Switch from Green card to Citizenship for CR-1

[mycase17 114]

Hi Folks,

I recently got married and applying for my spouse who is abroad using my green card status. I did apply for N-400 last year (5 years rule, Divorced) on Feb, but still haven't heard anything. Do anyone knows how long does it take once I become citizen and then switch my spouse application from greencard to citizenship so I don't have to wait longer further due to citizen status.

 

Or any recommendation to file for my spouse after I get my N-400 approval/oath?

 

[payxibka 10,044]

11 minutes ago, mycase17 said:

Hi Folks,

I recently got married and applying for my spouse who is abroad using my green card status. I did apply for N-400 last year (5 years rule, Divorced) on Feb, but still haven't heard anything. Do anyone knows how long does it take once I become citizen and then switch my spouse application from greencard to citizenship so I don't have to wait longer further due to citizen status.

 

Or any recommendation to file for my spouse after I get my N-400 approval/oath?

 

You can switch the the moment you take the oath and can provide the documentation 

[mycase17 114]

11 minutes ago, payxibka said:

You can switch the the moment you take the oath and can provide the documentation 

Thank you so much Payxibka And do you know if I-130 processing time alone differs from green card vs citizen. On USCIS website, I do not see much difference.  And can I also have 2 cases open at the same time N-400 and I-130 for my spouse?

Edited February 12, 2021 by mycase17

[payxibka 10,044]

4 minutes ago, mycase17 said:

Thank you so much Payxibka And do you know if I-130 processing time alone differs from green card vs citizen. On USCIS website, I do not see much difference.  And can I also have 2 cases open at the same time N-400 and I-130 for my spouse?

Depends on service center.   You can look up processing time difference online.  Most SC tbe reported difference is minor

 

Of course you can have a petition and an application going at the same time 

[mycase17 114]

Just now, payxibka said:

Depends on service center.   You can look up processing time difference online.  Most SC tbe reported difference is minor

 

Of course you can have a petition and an application going at the same time 

And how do they determine processing center, I live in Texas. 

[payxibka 10,044]

Just now, mycase17 said:

And how do they determine processing center, I live in Texas. 

For i130 they are randomly assigned.   Doesn't matter where you live.   

[Demise 1,093]

23 hours ago, mycase17 said:

Hi Folks,

I recently got married and applying for my spouse who is abroad using my green card status. I did apply for N-400 last year (5 years rule, Divorced) on Feb, but still haven't heard anything. Do anyone knows how long does it take once I become citizen and then switch my spouse application from greencard to citizenship so I don't have to wait longer further due to citizen status.

 

Or any recommendation to file for my spouse after I get my N-400 approval/oath?

 

Well, what you are trying to do here is move your spouse's I-130 from F2A category (F21 or C21) to IR category (IR1 or CR1). You basically do it by writing to whoever currently has the I-130 (generally either the field office or the national visa center), attach a copy of the approval or receipt notice and a copy of your naturalization certificate and send it to them.

 

Note that if she has any children that would be eligible to immigrate with her, they fall off the petition upon your naturalization. F2A allows derivative children, IR does not, meaning that if there are stepchildren involved here you will need to file a new I-130 for each. A stepchild is defined as a child whose parent you married while the kid was under 18, if there's some in the 18-21 range who would be eligible to tag along on F2A but not eligible for their own IR petition, you might actually be better off holding off on naturalizing until all of them got their immigrant visas.

Edited February 12, 2021 by Demise

[mycase17 114]

15 hours ago, Demise said:

Well, what you are trying to do here is move your spouse's I-130 from F2A category (F21 or C21) to IR category (IR1 or CR1). You basically do it by writing to whoever currently has the I-130 (generally either the field office or the national visa center), attach a copy of the approval or receipt notice and a copy of your naturalization certificate and send it to them.

 

Note that if she has any children that would be eligible to immigrate with her, they fall off the petition upon your naturalization. F2A allows derivative children, IR does not, meaning that if there are stepchildren involved here you will need to file a new I-130 for each. A stepchild is defined as a child whose parent you married while the kid was under 18, if there's some in the 18-21 range who would be eligible to tag along on F2A but not eligible for their own IR petition, you might actually be better off holding off on naturalizing until all of them got their immigrant visas.

Thank you so much Demise. No children in my case, So I should be good but good to know about this.