Approved I-130. File went to NVC instead of AOS

A

aat0995

Registered Users (C)
Hello Friends,
My wife is going to be a citizen this week but the I-130,which she filed for me, got approved. It was strange as I did not call to upgrade her application.

Now, as it got approved online, I was all set with my documents for filing I-485 and I received this letter from USCIS. It states
"The petition indicates that the person fro whom you are petitioning is in the US and will apply for adjust of status. The evidence indicates that he or she is not eligible to file and adjustment of status application. This determination is based on the information submitted with the petition and any relating files."

I have already filed I-485 based on employment as my I-140 is approved. Does anyone know why I received such letter and how to fix it?

Thanks!!!
 
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Thanks for your reply.

Do I need to explain them about the issue and the mistake? Won't they reject it saying I-130 says I am not eligible for AOS?
 
It is standard message. Based on information they have in the file, USCIS believes that beneficiary is not eligible for AOS due to unavailability of visa number (i.e. PD is not current in F2A).

Just follow "wtnginatl" advice.

aat0995 said:
Hello Friends,


"The petition indicates that the person fro whom you are petitioning is in the US and will apply for adjust of status. The evidence indicates that he or she is not eligible to file and adjustment of status application. This determination is based on the information submitted with the petition and any relating files."

Thanks!!!
Click to expand...
 
Thank you wtnginatl and usnycus for your quick replies. I will do the same.
Now, my file is being transferred to NVC, as my wife will be US citizen soon, do I need to call NVC to upgrade "I-130"?
 
They put that wording in there about being ineligible for AOS because your wife was not a US citizen when the I-130 was approved. Once she gets US citizenship, you can go ahead and file the I-485 without any special upgrade procedure*. Just include a copy of her natz. certificate and they will figure it out.

If you are in EB2 ROW or EB1 (i.e. categories very unlikely to have retrogression), you may want to wait a few months to see how your employment-based I-485 progresses before spending money for the marriage-based one. With an approved I-140 in EB2 ROW or EB1, there is a good chance your employment-based I-485 will be approved in the next 3-6 months.

*but you would have needed to officially upgrade the I-130 if pursuing CP
 
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Thanks Jackolantern. I really appreciate your help.

Btw, this explains a lot. I was getting confused at the letter specifically talked about how it is being to sent to NVC and will be sent to consulate for processing.
 
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