Must I convert my spouse I130 from F2A category to Immediate Relative Category?

[supzepp]

Hi All,

My spouse's I130 which also has my daughter as a derivative is currently awaiting visa interview abroad. When I was GC, her I130 was approved and went to NVC. Her priority date is Mar 21, 2016. And current Priority date as of Jan 11, 2018 is Feb 01, 2016. So, hopefully within a month, they might get a notice of Interview Schedule.

But the problem is now I am a US Citizen and my daughter's I130 with Priority date Feb 17, 2017 is currently Accepted and upgraded to IR category with USCIS. When I called USCIS, the Rep suggested me to wait for 3/4 months for it to be Approved and sent to NVC.

So now if I request NVC to upgrade my wife's I130 from F2A to IR, my daughter will be separated from her I130 and thus by the time my daughter's I130 is approved and sent to NVC, it will be at least 3/4 months. So my question is "Would it be okay for them to appear for the Visa Interview with F2A category when I have already become US Citizen?" or "Must I notify NVC that I am a US Citizen and thus proceed likewise even though it's going to add few more months now?". I want to proceed correctly and by the law.

Thank you in advance.

[newacct]

Hi All,

My spouse's I130 which also has my daughter as a derivative is currently awaiting visa interview abroad. When I was GC, her I130 was approved and went to NVC. Her priority date is Mar 21, 2016. And current Priority date as of Jan 11, 2018 is Feb 01, 2016. So, hopefully within a month, they might get a notice of Interview Schedule.

But the problem is now I am a US Citizen and my daughter's I130 with Priority date Feb 17, 2017 is currently Accepted and upgraded to IR category with USCIS. When I called USCIS, the Rep suggested me to wait for 3/4 months for it to be Approved and sent to NVC.

So now if I request NVC to upgrade my wife's I130 from F2A to IR, my daughter will be separated from her I130 and thus by the time my daughter's I130 is approved and sent to NVC, it will be at least 3/4 months. So my question is "Would it be okay for them to appear for the Visa Interview with F2A category when I have already become US Citizen?" or "Must I notify NVC that I am a US Citizen and thus proceed likewise even though it's going to add few more months now?". I want to proceed correctly and by the law.

Thank you in advance.

No. The fact is you are a US citizen now and your wife is now in the IR category. You don't get to "choose" whether upgrading happens (the only exception is the upgrading from F2B to F1 which one can opt out of) -- the category automatically changes when the facts change. Not "notifying them" doesn't help you -- it just causes them to proceed based on an incorrect assumption about her category and it will just cause problems when they discover that it's wrong. They are not eligible to immigrate in the F2A category anymore. Your daughter cannot immigrate as your wife's derivative; your daughter can now only immigrate through the petition you filed for her.

[supzepp]

No. The fact is you are a US citizen now and your wife is now in the IR category. You don't get to "choose" whether upgrading happens (the only exception is the upgrading from F2B to F1 which one can opt out of) -- the category automatically changes when the facts change. Not "notifying them" doesn't help you -- it just causes them to proceed based on an incorrect assumption about her category and it will just cause problems when they discover that it's wrong. They are not eligible to immigrate in the F2A category anymore. Your daughter cannot immigrate as your wife's derivative; your daughter can now only immigrate through the petition you filed for her.

Thank you very much for the reply.