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What happens to the priority date when you upgrade I-130 petition from F2A to IR

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  • What happens to the priority date when you upgrade I-130 petition from F2A to IR

    I had applied I130 for my wife when I was LPR and received a receipt notice with a priority date. Now I am a citizen and upgraded the petition. Can I please know what happens to the priority date after upgrade ?

  • #2
    Since you are a citizen, your spouse's GC petition is always current, there is no need for a priority date.
    Just an opinion; Not legal advice.

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    • #3
      Originally posted by scientist2016 View Post
      Since you are a citizen, your spouse's GC petition is always current, there is no need for a priority date.
      Thanks. Does the filing data still stay the same when I submitted the application or does it change to the date when I upgraded the application.

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      • #4
        It's the same petition. The priority date stays the same. But like scientist2016 said, the priority date doesn't matter in this category.

        This is my personal opinion and is not to be construed as legal advice.

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