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Question on upgrading Family Based green card petition from F2A to Immediate Relative

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  • Question on upgrading Family Based green card petition from F2A to Immediate Relative

    I recently became a US citizen, while my wife is on a H1-B. I have filed a I-130 relative petition for my wife under F2A classification while I was a permanent resident. It was approved. Now I would like to upgrade the petition to an Immediate Relative category.
    The "Miscellaneous" sub-section of the "Family Based Green Card" section at immihelp.com says that I should notify NVC of this change. This I believe is if I want to go through consular processing. However, in my case, my wife already is in the US and needs to file a I-485 for AOS.
    How should I inform USCIS of this upgrade ? Would sending the I-485 for my wife with a copy of my Naturalization Certificate and I-130 approval notice suffice ?
    Once I apply for I-485 for her, could she apply for an EAD and Advance Parole to travel? If so, how soon can she do this ?
    Last edited by alpeiris; 07-04-2006, 01:35 PM.

  • #2
    Yes, I think she would file the I-485 along with your naturalization certificate and copy of the approved I-130.
    She can file the I-765 ( EAD) and the I-485 together. Once you receive the I-797 you can file the I-131 (AP) ...although really theres nothing stopping you from filing all three...................the EAD and AP process normally takes 2-3 months

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