Question: I filed an I-130 for my spouse when I had my green card. Two months ago we received a receipt notice with a file number. My spouse is in the US on an H1B and needs to adjust status. I just became a US citizen and want to apply I-485 for my spouse. How can I upgrade my I-130? What location should I file the I-485? For concurrent filing or location for just I-485 filing? Should I attach a copy of my citizenship certificate and a copy of I-130 and receipt notice with my I-485? Is that enough or I should call some number to update my I-130 status before I file I-485?
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Answer: Hello and thank you contacting me. Congratulations on your naturalization! I believe your spouse should file an I-485, with a copy of her I-130 receipt notice (Form I-797) and your naturalization certificate. I would also make an effort to alert USCIS to the nature of your somewhat unique filing. Something like “I-485 filing based on pending I-130 & Upgrade to immediate relative category”. I would mark the FedEx like this, in addition to a brightly colored cover paper. Not the cover letter which lists the enclosed documents, but just a separate bright sheet of paper to alert USCIS. With respect to where to file, since she is filing an I-485, I would probably file here: http://bit.ly/i201Nw. Notably, the FedEx address for I-130 filings looks the same (http://bit.ly/fjcMk6). I noticed the calling talk in some of the forums as well. The comments seem a bit outdated though. Also, I have found that USCIS does not handle anything without a check attached very well. I don’t think calling the customer service number can hurt anything, but it seems to me the I-485 filing is more likely to be effective. Finally, the way you can tell if USCIS has understood and correctly processed her application is if you get the I-485 receipt notice. They won’t accept an I-485 application if the applicant is not eligible to file it.
Best of luck and let me know if you need help with the filing.
Sincerely,
Michael Ryvin
michael@ryvinlaw.com
Rodriguez Immigration Services
ReplyDeleteAt Rodriguez Immigration Services we understand the hard work and dedication people have when immigrating to the United States.We build strong relationships with our clients to establish trust and confidence, because we comprehend how important immigration matters are to you and your family.When you choose to hire Rodriguez Immigration Services, you will receive individualized support and compassionate care that you deserve.