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Accepted I-130 and pending I-485 filed while spouse had GC who is becoming citizen

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  • Accepted I-130 and pending I-485 filed while spouse had GC who is becoming citizen

    Hi All,

    I filed for a Family Based adjustments of status about a year ago based on my wife who is a green card holder. Around the time of the filing, my priority date was current, but between submitting my biometrics and going for the interview, my the FB category retrogressed. At my GC interview, I was told that I would be recommended to be accepted, but they cannot issue the GC until my priority date becomes current.

    This was a year ago, and my priority date is still not current. Meanwhile, my wife is to become a citizen in a week.

    My question: What am I supposed to do to let USCIS know about this change in status, as I have it, this would mean that I no longer have to wait for the priority date because my GC wife would now be a citizen. Would I need to file the i-130 or i-145 again since both were pretty much already accepted and I am just waiting for my PD.

  • #2
    When your wife has her Naturalization Certificate, send copy of Naturalization cert, copy of I-485 receipt NOA, copy of I-130 receipt NOA, and ask for upgrade of Priority Date to "current" because of petiioner's acquiring Naturalization.

    --Ray B

    Originally posted by tribe View Post
    Hi All,

    I filed for a Family Based adjustments of status about a year ago based on my wife who is a green card holder. Around the time of the filing, my priority date was current, but between submitting my biometrics and going for the interview, my the FB category retrogressed. At my GC interview, I was told that I would be recommended to be accepted, but they cannot issue the GC until my priority date becomes current.

    This was a year ago, and my priority date is still not current. Meanwhile, my wife is to become a citizen in a week.

    My question: What am I supposed to do to let USCIS know about this change in status, as I have it, this would mean that I no longer have to wait for the priority date because my GC wife would now be a citizen. Would I need to file the i-130 or i-145 again since both were pretty much already accepted and I am just waiting for my PD.

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