H1B Holder, upgrade from F2A to CR1, next steps

[Hin 0]

I am currently a H1B holder. I married to my husband last year and filed for the i-130 form August, 2011 when my husband was still a permanent resident at the time. The application was accepted.

Last month my husband became a US citizen. We sent a letter to NVC to request an upgrade of my petition from F2A to CR1. The request was accepted and approved by NVC.

The NVC then sent me instructions to fill out the DS-3032 form for registering an agent for the case. I registered myself as my own agent and sent back to NVC. I was then instructed to pay for the Affidavit of Support Processing Fee ($88) which I did. NVC then asked me to fill out the form for Affidavit of Support.

But I am very confused now as it seems that the whole process is to apply for an Immigrant VISA. Since I am already residing inside the US, do I need an Immigrant VISA? Should I have filed for an i-485 form instead?

I would assume that USCIS and NVC is aware that I am currently in the US and would not make so such error.

Have I been doing the right thing since the upgrade? If not what should I after I upgraded my petition? Please help!

[Gosia & Tito 199]

I am currently a H1B holder. I married to my husband last year and filed for the i-130 form August, 2011 when my husband was still a permanent resident at the time. The application was accepted.

Last month my husband became a US citizen. We sent a letter to NVC to request an upgrade of my petition from F2A to CR1. The request was accepted and approved by NVC.

The NVC then sent me instructions to fill out the DS-3032 form for registering an agent for the case. I registered myself as my own agent and sent back to NVC. I was then instructed to pay for the Affidavit of Support Processing Fee ($88) which I did. NVC then asked me to fill out the form for Affidavit of Support.

But I am very confused now as it seems that the whole process is to apply for an Immigrant VISA. Since I am already residing inside the US, do I need an Immigrant VISA? Should I have filed for an i-485 form instead?

I would assume that USCIS and NVC is aware that I am currently in the US and would not make so such error.

Have I been doing the right thing since the upgrade? If not what should I after I upgraded my petition? Please help!

H1B is not a residency option. As you would know, there is a maximum length of time you can remain in the country under a H1B; thus, you want to obtain permanent residency (aka GC). Not sure why you filed for CR1, that is supposed to be for spouses that are out of the country. The 130 is ok and then a 485 is what would give you the GC. You do not apply for an immigrant visa with the 485, but for permanent residency based on family (married to a USC), thus the 130 you have filed is correct.

I'd say to make an Infopass appointment (at the USCIS) site and clarify things.

I wouldn't make assumptions about NVC or USCIS; unless it is in writing from them. The fact that USCIS and/or NVC 'accept' your petition does not IMHO confirms that things are correct/right; the acceptance is only an acknowledgement that they receive it. They are only accepting petitions. It is during the processing of those when the error might be discovered and the respective decision will be issued, but that is down the road and can take time.

Edited July 13, 2012 by Gosia & Tito

[Hin 0]

H1B is not a residency option. As you would know, there is a maximum length of time you can remain in the country under a H1B; thus, you want to obtain permanent residency (aka GC). Not sure why you filed for CR1, that is supposed to be for spouses that are out of the country. The 130 is ok and then a 485 is what would give you the GC. You do not apply for an immigrant visa with the 485, but for permanent residency based on family (married to a USC), thus the 130 you have filed is correct.

I'd say to make an Infopass appointment (at the USCIS) site and clarify things.

I wouldn't make assumptions about NVC or USCIS; unless it is in writing from them. The fact that USCIS and/or NVC 'accept' your petition does not IMHO confirms that things are correct/right; the acceptance is only an acknowledgement that they receive it. They are only accepting petitions. It is during the processing of those when the error might be discovered and the respective decision will be issued, but that is down the road and can take time.

Thank you for your reply! So it seems like I did the wrong thing? NVC sent me a letter previously with a case number and USCIS says that if case has been forwarded to NVC I should contact them to upgrade my petition. That was why I sent the upgrade to NVC.

If contacting the NVC was not the correct action. Who should I contact to upgrade my petition? Or can I simply start filing for i-485 instead?

Thank you very much!