Confused. I-130 approval notice.

T

thelinux

Registered Users (C)
Hello.
I am a US citizen and I sponsored my wife's greencard.
She came to US with traveler's visa in June 2006. We married in August 2006 and filed I-485, I-130, I-131, I-765 in November 2006. Her I-94 expired in Dec 2006.

I-131, I-765 was approved in Jan 2007. Also we had interview with USCIS on Jan 8th 2007 and they approved our marriage. (But still pending due to FBI name check not finished)

Today (Jan 17th 2007), I received I-130 approval notice (Dated Jan 8th 2007).

It says,

Notice Type : Approval notice

The above petition 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 application. This determination is based on the infomation ....

Also it says,

Because the person for whom you are petitioning is not eligible to adjust, we have sent the approved petition to the Department of State National Visa Center. NVC processses all approved immigrant visa which consular post is the appropriate consulate to complete visa processing. NVC will then forward the approved petition to that consulate.

Looks like I-130 IS approved but "not eligible to file an adjustment of status application"??? I don't get this part.
If my wife is not eligible, how can they approve my I-130 and they approved our marriage in the interview?

I also checked the case status on USCIS website. It says,

Application Type: I130, IMMIGRANT PETITION FOR RELATIVE, FIANCE(E), OR ORPHAN

Current Status: Approval notice sent.

On January 8, 2007, we mailed you a notice that we have approved this I130 IMMIGRANT PETITION FOR RELATIVE, FIANCE(E), OR ORPHAN. Please follow any instructions on the notice. If you move before you receive the notice, call customer service.

It clearly says it IS approved. But not eligible?? I am confused.
Is something wrong??? Then what should I do???
 
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Well, she is eligible. In fact, you have already filed I-485, and you even know that FBI name check is pending.
Why bother I-130 wording ?
 
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GotPR? said:
Well, she is eligible. In fact, you have already filed I-485, and you even know that FBI name check is pending.
Why bother I-130 wording ?
Click to expand...

Because the notice says she is NOT eligible to adjust her status. And it sounds like she need to go back to her country and reapply her I-485??? I don't know.

To me, this letter merely says that I-130 is approved but not her I-485.
 
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thelinux said:
Because the notice says she is NOT eligible to adjust her status. And it sounds like she need to go back to her country and reapply her I-485??? I don't know.

To me, this letter merely says that I-130 is approved but not her I-485.
Click to expand...

Hi:

That is what the wording indicates. It is likely an error. An I130 can be approved without the approval of the I485 ---- they are independent applications. You need to find out what happened with that I485. Do an Infopass ASAP. Good luck.
 
This is what happend to me too, What actually has happend is go check the application (I mean I130 forum what you filled up) it might be that you filled in the address of country of origin and believe that the person you are sponering is in that country hence all further document will go too that place but call them up(i mean nbc(mo)) he/she is already in US. thats all
 
ravibudp said:
This is what happend to me too, What actually has happend is go check the application (I mean I130 forum what you filled up) it might be that you filled in the address of country of origin and believe that the person you are sponering is in that country hence all further document will go too that place but call them up(i mean nbc(mo)) he/she is already in US. thats all
Click to expand...

Thanks.
I re-checked the I-130 we submitted.
Yes indeed we I put her address of country of her origin in section #C19, #C20.

But in section #C22, I clearly indicated that She is applying for AOS in Santa Ana, California.

What do you mean by call them up?? (nbc(mo?)??) You mean just call USCIS and explain this then everything will be OK???
 
I really dont' think it's a big deal. If the system considers she is not eligible, they don't process I-485 which is actually being in process now and is pending because of name check.
 
GotPR? said:
I really dont' think it's a big deal. If the system considers she is not eligible, they don't process I-485 which is actually being in process now and is pending because of name check.
Click to expand...

Right. I checked my wife's I-485 case status. It is still pending. If they tell my wife to go through CP, then aren't they supposed to deny her I-485 already?

I am going to a local office this Friday.
 
GotPR? said:
I really dont' think it's a big deal. If the system considers she is not eligible, they don't process I-485 which is actually being in process now and is pending because of name check.
Click to expand...

GotPR, you are right. I did infopass and they said not to worry because we already had an interview.
 
Same thing happened to me. So thelinux what did you do? Did you call NVC or something? What did they have to say about the NVC?
 
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