Upgrade F2A to IR, need help

[nicknyc 2]

Hi,

I filed I-130, I-485 with AP+EAD for my spouse(who is living with me in the US) in September of 2013 while I was a LPR. This was the time with F2A category was current and concurrent filing was allowed. She received her EAD and AP in December. In the meantime, I became a US citizen in December and got my US passport. Now I want to understand how should I go about upgrading the petition from F2A category to IR. Tried calling the USCIS number, spoke to a representative who tried to do something over the phone, then transferred me to tier-2 officer. I was on hold for more than 2 hours with no answer. Points to note:

I-130 is pending approval

I-485 is in line for interview scheduling since December

So in a nutshell, what am I supposed to do to upgrade the petition and hopefully move the case forward so that she gets her GC faster. We are planning to travel overseas in the month of April and even though she has an AP, which I assume, will be good enough to travel, the mental peace of travelling with GC is unparalleld.

Best

[osmosesnew 17]

Hi,

I filed I-130, I-485 with AP+EAD for my spouse(who is living with me in the US) in September of 2013 while I was a LPR. This was the time with F2A category was current and concurrent filing was allowed. She received her EAD and AP in December. In the meantime, I became a US citizen in December and got my US passport. Now I want to understand how should I go about upgrading the petition from F2A category to IR. Tried calling the USCIS number, spoke to a representative who tried to do something over the phone, then transferred me to tier-2 officer. I was on hold for more than 2 hours with no answer. Points to note:

I-130 is pending approval

I-485 is in line for interview scheduling since December

So in a nutshell, what am I supposed to do to upgrade the petition and hopefully move the case forward so that she gets her GC faster. We are planning to travel overseas in the month of April and even though she has an AP, which I assume, will be good enough to travel, the mental peace of travelling with GC is unparalleld.

Best

write a letter stating your new status and include a copy of your naturalization certificate. Also include your case number,

[nicknyc 2]

write a letter stating your new status and include a copy of your naturalization certificate. Also include your case number,

Thanks osmosesnew for the information. I believe the letter should be posted to the same address which is mentioned on the I-797C which we received for I-130?

Regards

[aussie_jason 195]

You aren't supposed to petition to file for AOS as a LPR so I'm surprised that application hasn't been denied, you can try sending the cover letter and copy of naturalization certificate to the address listed on the I-797 for the I-130 but there may be further complications.

Edited February 26, 2014 by aussie_jason

[milimelo 4,253]

You aren't supposed to petition to file for AOS as a LPR so I'm surprised that application hasn't been denied, you can try sending the cover letter and copy of naturalization certificate to the address listed on the I-797 for the I-130 but there may be further complications.

Actually, if/when the PD number is current, F2As can file AOS if the spouse is in a legal status in the US.

[calvm 10]

You aren't supposed to petition to file for AOS as a LPR so I'm surprised that application hasn't been denied, you can try sending the cover letter and copy of naturalization certificate to the address listed on the I-797 for the I-130 but there may be further complications.

When the priority date is current one is able to do a AOS when the beneficiary has a legal status and petitioner is an LPR

[osmosesnew 17]

Thanks osmosesnew for the information. I believe the letter should be posted to the same address which is mentioned on the I-797C which we received for I-130?

Regards

yes.