Applying for Citizenship while our case is in AP

[kuraish 2]

Hi Everyone....

Let me explain my situation.

I am a LPR and have filed for my wife & daughter. They are in F2A category and our PD is May 2008. We had our interview on December 2010. Our case was put on Administrative Processing (AP). Then Visa Retrogression happened in January 2011 and our PD was no more current. When I checked our case status with US Embassy/DOS, they said our PD is not current to complete the Administrative Process.

Now I have applied for my citizenship. Hopefully, I will be an US citizen by June.

Guys, I have few questions.

(1.) When I get my citizenship, how could I upgrade my case, so my PD will be current to complete the AP? What visa category should my wife & our two year old daughter will belong to?

(2.) Whether my wife & daughter can be in the same visa category?

(3) Approximately, how long it will take to upgrade a case with USCIS?

Your input & advice will be greatly appreciated.

Thanks in advance.

[ADMIRE 3]

Hi Everyone....

Let me explain my situation.

I am a LPR and have filed for my wife & daughter. They are in F2A category and our PD is May 2008. We had our interview on December 2010. Our case was put on Administrative Processing (AP). Then Visa Retrogression happened in January 2011 and our PD was no more current. When I checked our case status with US Embassy/DOS, they said our PD is not current to complete the Administrative Process.

Now I have applied for my citizenship. Hopefully, I will be an US citizen by June.

Guys, I have few questions.

(1.) When I get my citizenship, how could I upgrade my case, so my PD will be current to complete the AP? What visa category should my wife & our two year old daughter will belong to?

(2.) Whether my wife & daughter can be in the same visa category?

(3) Approximately, how long it will take to upgrade a case with USCIS?

Your input & advice will be greatly appreciated.

Thanks in advance.

Once you become a US citizen, your daughter can not be given a visa derivative off her mum's case, unless if their applications (i.e form I-130) had been separate from the very beginning.

That is to say, if what you filed was just one form I-130 originally for the mum, then your daughter can not be given visa under that same i-130 as she wld need to have her own separate i-130 application.

The Consular officer that interviewed me advised me of the above happening shldmy hubby go ahead with the naturalization, so what we did was hold-on on my hubby's naturalization until after we received our visas.

So what you can do is file another form I-130 for your daughter whilst waiting out this AP. Dont worry about PD as you wld be able to upgrade it when you become a US citizen.

hOPE I MADE SOME SENSE?

[kuraish 2]

Once you become a US citizen, your daughter can not be given a visa derivative off her mum's case, unless if their applications (i.e form I-130) had been separate from the very beginning.

That is to say, if what you filed was just one form I-130 originally for the mum, then your daughter can not be given visa under that same i-130 as she wld need to have her own separate i-130 application.

The Consular officer that interviewed me advised me of the above happening shldmy hubby go ahead with the naturalization, so what we did was hold-on on my hubby's naturalization until after we received our visas.

So what you can do is file another form I-130 for your daughter whilst waiting out this AP. Dont worry about PD as you wld be able to upgrade it when you become a US citizen.

hOPE I MADE SOME SENSE?

Hi Admire...

I am confused now. let me explain.

Initially I submitted the I-130 only for my wife after i got married in May 2008. our I-130 was approved in January 2010. our daughter was born while we were in NVC process. I did inform to NVC and my daughter was added to the application. we submitted separate DS230's for my wife and daughter. according to my present situation,

* If I wait till my priority date(May 2008) to be current, it might take another one year or more. current F2A cutoff date is April 2007.its a very long time for me.

I was thinking if I get the US citizenship, my two year old daughter will automatically be an US citizen. so, only my wife need the visa to come to US through the existing I-130. AM I RIGHT? please correct me, if I am wrong.

Guys, I need your valuable advice. I am really stressed out. I am trying for last three years to bring my family here. when I am almost done with this visa process, I was struck in Administrative Process. then our PD was not current. so many obstacles to face in this long visa journey.....

Thanks everyone for your help.