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Filing I-130 first before petitioner's USC??

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  • Filing I-130 first before petitioner's USC??

    I have read a piece of information about Family Based Imiigration as follows:

    “When I filed a petition for my relative I was a legal permanent resident (green card holder). I recently became an U.S. citizen. How can I upgrade the petition?

    Please make a copy of your Naturalization Certificate. Send the copy - NOT the original - to the National Visa Center with a letter containing the beneficiary name and case number of the petition you want to upgrade. We will send the beneficiary any additional forms and information that may be required.”

    Now, I plan to file I-130 (spouse of permanent resident) for my wife soon. However, I am also waiting for my N-400 application for US citizenship. I have my finger print information for N-400, just recently sent from FBI to INS/Vermont Service Center (checked with FBI around 01/15/01). My N-400 (2D Barcode) was filed in August 2000 and I expect the N-400 will be approved in the second half of 2001. I plan to get married in next month and file I-130 for my wife after getting married. Once the I-130 gets approved, the case will be forward to NVC. If I receive my citizenship after my wife’s I-130 gets approved, and while the case is waiting for Visa number, I can send a letter to NVC and request an upgrade. The Visa number of this approved I-130 will become “current”(spouse of US Citizen). My intention was to save the waiting time for my spouse in the case that I file I-130 after my N400 approval (Waiting for N-400 and I-130 will be simultaneous and not serial if I chose to file I-130 while I am waiting for N400)

    Is this a legitimate option, is there any potential problem by doing this?

    For example, I have heard that having this additional notification from applicant to NVC could be a burden for processing time due to the problem of the additional communication.

    Thanks for any advice.

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