amend0205

Hi,

I just want to know how do you upgrade I130...my husband file our first I130 when he was still a permanent resident. Now, that he got his Citizenship and will file for K3 visa, does he have to re-file another I130 or we just upgrade the I130 what was filed previously?

Many Thanks

Folinskyinla

Hi:

If the I-130 has already been approved as an "F-2A", you don't qualify for the K-3; go straight to Immigrant Visa processing.

Technically speaking, the approved I-130 has ALREADY been upgraded by what us legal types call "operation of law." You need NOT file anything to accomplish this.

That said, you have to tell somebody about this. However, what you do is notify the NVC about the naturalization so they can note the upgrade in their records. This can be done by letter which encloses a copy of the naturalization certificate.

Don't have a State Department "IVACS" number? No problem -- NVC can use the INS Service Center file number to accomplish the goal. A long time ago, when the NVC was first set up [as "TIVPC"], State realized the need for indexing software -- I remember that the need became obvious by its absence when TIVPC was set up, so a "quick and dirty" program was written to be used as part of the intial indexing system.

If the I-130 is still pending with the Service Center -- the problem is a little more complicated. You can notify the Service Center and tell them to "upgrade" the already existing I-130. Frankly, I have not had good experience with CSC on this. Although a pain in the rear end, before the advent of the K-3, I would have recommended doing not only that, but also filing a SECOND I-130 with a notation in the appropriate space of the prior filing.

I think the K-3 filing can go forward now with you have already done.

amend0205

Thank you. You were a great help!!!