Filed: Other Country: China
 Timeline
Posted
25 minutes ago, BrokenWings said:

How can I upgrade after becoming USC? And based on your last note, did you mean I can file for my parents in one I130? You said together. 

You notify USCIS that you've naturalized.  When the petition for spouse gets to the National Visa Center, it will proceed right away.

 

As a US Citizen, you'll file a separate petition/I-130 for each parent.

Facts are cheap...knowing how to use them is precious...
Understanding the big picture is priceless. Anonymous

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Dashinka Grand Master

Dashinka   25,011

Posted
Filed: Citizen (apr) Country: Russia
 Timeline
Posted
7 hours ago, BrokenWings said:

How can I upgrade after becoming USC? And based on your last note, did you mean I can file for my parents in one I130? You said together. 

No, as @pushbrk stated, each parent requires their own I130 (no derivatives for immediate relatives).  As to notifying USCIS of the change in your spouse’s application (from F2A to IR1), that should happen automatically, but most people contact USCIS with proof of their naturalization along with the case number of the spouse’s I130.

 

Good Luck!

Visa Received : 2014-04-04 (K1 - see timeline for details)

US Entry : 2014-09-12

POE: Detroit

Marriage : 2014-09-27

I-765 Approved: 2015-01-09

I-485 Interview: 2015-03-11

I-485 Approved: 2015-03-13

Green Card Received: 2015-03-24 Yeah!!!

I-751 ROC Submitted: 2016-12-20

I-751 NOA Received:  2016-12-29

I-751 Biometrics Appt.:  2017-01-26

I-751 Interview:  2018-04-10

I-751 Approved:  2018-05-04

N400 Filed:  2018-01-13

N400 Biometrics:  2018-02-22

N400 Interview:  2018-04-10

N400 Approved:  2018-04-10

Oath Ceremony:  2018-06-11 - DONE!!!!!!!

 
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