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Filed: AOS (apr) Country: India
Timeline
Posted

Who will be the derivative Beneficiary for N400 applicant? I am eligable to apply N400 now but my spouse is holding H1B and if I apply N400 does she get her status adjusted to Green card.

What are all the other forms should I file with my N400 for her to get her Immigrant visa as my derivative beneficiary?

Timeline

08/21/2009 --- Papers Sent to USCIS

08/29/2009 --- Package delivered at Chicago 2.16 PM.

08/31/2009 --- Checks are cashed today.

08/31/2009 --- Received NOA for I-130,I-131, I-485&I-765 (Notice date : 08/29/09)

09/03/2009 --- Received Biometrics letter appt dt. 09/25/2009.

09/04/2009 --- Walk-in biometrics done today. Everything went off well in 30 mins.

09/15/2009 --- Received RFE for NABC

09/18/2009 --- Responded to RFE

09/25/2009 --- Case resumed.

10/04/2009 --- EAD Card Production Ordered

10/12/2009 --- I-131 Advance Parole approved notice and EAD Received

10/19/2009 --- Interview Letter Received for November 19th 2009 at 7.30 AM

11/18/2009 --- Interview Done

11/18/2009 --- I - 485 Touched and I-130 Touched.

12/04/2009 --- Card Production Ordered.

12/17/2009 --- Green Card Arrived and Welcome letter received.

09/16/2011 --- 1-751 Applied for removing conditions

09/27/2011 --- NOA and biometrics received

10/12/2011 --- Biometrics taken

01/27/2012 --- I-551 Stamped for One year

06/22/2012 --- 10yr GC production ordered.

06/28/2012 --- Green Card Received.

N-400 Process

09/08/2012 --- N400 Application sent to Dallas lockbox

09/11/2012 --- Delivery Confirmation by USPS

09/14/2012 --- Check cashed

09/12/2012 --- NOA Received

10/02/2012 --- Biometrics/FP Appt

11/07/2012 --- Interview Inline

11/12/2012 --- Interview letter recd 12/13

12/13/2012 --- Interview Done - APPROVED - Thank you VJ

12/14/2012 --- Inline for Oath ceremony schedule

Posted

There is no such thing as a derivative beneficiary for an N-400, at least not directly.

Her status will not be adjusted automatically just because you become a citizen through the N-400.

After you become a citizen, your spouse will be eligible to adjust status based on your marriage, with no waiting for a visa number. But there is nothing you would file today with the N-400 to make this happen. For her to adjust status, you would file an I-130 and I-485, plus associated forms. I believe you have to wait until after you get your naturalization certificate (after you take your citizenship oath) before you can file for her to adjust status, because she must have a visa number immediately available to her when she files the I-485.

You may want to look at the "adjusting status from work, student, and tourist visas" forum for details on the process.

04 Apr, 2004: Got married

05 Apr, 2004: I-130 Sent to CSC

13 Apr, 2004: I-130 NOA 1

19 Apr, 2004: I-129F Sent to MSC

29 Apr, 2004: I-129F NOA 1

13 Aug, 2004: I-130 Approved by CSC

28 Dec, 2004: I-130 Case Complete at NVC

18 Jan, 2005: Got the visa approved in Caracas

22 Jan, 2005: Flew home together! CCS->MIA->SFO

25 May, 2005: I-129F finally approved! We won't pursue it.

8 June, 2006: Our baby girl is born!

24 Oct, 2006: Window for filing I-751 opens

25 Oct, 2006: I-751 mailed to CSC

18 Nov, 2006: I-751 NOA1 received from CSC

30 Nov, 2006: I-751 Biometrics taken

05 Apr, 2007: I-751 approved, card production ordered

23 Jan, 2008: N-400 sent to CSC via certified mail

19 Feb, 2008: N-400 Biometrics taken

27 Mar, 2008: Naturalization interview notice received (NOA2 for N-400)

30 May, 2008: Naturalization interview, passed the test!

17 June, 2008: Naturalization oath notice mailed

15 July, 2008: Naturalization oath ceremony!

16 July, 2008: Registered to vote and applied for US passport

26 July, 2008: US Passport arrived.

Filed: AOS (apr) Country: India
Timeline
Posted
There is no such thing as a derivative beneficiary for an N-400, at least not directly.

Her status will not be adjusted automatically just because you become a citizen through the N-400.

After you become a citizen, your spouse will be eligible to adjust status based on your marriage, with no waiting for a visa number. But there is nothing you would file today with the N-400 to make this happen. For her to adjust status, you would file an I-130 and I-485, plus associated forms. I believe you have to wait until after you get your naturalization certificate (after you take your citizenship oath) before you can file for her to adjust status, because she must have a visa number immediately available to her when she files the I-485.

You may want to look at the "adjusting status from work, student, and tourist visas" forum for details on the process.

Thank you so much for all information. She is now pregnant. Hopefully she will get her status adjusted or in the process of AOS while our baby is born.

Thanks again for your time and valuable input.

Timeline

08/21/2009 --- Papers Sent to USCIS

08/29/2009 --- Package delivered at Chicago 2.16 PM.

08/31/2009 --- Checks are cashed today.

08/31/2009 --- Received NOA for I-130,I-131, I-485&I-765 (Notice date : 08/29/09)

09/03/2009 --- Received Biometrics letter appt dt. 09/25/2009.

09/04/2009 --- Walk-in biometrics done today. Everything went off well in 30 mins.

09/15/2009 --- Received RFE for NABC

09/18/2009 --- Responded to RFE

09/25/2009 --- Case resumed.

10/04/2009 --- EAD Card Production Ordered

10/12/2009 --- I-131 Advance Parole approved notice and EAD Received

10/19/2009 --- Interview Letter Received for November 19th 2009 at 7.30 AM

11/18/2009 --- Interview Done

11/18/2009 --- I - 485 Touched and I-130 Touched.

12/04/2009 --- Card Production Ordered.

12/17/2009 --- Green Card Arrived and Welcome letter received.

09/16/2011 --- 1-751 Applied for removing conditions

09/27/2011 --- NOA and biometrics received

10/12/2011 --- Biometrics taken

01/27/2012 --- I-551 Stamped for One year

06/22/2012 --- 10yr GC production ordered.

06/28/2012 --- Green Card Received.

N-400 Process

09/08/2012 --- N400 Application sent to Dallas lockbox

09/11/2012 --- Delivery Confirmation by USPS

09/14/2012 --- Check cashed

09/12/2012 --- NOA Received

10/02/2012 --- Biometrics/FP Appt

11/07/2012 --- Interview Inline

11/12/2012 --- Interview letter recd 12/13

12/13/2012 --- Interview Done - APPROVED - Thank you VJ

12/14/2012 --- Inline for Oath ceremony schedule

 
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