Hi,
My wife was sponsored by her mother who is a US citizen. I-130's priority date was March 23, 1999. I and my 3 kids were included as derivative beneficiaries. Wife and kids lived in Slovakia until they got immigrant visas and came to the USA in Feb 2009.
I came to the USA as a visitor in Oct 1999 and overstayed my visa.
In April 2009 I submitted I-485 & I-485A to the DHS as a derivative beneficiary of the petition I-130 that was submitted by my mother-in-law. I had proof that I-130 was submitted, approved and I had proof that documents received from NVC showed my name as a beneficiary.
Today I had an interview . The immigr. officer said I was not eligible to adjust my status under 245i. She said my wife has to submit I-130. I am confused - she said there is no category for me.
Additional information
She asked many questions from I-485 and about my kids. I tried to explain I-130 was submitted before April 30, 2001 and I'm a deriv. beneficiary but officer said I-130 was submitted for my wife and I'm not eligible to adjust status under sec. 245(i). Officer was shocked when she saw my kids green cards and asked my wife if she'd sponsored them for GC. Officer stated I can receive GC only if my wife submits I-130 now so in a few years I can adjust my status. I showed her a letter I had written describing grounds for AOS but she said: never heard abut anything like that.
The immigration officer was young, speaking English w terrible accent and on I-485 next to my kids names she wrote LIVEING WITH PARENTS. She wrote "liveing" 3 times... Then she made copies of everything and told me to wait 30 days for decision.
I am so confused - do you think she is right and I cannot adjust my status as derivative beneficiary of I-130 submitted for my wife by my mother-in-law ? Thank you very much for your answers.
My wife was sponsored by her mother who is a US citizen. I-130's priority date was March 23, 1999. I and my 3 kids were included as derivative beneficiaries. Wife and kids lived in Slovakia until they got immigrant visas and came to the USA in Feb 2009.
I came to the USA as a visitor in Oct 1999 and overstayed my visa.
In April 2009 I submitted I-485 & I-485A to the DHS as a derivative beneficiary of the petition I-130 that was submitted by my mother-in-law. I had proof that I-130 was submitted, approved and I had proof that documents received from NVC showed my name as a beneficiary.
Today I had an interview . The immigr. officer said I was not eligible to adjust my status under 245i. She said my wife has to submit I-130. I am confused - she said there is no category for me.
Additional information
She asked many questions from I-485 and about my kids. I tried to explain I-130 was submitted before April 30, 2001 and I'm a deriv. beneficiary but officer said I-130 was submitted for my wife and I'm not eligible to adjust status under sec. 245(i). Officer was shocked when she saw my kids green cards and asked my wife if she'd sponsored them for GC. Officer stated I can receive GC only if my wife submits I-130 now so in a few years I can adjust my status. I showed her a letter I had written describing grounds for AOS but she said: never heard abut anything like that.
The immigration officer was young, speaking English w terrible accent and on I-485 next to my kids names she wrote LIVEING WITH PARENTS. She wrote "liveing" 3 times... Then she made copies of everything and told me to wait 30 days for decision.
I am so confused - do you think she is right and I cannot adjust my status as derivative beneficiary of I-130 submitted for my wife by my mother-in-law ? Thank you very much for your answers.