Foster801

My husband became a US citizen recently. I currently live in the US. My I-130
petition was originally approved by California service center as wife of Permanent
Resident. Does my I-130 automatically get upgraded by virtue of the fact that my
husband is a citizen or is there a procedure to upgrade my petition to I-130(
Immediate Relative of Citizen).Whats the procedure

If nothing neeeds to be done to upgrade can I straight away file I-485 adjustment
with copies of my husbands US passport and my original approval notice? Would really
appreciate your replies. Thank you

Ingo Pakleppa

On 11 Jun 2002 22:13:22 -0700, [email protected] (foster801) wrote:

    >My husband became a US citizen recently. I currently live in the US. My I-130
    >petition was originally approved by California service center as wife of Permanent
    >Resident. Does my I-130 automatically get upgraded by virtue of the fact that my
    >husband is a citizen or is there a procedure to upgrade my petition to I-130(
    >Immediate Relative of Citizen).Whats the procedure
    >
    >If nothing neeeds to be done to upgrade can I straight away file I-485 adjustment
    >with copies of my husbands US passport and my original approval notice? Would really
    >appreciate your replies. Thank you

You are automatically upgraded, and can file the I-485 right away. If you were
planning to use consular filing, you would have to notify the National Visa Center of
your changed status.

Ingo

I am not a lawyer and this is not legal advice. For reliable advice, please consult
with a professional immigration attorney.

For further information, check the following frequently-requested links.

For many questions, you may find answers at
http://travel.state.gov/visa_services.html (Department of State)

or http://ins.usdoj.gov (INS).

For consular policies and visa reciprocity fees, find your consulate in
http://travel.state.gov/links.html

For visa denial and suggestions what to do about them, see
http://travel.state.gov/visadenials.html

For DOL Online Labor Certification: http://workforcesecurity.doleta.gov/

For information on affidavit of support for marriage to US citizens (I-864), go to
http://travel.state.gov/i864gen.html and http://travel.state.gov/checklist.html

For information on entering the US as a K-1: http://www.k1poelist.com/

For poverty levels, see http://aspe.os.dhhs.gov/poverty/00poverty.htm

For information on H/L/O/P visa extensions at Dept. of State in St. Louis, MO, see
http://travel.state.gov/revals.html

For non-official information, check:

(When using these sites, and any Web sites, please watch out for privacy, as I do not
know all site operators.)

http://www.visalaw.com http://www.shusterman.com http://www.immigration.com
http://members.aol.com/MDUdall http://www.murthy.com/ http://www.richw.org/dualcit/
(dual citizenship FAQ) http://www.ilw.com http://www.srs-usvisa.com
http://www.getusavisa.com http://greencard-lottery.virtualave.net/
http://www.jcvisa.com (H-1B) http://www.h1bresources.com (marriage and fiancee)
http://www.kamya.com/misc/ (marriage and fiancee)
http://www.mindspring.com/~docsteen/...o/visainfo.htm http://www.workpermit.com

This is not an endorsement of any of these Web sites. I am not affiliated with any of
the Web site owners and do not receive nor accept payment in return for listing them,
and typically don't even know them.

(if believe you have a good immigration-related Web site and want your Web site
listed here, please e-mail me).

Foster801

[email protected] (foster801) wrote in message
news:<[email protected]. com>...
    > My husband became a US citizen recently. I currently live in the US. My I-130
    > petition was originally approved by California service center as wife of Permanent
    > Resident. Does my I-130 automatically get upgraded by virtue of the fact that my
    > husband is a citizen or is there a procedure to upgrade my petition to I-130(
    > Immediate Relative of Citizen).Whats the procedure
    >
    > If nothing neeeds to be done to upgrade can I straight away file I-485 adjustment
    > with copies of my husbands US passport and my original approval notice? Would
    > really appreciate your replies. Thank you

Thanks Ingo for your earlier reply.Really appreciate it. I have one more question- If
I file i486 adjustment within the the US do I need to notify National visa center and
request upgrade or not necessary?

Ingo Pakleppa

On 12 Jun 2002 19:58:31 -0700, [email protected] (foster801) wrote:

    >[email protected] (foster801) wrote in message
    >news:<[email protected] .com>...
    >> My husband became a US citizen recently. I currently live in the US. My I-130
    >> petition was originally approved by California service center as wife of Permanent
    >> Resident. Does my I-130 automatically get upgraded by virtue of the fact that my
    >> husband is a citizen or is there a procedure to upgrade my petition to I-130(
    >> Immediate Relative of Citizen).Whats the procedure
    >>
    >> If nothing neeeds to be done to upgrade can I straight away file I-485 adjustment
    >> with copies of my husbands US passport and my original approval notice? Would
    >> really appreciate your replies. Thank you
    >
    >Thanks Ingo for your earlier reply.Really appreciate it. I have one more question-
    >If I file i486 adjustment within the the US do I need to notify National visa center
    >and request upgrade or not necessary?

Good question. I don't think it's necessary. The only reason you need to inform the
NVC is that it will trigger them to forward your case to the consulate. When filing
an I-485, INS will request the file from NVC, so there is no need for you to inform
NVC. Notifying NVC may actually cause a messup - NVC might forward your file to the
consulate before INS has a chance to request it.

Of course you will have to include evidence that you are indeed now a citizen when
filing the I-485.

Ingo

I am not a lawyer and this is not legal advice. For reliable advice, please consult
with a professional immigration attorney.

For further information, check the following frequently-requested links.

For many questions, you may find answers at
http://travel.state.gov/visa_services.html (Department of State)

or http://ins.usdoj.gov (INS).

For consular policies and visa reciprocity fees, find your consulate in
http://travel.state.gov/links.html

For visa denial and suggestions what to do about them, see
http://travel.state.gov/visadenials.html

For DOL Online Labor Certification: http://workforcesecurity.doleta.gov/

For information on affidavit of support for marriage to US citizens (I-864), go to
http://travel.state.gov/i864gen.html and http://travel.state.gov/checklist.html

For information on entering the US as a K-1: http://www.k1poelist.com/

For poverty levels, see http://aspe.os.dhhs.gov/poverty/00poverty.htm

For information on H/L/O/P visa extensions at Dept. of State in St. Louis, MO, see
http://travel.state.gov/revals.html

For non-official information, check:

(When using these sites, and any Web sites, please watch out for privacy, as I do not
know all site operators.)

http://www.visalaw.com http://www.shusterman.com http://www.immigration.com
http://members.aol.com/MDUdall http://www.murthy.com/ http://www.richw.org/dualcit/
(dual citizenship FAQ) http://www.ilw.com http://www.srs-usvisa.com
http://www.getusavisa.com http://greencard-lottery.virtualave.net/
http://www.jcvisa.com (H-1B) http://www.h1bresources.com (marriage and fiancee)
http://www.kamya.com/misc/ (marriage and fiancee)
http://www.mindspring.com/~docsteen/...o/visainfo.htm http://www.workpermit.com

This is not an endorsement of any of these Web sites. I am not affiliated with any of
the Web site owners and do not receive nor accept payment in return for listing them,
and typically don't even know them.

(if believe you have a good immigration-related Web site and want your Web site
listed here, please e-mail me).