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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

Posted

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.

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Asker

Posted

Thank you for your response, appreciate it. My wife is currently living abroad, she have never come to US.

Carl Michael Shusterman

Carl Michael Shusterman

Posted

You file the I-130. It will be approved and sent to the National Visa Center, and your wife will be interviewed abroad in 8-12 months.

Posted

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.

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Asker

Posted

Thank you for your response, appreciate it. My wife is in abroad, she never came to US.

Asker

Posted

I may be wrong, I believe 1st our I-130 petition should be approved by USCIS before NVC comes to action. So California Service Center will process our I-130 petition as soon as I upgrade I-130 petition or California service center will send this petition to Local field office? Thank you very much for your immediate response.

F. J. Capriotti III

F. J. Capriotti III

Posted

You are partially right ... as Mr. Segal pointed out ... you notify the CIS Service Center, or the NVC of your naturalization You will not, I repeat, NOT have any contact with the local field office.

Posted

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 www.myattorneyusa.com; email: info@myattorneyusa.com; 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.

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Asker

Posted

Thank you for your response Alexandar, but unfortunately my wife is not in US, she is living abroad. So in this case, how USCIS will response when I inform USCIS to upgrade our I-130 Petition when I become US citizen. Thank you again for your response.

Alexander Joseph Segal

Alexander Joseph Segal

Posted

Normally. You send them a letter with a copy of the NC. They will not upgrade anything. Just send the approval to NVC for processing.

Posted

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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