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Upgrading I-130 Petition.

Chicago, IL |

I am Legal Permanent Resident of US and I have filed I-130 petition for my wife on February 2012 and case is currently Pending at California Service Center. Coming week, I am becoming Naturalized US Citizen and I understand that after I become naturalized US citizen I have to request USCIS to upgrade my wife's I-130 petition to Spouse of US Citizen. As per my knowledge,currently, I-130 petition of US Citizen's Spouse is processed only at local USCIS field offices not at USCIS Service Centers.

So what happens when I inform USCIS to upgrade my wife's I-130 Petition? How it will be processed? How long USCIS will take to process our I-130 petition? Will California Service center process our I-130 petition or it will be sent to local field office?

Currently my wife is living abroad and she have never come to US.

Attorney Answers 4

  1. Depends on whether your wife is residing in the US or abroad.

    (213) 394-4554 x0 Mr. Shusterman is a former INS Trial Attorney (1976-82) with over 35 years of immigration experience. His response to your question is general in nature, as not all the facts are known to him. You should retain an attorney experienced in immigration law to review all the facts in your case in order to receive advice specific to your case. Mr. Shusterman's statement above does not create an attorney/client relationship.

  2. You didn't tell us where she is.

    You are incorrect as to the local/Service Center responsibilities.

    Also, if she's not in the US ... the NVC, not CIS is involved.

    Consider spending a little money and meeting with an attorney..

    PROFESSOR OF IMMIGRATION LAW for over 10 years -- This blog posting is offered for informational purposes only. It does not constitute an attorney-client relationship. Also, keep in mind that this is an INTERNET BLOG. You should not rely on anything you read here to make decisions which impact on your life. Meet with an attorney, via Skype, or in person, to obtain competent personal and professional guidance.

  3. When you become a citizen you do not need to upgrade anything. If your wife is in the USA, you take the approved I-130 and a copy of your naturalization certificate to an immigration attorney so they would file the I-485 for your wife. The upgrade happens by operation of law.

    NYC EXPERIENCED IMMIGRATION ATTORNEYS; email:; Phone: (866) 456-­8654; Fax: 212-964-0440; Cell: 212-202-0325. The information contained in this answer is provided for informational purposes only, and should not be construed as legal advice on any subject matter.

  4. If you notify USCIS, they should approve the visa and forward it to the National Visa Center.

    The above is intended only as general information, and does not constitute legal advice. You must speak with an attorney to discuss your individual case.

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