You are here:

Immigration Issues/How to upgrade approved I-130 petition (for spouse) from sponsor being legal resident to citizen.

Advertisement


Question
I entered US legally on a tourist visa, but overstayed and currently out of status.
I got married few years later and my husband filed a stand alone I-130 petition for me when he was still a legal resident. The application was approved and visa number is available. That happened two years ago and now my husband is a citizen.
We kept the I-130 'alive' by contacting NVC every year since visa was issued and ensuring that we were still interested in pursuing adjustment of status. We have a paper trail to prove it.
Questions:
Do I have to call NVC to tell them about husbands' newly acquired citizenship?
Can I file I-485 with the documentation showing previously accepted I-130?

Thank you.

Answer
Dear maggie:
You are eligible to apply for adjustment of status (I-485) as soon your husband becomes US Citizen and/or the priority date becomes current (if still LPR).

You may contact NVC and inform them that you would be adjusting your status in the US, and immediately file your I-485 packet along with copy of I-130 receipt notice and approval notice (if any).  

You may contact us for assistance in this regard.

Best wishes,
Ajay Singh, Esq.
845-784-1500
AJASIN@GMAIL.COM

Immigration Issues

All Answers


Answers by Expert:


Ask Experts

Volunteer


AJAY SINGH

Expertise

Questions regarding Immigration to United States, including Removal/Deportation Proceedings, Asylum; Green Card through Family (Fiance/ee Visa, Spouse, Children, Parents, Siblings); Green Card through Employment (Labor Certification - PERM, Extra Ordinary Ability - EB1, Religious/Entrepreneur - EB4/EB5); Non-Immigrant Visas - H1B, L1, F & M, J1, J1 waiver, Humanitarian relief (Cancellation of Removal, Prosecutorial Discretion, TPS, Dream Act); Hardship Waiver (I-601/212) etc., are welcome.

Experience

Dealing with clients seeking immigration help since year 2001. Main area of practice is Immigration Law.

Organizations
Member - AILA. Bar Council of India.

Education/Credentials
LL.M - Benjamin N. Cardozo School of Law, NY. LL.B - Campus Law Center, University of Delhi, New Delhi.

©2016 About.com. All rights reserved.