I-130 Spouse Petition
Upgrade an I-130 After the Petitioner Naturalizes
When a lawful permanent resident files Form I-130 for a spouse and later becomes a United States citizen, the spouse's immigrant visa classification generally changes from the F2A family preference category to the immediate relative category. The government should be notified of the naturalization so the pending petition or immigrant visa case can be updated.
Why the Upgrade Matters
Naturalization Changes the Spouse's Visa Classification
A spouse petition filed by a lawful permanent resident generally places the beneficiary in the F2A family preference category. That category is subject to numerical limits and visa availability.
After the petitioner becomes a United States citizen, the qualifying spouse generally becomes an immediate relative. The immediate relative category is not subject to the annual numerical limits that apply to F2A.
Determine Case Location
First Find Out Which Agency Has the Case
The correct notification procedure depends on whether Form I-130 is still pending with USCIS or has already been approved and sent to the Department of State.
I-130 Still Pending With USCIS
When the I-130 has not yet been approved, USCIS should be notified that the petitioner has naturalized. Evidence of citizenship and identifying information for the pending petition should accompany the request.
Approved I-130 at NVC
When USCIS has already approved the petition and transferred the case to the National Visa Center, the petitioner should notify NVC and provide proof of United States citizenship so the visa classification can be updated.
Proof of Citizenship
Documents Used to Establish the Petitioner's Naturalization
The notification should clearly identify the petitioner, beneficiary, and pending or approved petition. Current government guidance recognizes evidence such as a naturalization certificate or appropriate United States passport documentation.
Naturalization Certificate
A copy of the petitioner's Certificate of Naturalization can document the change from lawful permanent resident to United States citizen.
U.S. Passport
For cases at the National Visa Center, current Department of State guidance permits submission of the biodata page of a United States passport as proof of citizenship.
Pending With USCIS
If Form I-130 Has Not Yet Been Approved
USCIS guidance instructs petitioners who naturalize while a relative petition remains pending to notify USCIS of the change in citizenship.
The submission should identify the existing petition and provide evidence of naturalization. Retain proof of the notification and continue monitoring the pending case for any further request or decision.
Locate the I-130 Receipt Notice
Confirm the receipt number, petitioner, beneficiary, and location of the pending petition.
Prepare Proof of Citizenship
Use appropriate documentary evidence showing that the petitioner has naturalized.
Notify USCIS
Follow current USCIS instructions for updating the pending petition and retain evidence that the notification was submitted.
Confirm the Classification
Review later notices and case processing to make sure the petitioner's new citizenship status has been recognized.
Case at NVC
If USCIS Already Approved the I-130
When the approved petition has reached the National Visa Center, current Department of State guidance directs the petitioner to provide proof of United States citizenship to NVC so the spouse's case can be upgraded from F2A to the immediate relative category.
The Department of State currently directs petitioners to submit proof through its NVC inquiry process. Because agency procedures and electronic systems can change, use the current NVC instructions rather than relying on an old mailing address or earlier procedure.
Children
Naturalization Can Create a Separate Issue for Children
The change from F2A to immediate relative classification can have an important consequence when children were expected to immigrate as derivative beneficiaries through the spouse.
Children cannot derive immigrant visa status from a parent's immediate relative petition. After naturalization, the U.S. citizen petitioner may therefore need separate Form I-130 petitions for qualifying children.
Adjustment Cases
Naturalization May Also Change Visa Availability in the United States
If the foreign spouse is in the United States, naturalization can remove the F2A visa availability limitation by converting the spouse to an immediate relative classification.
That does not mean every spouse can automatically adjust status. Separate adjustment requirements and immigration history issues must still be reviewed.
For detailed adjustment eligibility rules, see our Marriage Green Card Adjustment of Status guide.
Common Mistakes
Problems to Avoid After Naturalization
Failing to Notify the Government
The agency handling the case may continue processing it under the old classification until the naturalization is reported.
Assuming Children Remain Derivatives
Immediate relative petitions do not allow derivative beneficiaries, so children's cases should be reviewed separately.
Sending the Request to the Wrong Agency
Determine whether USCIS, NVC, or a consular post currently has the case before submitting the update.
Assuming Naturalization Cures Every Problem
Naturalization changes the visa category but does not automatically resolve inadmissibility, prior immigration violations, marriage evidence problems, or other legal issues.
Frequently Asked Questions
I-130 Upgrade Questions
Do I have to file a new I-130 after naturalizing?
Generally, the existing spouse petition can be updated to reflect the petitioner's new citizenship rather than filing a new spouse petition solely because of naturalization.
What category does my spouse move into?
A qualifying spouse generally moves from the F2A family preference category to the immediate relative category after the petitioner becomes a United States citizen.
Who do I notify if the I-130 is still pending?
USCIS should be notified when it still has the pending petition. Use current USCIS procedures and provide identifying information and appropriate proof of citizenship.
Who do I notify if the petition is already at NVC?
The National Visa Center should be notified and provided with proof of the petitioner's United States citizenship under current Department of State procedures.
Does the upgrade eliminate the Visa Bulletin wait?
Immediate relatives are not subject to the numerical visa limits that govern the F2A family preference category.
What happens to children included in the spouse's F2A case?
Children cannot remain derivative beneficiaries of an immediate relative spouse petition. Separate petitions may be necessary, and each child's situation should be reviewed individually.
Related Guides
I-130 and Spouse Immigration Resources
Official Sources
USCIS and Department of State Guidance
Legal Assistance
Review an I-130 After the Petitioner Naturalizes
The Messersmith Law Firm represents couples in I-130 petitions, adjustment cases, consular processing, and family immigration matters involving changes in the petitioner's immigration status.