Upgrading I130 Resets Priority Date ?


Recommended Posts

My Husband has citizen ship interview scheduled on aug 30th .Right now I am in India , We have applied for I 130 in Feb 2012 when he was on LPR Status.We are planning to Upgrade the I130 as soon as he gets his citizen ship.Can some one let us know After upgrading the I130 does the Priority Date resets as day 1 or will it have the same Priority data as before.It would be great if some one can clarify this.

Link to comment

Once your husband naturalizes you will be considered an immediate relative and therefore the priority date no longer applies. Your currently pending I-130 will no longer need a priority date to be current and should be adjudicated immediately (within normal processing times). After your husband naturalizes you should inform the National Visa Center (assuming your I-130 is for consular processing). If you have additional questions it is advisable to contact an experienced U.S. immigration attorney directly.

Link to comment

Thanks for your quick respnse.I understad that Us citizen spouse has no priority date & visa numbers are available Immedietly But which comes into picture only after I130 Approval.My question here is since my i130 is not yet approved(its been 6 months I have applied) When we upgrade does it take normal processing time for approval which is 5 months for us citizen spose (or ) any benifit as we have applied well advance. will it take just few weeks since it already crossed the Normal processing time of I130 under Us citizen spouse category.

Link to comment

Archived

This topic is now archived and is closed to further replies.