I-130 Upgrade to spouse of citizen and Vermont Processing Times

[hungryfornoa 21]

Hey folks,

 

I have a couple of questions but let me give you the story so far...

• Aug 2019 - My wife's I-130 was filed as F2A  (as I was a PR at that time).
• Feb 2020 - I-130 was transferred from CSC to VSC (which I only learned when I contacted USCIS for status update in Dec 2020).
• Dec 2020 - VSC receipt date for inquiry for F2A showed July 2019, just 1 month ahead of my wife's priority date of Aug 2019.
• Jan 2020 - I had my oath ceremony and got the cert of naturalization.
• Jan 2020 - Sent in my US passport application.
• Feb 2020 - I upgraded my wife's I-130 from spouse of PR to spouse of US citizen via phone. I have yet to hear back on that.
• Feb 2020 - I checked processing times at VSC and it appears that F2A receipt dates for inquiry had progressed to 9/25/2019 but Immediate Relative of US Citizen inquiry date is 4/24/2018. ACCCKK!!!

 

Questions:

1. Did I mess up by upgrading my spouse's application to Immediate Relative of US Citizen as the receipt dates for inquiry for that are so far back in the past?
2. When we filed the I-130, we had been married for 1 year, but by now we have been married for more than 2 years now, does our petition become processed as IR1 (instead of F2A or CR1)
   1. Does that mean when she gets her green card, it will not be a conditional green card but normal 10 year green card?
3. What is my course of action now to get the I-130 processed in a timely manner? Should I be contacting my senator?

 

Thanks all. It's so good to have this site to fall back to.

[Crazy Cat 39,257]

Your wife's case no longer was an F2A once you took the oath of citizenship.  As required, you upgraded the petition.  If you have been married for 2 years or longer when you wife enters the US, then she should receive a 10 year Green Card as an IR-1.  

[hungryfornoa 21]

10 minutes ago, Lucky Cat said:

Your wife's case no longer was an F2A once you took the oath of citizenship.  As required, you upgraded the petition.  If you have been married for 2 years or longer when you wife enters the US, then she should receive a 10 year Green Card as an IR-1.  

Thanks for confirming that.

 

What are my next steps? Is this being so far back in line for IR something I can do something about?

 

[Crazy Cat 39,257]

4 minutes ago, hungryfornoa said:

Thanks for confirming that.

 

What are my next steps? Is this being so far back in line for IR something I can do something about?

 

 

You wait in line with everyone else..  You are in the processing queue for US citizen petitions.  You could send a case query to USCIS to ensure the case has been changed to spouse of US citizen. 

Edited February 3, 2021 by Lucky Cat

[hungryfornoa 21]

I got an email today with the following message:

We have updated your relative petition to reflect that you are now a U.S. citizen. As a result, your petition 
has moved to a new visa category for an immediate relative of a U.S. citizen. This category does not have 
numerical restrictions, and a visa is immediately available from the U.S. Department of State. Your case is 
now being processed.

This does not show up in USCIS account. Hoping this means I will actually see some progress soon.

[hungryfornoa 21]

Yay  I-130 Approved.