QUESTION
Can i get the visa after my LPR husband became us citizen?
Asked on Jul 15th, 2011 on Immigration - California
More details to this question:
My husband have filled i-130 for me which is accepted and I am waiting for my pd to be current. My husband was LPR when he filled my case and he will be citizen in sept. How can i upgrade my case and can i get the visa?
5 ANSWERS
Immigration Law Attorney serving New York, NY
Partner at
Oltarsh & Associates, P.C.
If eligible you can file for residence. If you are married to a U.S. citizen and entered legally you can obtain a change of status.
Answered on Jul 27th, 2011 at 2:12 PM
LCA Audits and Investigations Attorney serving Houston, TX
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Fong Ilagan
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After your husband naturalizes, include a photocopy of his naturalization certificate with your I-485 and a copy of your I-130 receipt, requesting an upgrade. Consult with an immigration attorney.
Answered on Jul 25th, 2011 at 8:16 AM
Immigration and Naturalization Attorney serving San Francisco, CA
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The Law Office of Christine Troy
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Your husband can write to the NVC, where the petition is pending to request the upgrade. If you are in the US and able to adjust status here instead, then he can also attach proof of the prior petition when filing your adjustment application.
Answered on Jul 25th, 2011 at 5:25 AM
Criminal Law Attorney serving Las Vegas, NV
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Reza Athari & Associates, PLLC
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There is a special form to use and fax it to the service center that has the petition. You may want to ask an attorney to help you.
Answered on Jul 23rd, 2011 at 6:47 AM
Immigration and Naturalization Attorney serving San Jose, CA
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Law Offices of Teresa Cai
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After your husband becomes a US citizen, he can file I-130 for you and since the petition is by a US citizen, you do not have to wait for visa quota and can file adjustment of status with the I-130 if you entered the US legally. It would be much faster if he file a new I-130 as a US citizen and you file I-485 along with the new I-130. "Upgrading" a pending I-130 is much more time consuming.
Answered on Jul 23rd, 2011 at 6:46 AM