i-130 approved but not eligible for adjustment of status

E

eric197

Registered Users (C)
I am an LPR and filed 130 for my wife this June and choose AOS. It just got approved. My wife came to USA as F1 visa. She is still a student and has never been out of status.
However, the approval notice has the following statement.

"The above petition (i-130) has been approved. The petition indicates that the person for whom you are petitioning is in the United States and will apply for adjustment of status. The evidence indicates that he or she is not eligible to file an adjustment of status applications. This determination is based on the information submitted with the petition and any relating files....."

Is it because the priority date is not current? Could we file 485 when the date become current?
 
she is probably going to be eligible in december assuming the priority date moves at least a month forward
 
eric197 said:
I am an LPR and filed 130 for my wife this June and choose AOS. It just got approved. My wife came to USA as F1 visa. She is still a student and has never been out of status.
However, the approval notice has the following statement.

"The above petition (i-130) has been approved. The petition indicates that the person for whom you are petitioning is in the United States and will apply for adjustment of status. The evidence indicates that he or she is not eligible to file an adjustment of status applications. This determination is based on the information submitted with the petition and any relating files....."

Is it because the priority date is not current? Could we file 485 when the date become current?
Click to expand...

Did you mention she is in US and I-94 details when filing I130. I think you should be able to file I-485, better get consulting with good lawyer.
When was it filed - is after June 2010.
 
I mentioned she is in US and filled I-94 information. However, I am not sure if I submitted a copy of I-94.
The timeline for my case is very interesting.
I sent on May 28, got a receipt notice with notice date of Jun 7.
The approval notice however indicates the priority date is Jun 1, which I guess was the date they received my case.
 
eric197 said:
I mentioned she is in US and filled I-94 information. However, I am not sure if I submitted a copy of I-94.
The timeline for my case is very interesting.
I sent on May 28, got a receipt notice with notice date of Jun 7.
The approval notice however indicates the priority date is Jun 1, which I guess was the date they received my case.
Click to expand...
Then your PD is June 1st which is current now. You should have consultation with a good lawyer to get a correct opinion and file I-485 soon.
 
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