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Upgrading Family Based green card petition from F2A to Immediate Relative

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  • 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 ?

  • #2
    I don't know about upgrading for I-485.

    But when you apply for I-485, she can apply for EAD and Advance Parole.

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    • #3
      upgrading

      You need to submit evidence of naturalization to USCIS. The I-130 will then be approved w/o regard to priority dates. If it has already been approved, you will still need to do the same thing so that you can file the adjustment of status application (I-485) for your wife. Once the 485 is filed she will not be able to travel on her h-1b visa w/o abandoning the petition and will have to file advance parole form I-131 to leave the country. She can file simultaneously with the I-485 for an EAD on form I-765. Sounds like you have a pretty good grasp of what needs to be done.

      Good luck!

      Jonathan Goulding

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