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  • Upgrade Petiton (I-130) TimeFrame

    Hi everyone,

    While I was a permanent resident I filed a I-130 (F2A) for my wife (currently in Mexico) back in September 2013 and became approved on October 29 2013 by the NVC. I became a U.S. Citizen on August 4, 2014 and sent my uprade letter (used sample letter from immihelp.com) for my wife on August 15, 2014 to the NVC; however I have not heard back from them since then. I have called twice one time on September 5, 2014 and second time October 1, 2014 and they still haven't processed the upgrade letter. Does anyone know the timeframe of this petition upgrade or know of any additional information?

    Thank you...
    Last edited by anakin10; 10-09-2014, 05:41 PM.

  • #2
    If he petition has been approved and is waiting at the National Visa Center for the Priority Date to be current, you need to send your letter and copy of your Naturalization Certificate to the NVC and ask for a written confirmation of the changed status of the petition.

    If the petition is still with USCIS, you need to send a copy of the petition receipt NOA and your Naturalization cert copy and ask for the petition to be upgraded and a written confirmation returned to you.

    --Ray B

    Originally posted by anakin10 View Post
    Hi everyone,

    While I was a permanent resident I filed a I-130 (F2A) for my wife (currently in Mexico) back in September 2013 and became approved on October 29 2013 by the NVC. I became a U.S. Citizen on August 4, 2014 and sent my uprade letter (used sample letter from immihelp.com) for my wife on August 15, 2014 to the NVC; however I have not heard back from them since then. I have called twice one time on September 5, 2014 and second time October 1, 2014 and they still haven't processed the upgrade letter. Does anyone know the timeframe of this petition upgrade or know of any additional information?

    Thank you...

    Comment


    • #3
      Upgrade Petiton (I-130) TimeFrame

      So I need to send the letter a second time and this time asking for written confirmation of the changed status?


      Originally posted by rayb View Post
      If he petition has been approved and is waiting at the National Visa Center for the Priority Date to be current, you need to send your letter and copy of your Naturalization Certificate to the NVC and ask for a written confirmation of the changed status of the petition.

      If the petition is still with USCIS, you need to send a copy of the petition receipt NOA and your Naturalization cert copy and ask for the petition to be upgraded and a written confirmation returned to you.

      --Ray B

      Comment


      • #4
        You need to send the letter to the agency, USCIS or NVC, which now has control of your petition case, and include copy of whichever document you received from USCIS or the NVC which contains the case number for that agency. Include a copy of your Naturalization Cert with your correspondence.

        --Ray B

        Originally posted by anakin10 View Post
        So I need to send the letter a second time and this time asking for written confirmation of the changed status?

        Comment


        • #5
          Upgrade Petiton (I-130) TimeFrame

          I did send a letter and copy of certifcation in August 2014 to the NVC... So i do need to send it again right?

          Originally posted by rayb View Post
          You need to send the letter to the agency, USCIS or NVC, which now has control of your petition case, and include copy of whichever document you received from USCIS or the NVC which contains the case number for that agency. Include a copy of your Naturalization Cert with your correspondence.

          --Ray B
          Last edited by anakin10; 10-10-2014, 05:30 PM.

          Comment


          • #6
            Why don't you all them and ask if your change request is in the file for your case. Call to: (603) 334-0700

            So I'm assuming that what you sent included a reference to the State Department-assigned case number (not the USCIS number), an explanation for your request, and a copy of your Naturalization Certificate?

            --Ray B

            Originally posted by anakin10 View Post
            I did send a letter and copy of certifcation in August 2014 to the NVC... So i do need to send it again right?

            Comment


            • #7
              Upgrade Petiton (I-130) TimeFrame

              I have sent this letter format to the NVC from immihelp.com along with copy of naturalization certificate and copy of I-797, Notice of Action for approval of I-130 petition with a case number format of WAC00-000-00000. I have called them two times and they say that they have not yet processed, and when i asked them for the time frame for upgrading the response was there was no timeframe for these kinds of letters. So I'd like to know some little clue of what next or whats happening, sorry for my impatience. But thank you ray b...


              National Visa Center,
              32 Rochester Avenue,
              Portsmouth, NH 03801-2909

              Re: Upgrading a Petition to <Immediate Relative>

              Dear Sir/Madam:

              While I was a legal permanent resident, I petitioned for my spouse and recently became a US citizen.

              Case Details:
              Petitioner: <petitioner name>
              Beneficiary: <beneficiary name>
              Preference Category: <F2A, Spouse of LPR>
              Case Number: <case number>

              A copy of my naturalization certificate and copy of I-797, Notice of Action for approval of I-130 petition are enclosed herewith.

              Please upgrade my wife from category F2A to immediate relative, and proceed with consular processing.

              Very truly yours,

              <petitioner signature>

              <petitioner name>

              Encl:
              Copy of naturalization certificate
              Copy of I-797, Notice of Action for approval of I-130 petition




              Originally posted by rayb View Post
              Why don't you all them and ask if your change request is in the file for your case. Call to: (603) 334-0700

              So I'm assuming that what you sent included a reference to the State Department-assigned case number (not the USCIS number), an explanation for your request, and a copy of your Naturalization Certificate?

              --Ray B
              Last edited by anakin10; 10-10-2014, 06:07 PM.

              Comment


              • #8
                Anakin,

                Have you received notice from the NVC that they now have your petition case and have assigned a State Department number to that case.

                What you have provided below is a form letter, perhaps from the Immihelp file, but it doesn't indicate whether you addressed the NVC-specific case number which is assigned when they get an approved case from USCIS.

                As an aside, any correspondence to the NVC should include birthdates of both petitioner and beneficiary, so that they can be certain they are dealing with legitimate queries.

                Go to the following NVC page for specific instructions on emailing or mailing queries to the NVC:


                I've had to send correspondence to both USCIS and the NVC to upgrade petitions after the petitioner became naturalized. The USCIS usually generates a form I-797 confirming the status change. The NVC usually sends nothing, but the next documents from them will reflect the changed visa class.

                The NVC help desk people, with whom you talked, tend to lack access to recent case changes or status, as they are only looking at a screen

                --Ray B





                Originally posted by anakin10 View Post
                I have sent this letter format from immihelp.com along with copy of naturalization certificate and copy of I-797, Notice of Action for approval of I-130 petition with a case number format of WAC00-000-00000. I have called them two times and they say that they have not yet processed, and when i asked them for the time frame for upgrading the response was there was no timeframe for these kinds of letters. So I'd like to know some little clue of what next or whats happening, sorry for my impatience. But thank you ray b...


                National Visa Center,
                32 Rochester Avenue,
                Portsmouth, NH 03801-2909

                Re: Upgrading a Petition to <Immediate Relative>

                Dear Sir/Madam:

                While I was a legal permanent resident, I petitioned for my spouse and recently became a US citizen.

                Case Details:
                Petitioner: <petitioner name>
                Beneficiary: <beneficiary name>
                Preference Category: <F2A, Spouse of LPR>
                Case Number: <case number>

                A copy of my naturalization certificate and copy of I-797, Notice of Action for approval of I-130 petition are enclosed herewith.

                Please upgrade my wife from category F2A to immediate relative, and proceed with consular processing.

                Very truly yours,

                <petitioner signature>

                <petitioner name>

                Encl:
                Copy of naturalization certificate
                Copy of I-797, Notice of Action for approval of I-130 petition

                Comment


                • #9
                  Upgrade Petiton (I-130) TimeFrame

                  Is this the notice that you mention, I have received a notice of action i-797 that they have approved my case from the NVC. Example (not mine) but exactly like it, ( **** * is visa.journey)


                  Originally posted by rayb View Post
                  Anakin,

                  Have you received notice from the NVC that they now have your petition case and have assigned a State Department number to that case.

                  What you have provided below is a form letter, perhaps from the Immihelp file, but it doesn't indicate whether you addressed the NVC-specific case number which is assigned when they get an approved case from USCIS.

                  As an aside, any correspondence to the NVC should include birthdates of both petitioner and beneficiary, so that they can be certain they are dealing with legitimate queries.

                  Go to the following NVC page for specific instructions on emailing or mailing queries to the NVC:


                  I've had to send correspondence to both USCIS and the NVC to upgrade petitions after the petitioner became naturalized. The USCIS usually generates a form I-797 confirming the status change. The NVC usually sends nothing, but the next documents from them will reflect the changed visa class.

                  The NVC help desk people, with whom you talked, tend to lack access to recent case changes or status, as they are only looking at a screen

                  --Ray B
                  Last edited by samlynn; 10-11-2014, 04:14 PM.

                  Comment


                  • #10
                    No, you are referring to the "Notice of Action" from USCIS that is sometimes referred to as "NOA2." What I am referring to is "notice," i.e., a letter, from the National Visa Center (NVC) telling you they are starting the processing. Since your original petition was quota-based, it might not even have been entered into the NVC system yet.

                    You need to find where your petition package is, USCIS or NVC, then address your change request, with all needed information, to the appropriate agency.

                    USCIS is under Homeland Security, and NVC is under State Department.

                    --Ray B

                    Originally posted by anakin10 View Post
                    Is this the notice that you mention, I have received a notice of action i-797 that they have approved my case from the NVC. Example (not mine) but exactly like it, ( **** * is visa.journey)
                    Last edited by samlynn; 10-11-2014, 04:14 PM.

                    Comment


                    • #11
                      Upgrade Petiton (I-130) TimeFrame

                      Oh, okay. So it doesn't matter if it says in the NOA2 that they thave sent the original visa petition to the Department of State National Visa Center (NVC) 32 Rochester Avenue... Right? However, I have not received a notice telling me that they have started processing it. I have just gotten 'NOA2'... But I have contacted the NVC and confirmed that my petition is there.


                      Originally posted by rayb View Post
                      No, you are referring to the "Notice of Action" from USCIS that is sometimes referred to as "NOA2." What I am referring to is "notice," i.e., a letter, from the National Visa Center (NVC) telling you they are starting the processing. Since your original petition was quota-based, it might not even have been entered into the NVC system yet.

                      You need to find where your petition package is, USCIS or NVC, then address your change request, with all needed information, to the appropriate agency.

                      USCIS is under Homeland Security, and NVC is under State Department.

                      --Ray B

                      Comment


                      • #12
                        If the NVC confirmed that they have the petition, then they must have assigned a State Department case number to it, 3 letters then 10 numbers.

                        If you can get that State Department number and reference it with your request to change the petition status, your request will probably get matched to the case there.

                        --Ray B

                        Originally posted by anakin10 View Post
                        Oh, okay. So it doesn't matter if it says in the NOA2 that they thave sent the original visa petition to the Department of State National Visa Center (NVC) 32 Rochester Avenue... Right? However, I have not received a notice telling me that they have started processing it. I have just gotten 'NOA2'... But I have contacted the NVC and confirmed that my petition is there.

                        Comment


                        • #13
                          Upgrade Petiton (I-130) TimeFrame

                          I think it I do have a State Department case number, because I can call the NVC and i give them the receipt number and the name of beneficiary and petitionary and they can access it from their end. Is this what you were referring to? My i 797 includes the reciept date, priority date, notice date along with the reciept number from the i-797, is like this WAC-14-900-02753, . But tell me if I misunderstand you. Or is there another notice? Do you have an example


                          Originally posted by rayb View Post
                          If the NVC confirmed that they have the petition, then they must have assigned a State Department case number to it, 3 letters then 10 numbers.

                          If you can get that State Department number and reference it with your request to change the petition status, your request will probably get matched to the case there.

                          --Ray B

                          Comment


                          • #14
                            When the NVC opens a case from the USCIS approval status, even if you are not yet eligible for a visa, they send a packet reporting the case opening but telling you there will be a wait until your Priority Date is current. That letter will show the State Department case number, with a three-letter acronym reprresentiing the consulate which will be processing your visa: MNL for Philippines, ISL for Pakistan, etc.

                            --Ray B

                            Originally posted by anakin10 View Post
                            I think it I do have a State Department case number, because I can call the NVC and i give them the receipt number and the name of beneficiary and petitionary and they can access it from their end. Is this what you were referring to? My i 797 includes the reciept date, priority date, notice date along with the reciept number from the i-797, is like this WAC-14-900-02753, . But tell me if I misunderstand you. Or is there another notice? Do you have an example

                            Comment


                            • #15
                              Upgrade Petiton (I-130) TimeFrame

                              Ok I am understanding now i think, thank you ray.... So I think I do not have a State Department Case number yet, So does that mean my petition could still be in the California Service Center because that what where I received the I-797 from Laguna Niguel, CA right? Even though the I-797 mentions they sent it to NVC OR it is at the NVC but just haven't processed it because I only have the receipt number from the I-797 form nothing about that its processing...

                              Originally posted by rayb View Post
                              When the NVC opens a case from the USCIS approval status, even if you are not yet eligible for a visa, they send a packet reporting the case opening but telling you there will be a wait until your Priority Date is current. That letter will show the State Department case number, with a three-letter acronym reprresentiing the consulate which will be processing your visa: MNL for Philippines, ISL for Pakistan, etc.

                              --Ray B
                              Last edited by anakin10; 10-11-2014, 12:46 AM.

                              Comment

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