help!!

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publicmg

New Member
I am a US citizen. I married my girlfriend last November. She had an overstayed F1 visa. We filed I-130, I-485 & her work permit application. She had her biometrics done on March 21st. We received an approved I-130 petition today - it says the petition has been approved (the status case online says that the case has been approved), but it says that evidence indicates that she is not eligible for status adjustement.
I consulted a lawyer before filing & she said there was no problem because she was an overstay & that would be forgiven.
I do not understand why it is approved but she would not be eligible to adjust.
We have receipts for both of the other applications.
Thanks for any input.
 
publicmg said:
I am a US citizen. I married my girlfriend last November. She had an overstayed F1 visa. We filed I-130, I-485 & her work permit application. She had her biometrics done on March 21st. We received an approved I-130 petition today - it says the petition has been approved (the status case online says that the case has been approved), but it says that evidence indicates that she is not eligible for status adjustement.
I consulted a lawyer before filing & she said there was no problem because she was an overstay & that would be forgiven.
I do not understand why it is approved but she would not be eligible to adjust.
We have receipts for both of the other applications.
Thanks for any input.
Click to expand...

There is a possibility that you might get an RFE asking for more supporting docs. Get an infopass and visit your DO to get a better idea of whats wrong.
 
On what ground did they say that your wife is not eligible? Is it because of the fact that she overstays? How long did she over stay? As a student she would have 60 days grace period after her F ran out. I was a student and my F ran out in Dec, but I filed my AOS before that. The pending AOS kepts me legal until it got denied at the end of Feb. Now I'm out of status also, but I think I can still reapply. I was told that if u r married to USC your overstay and being out fo status can be forgiven. There's also something saying about 180 days rule. Look into that since I'm not clear about that myself. I'm sure a lot of people here can be helpful as well. They've been great with my case.
 
publicmg,

Please follow what ari4u suggested. The first logical step is to figure out ASAP why she can't adjust status. Thinking of how this can be done, I come up with the following:
1) Infopass, schedule it and in the mean time...
2) Call USCIS 1800 number and try to talk to an immigration officer over the phone.
3) Talk to the best immigration lawyer in your area and consult with him/her. Target lawyers that have been practicing for a very long time and won key cases.
4) Post in this forum all of your details related to your case. You might come across someone with similiar situation like yours and you might get a good answer, you never know.
 
That is kind of weird...since does not matter your overstay you can apply to adjust status as a spouse of a USC, the only issue that is not forgiven is if you came without inspection, that we know is not her case.

Does her F1 visa had a restriction? check her visa...hope is a misunderstanding of cases.

By the way, she made biometrics? so you got receipts for the I-485 as well right? that does not make sense.

Good luck,
 
Either USCIS is wrong (which would shock me :)). Or there is something else that is wrong such as a crime or some other reason that would make AOS unavailable for her. I would bet USCIS is wrong. Schedule an Infopass... But I would be prepared with a good immigration lawyer.
 
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