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Upgrading spouse F2 petition after becoming US Citizen.

New York, NY |

In September 2013 filed I-485 and I-130 for spouse based on F2 quota becoming current. I just became US citizen, spouse's I-130 status show initial review. I-485 shows testing and scheduling (EAC rec'd). What are the next steps for us? Any complications/processing time extended that we should worry about once we file for upgrade?

Wife is in the US. Arrived legally.

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Attorney answers 5


You wait for the interview. No need to upgrade anything.

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.



Thank you for your answer. Would this now change the hopefully approved application to receive 2 yrs green card as oppose to 10yrs one?


No notification is required. Your wife's pending I-485 is approvable whether you are a U.S. citizen or not.


I would send Immigration a copy of your naturalization certificate along with the receipt notices to show them that you are now a US citizen.

This answer is for general informational purposes and does not take the place of a consultation with an experienced immigration attorney. This answer does not create an attorney-client relationship.


The consequence of you becoming US citizen on this petition is that your wife is now considered to be your immediate family member, for immigration purposes, and a visa is always available to immediate family members. Contact immigration lawyer Gintare Grigaite, Esq. of Grigaite & Abdelsayed, LLC at 201-471-7989, located in New York and New Jersey, for a consultation about your immigration case. Answers on AVVO do not constitute legal advice and do not form attorney-client relationship. Always consult an attorney for a legal advice.


You should be fine as is.

Mr. Asatrian's practice is dedicated to the area of immigration and nationality law. Please note the information provided herein does not constitute legal advice and should not be construed as such by anyone. It should not be relied upon as legal advice as more specific facts, research and analysis may be required to formulate a proper strategy and action in your matter. Please note this does not create an attorney-client relationship whatsoever. You should seek the assistance of an experienced immigration attorney to review your matter thoroughly and gather all of the necessary information and documentation to provide you with the best possible legal solution.