Hi everyone! I am new here, after browsing the net for info regarding immigration issues i finally found this site that could relate to my issues. I am a LPR entered here in US last April 2002, I married my now husband last December 2004 and filed a petition for him as a spouse of LPR last January 2005, but i know that it will take more than five years for it to be approved, now I've been here for more than 4 years now and will be eligible to file for citizenship on April 2007. My question is what will happen to the previous I-130 i filed when i become a US citizen? I want to file for K-3 visa also but dont know if i need to file a new I-130 as a US citizen?

I think you're in the wrong place. This is the DCF forum, for US Citizens living outside of the US and wishing to immigrate together with their spouse.

zakura,

You can notify the USCIS facility that's holding your I-130 petition when you become a citizen (don't know how you do that) and the priority date will be adjusted accordingly. You shouldn't need to submit a new I-130. Consult with an immigration attorney for the details.

You can't submit an I-129f for your spouse until you become a citizen.

Yodrak

Welcome to VJ. Here you can ask questions and get good answers. You don't need to file a new I-130 once you become a US citizen. You just need to notify the USCIS when you become a US citizen. You must be a US citizen before you can file for I-129F (K-3). You will need to submit the proof of yoru I-130 filing along with I-129F.

Another thing: You can file for US citizenship after 4 years 9 months of your permanent residency. It means per your post, you will eligible to file for US citizenship on January 2007. That way, you will save 3 months.

zakura,

simple_male reminds me of an issue that you have left unclear - on what basis did you enter the USA in April 2002? Is that when you gained your LPR status, or did you become an LPR sometime after entry?

Yodrak

All you got to do is make copies of your citizenship certificate and the NOA 2 letter. Send all two to NVC in NH address. You don't have to do much. They'll contact you pretty fast. Good Luck!

KingMedusa,

What NOA2 letter?

You are assuming that the USCIS will have approved the petion, but it's more likely that they will not have. The USCIS policy is to sit on petitions from LPRs until the priority date becomes current.

Yodrak

HI Zakura,

I have been through the same EXACT situation as u are and interestingly we both got married in December 2004. Anyway, you can apply for your citizenship 90 days prior to the 5 year mark; afterwards, you go through the process of gaining your citizenship (fingerprinting, interview, ceremony). Depending on where you live will determine how long this will take. After you become a citizen-actually the day you become a citizen you should call 1800 375 5283 and let them know you need to "upgrade your I-130 petition from LPR to USC). They'll ask you several questions so have your naturalization certificate handy. On that same day I advise you to MAIL a copy of your naturalization certificate, receipt notice and a brief letter to (wherever your I-130 is pending) stating that you filed your I-130 when you were a LPR and now u are a USC and would like to "upgrade" your petition. If they act promptly you should hear from them within 30 days. (In my case they didn't, so it took about 90 days) :-( Anyway, after its "upgraded" and if your priority date has passed, they will work on your I-130 as a USC that shouldn't take long (IF YOUR PRIORITY DATE HAS PASSED). After your case is approved (ignore those negative people who are telling u that it won't be) then it will be forwarded to the National Visa Center(NVC). At that time-revisit this site and get familar and take advantage of Jame's shortcut. It will save you weeks of waiting. After your case is complete they will send it to your Embassy and you'll go from there. I hope I've addressed all your concerns; if u have any other concerns feel free to send me a privat e-mail.

Legaleagle