I-130 Approved, but not eligible at this time?

W

wudoo

New Member
Hi,

I'm a legal alien resident and I've applied for a I-130 for my wife a year and a half ago, who is current on a student visa.

We recently got a letter stating this:

"The above petition has been approved. The petition indicates that the person for who you are petitioning is in the United States and will apply for adjustment of status. The information with the petition shows that the person for whom you are petitioning is not legible to file an adjustment of status at this time."

What does this mean? Sounds contradicting itself, approved but not eligible?

Any thoughts on this or what should we proceed? Anything that can be done?

Thanks.
 
You are currently a permanent resident, correct? If so then your spouse is placed in the second preference category and needs to wait till a immigrant visa number becomes available in that category. The availability is based on the priority date of the I-130 (the date the application was accepted by USCIS) and the country of birth of your spouse. You need to keep on checking the visa bulletin, which is published monthly, from the State Department. http://travel.state.gov/visa/frvi/bulletin/bulletin_1360.html

If you where, of if you become, a US Citizen then an immigrant visa number will become immediately available. When you become a US Citizen then resubmit the I-485 (and all necessary forms) with a copy of the I-130 approval and a copy of your naturalization certificate.
 
Nothing contradictory in the USCIS statement. It's only YOUR petition that was approved. I130 is not green card application.

dhlunar has already explained what happened. I am just going to add that UNTIL you become a citizen or your wife's priority date becomes current, she needs to maintain legal status in the US on her own. If she falls out of status, she might face deportation.

Also, I would highly recommend that your wife DOES NOT go outside of USA until she gets her green card. At the port she might have issues when she tries to return to USA since F-1 is a nonimmigrant visa and she is married to a permanent resident which shows her intent to permanently stay in the US.
 
I'm have a similar situation:

I'm in F1 visa, and my husband filled the i-130 for me while he was LPR, which was approved but I was not eligible for AOS.
However, my husband became US citizen on January 5th; I guess that makes me eligible now.

but, NOW WHAT?
I guess, I have to let the USCIS know that my husband became a US citizen by sending them a copy of his Certificate of Naturalization in addition to the copy of the approved I-130.
Also, I have to fill out the following forms:
I-485, I-765, I-131 (in addition to the I-693, I-864 and G-325A)

so my question are:
* should I send all together (husband's Certificate of Naturalization, copy of the approved I-130 AND all the other forms) at the same time to the USCIS?
* WHERE should i send that? the I-130 was mailed to USCIS Chicago Lockbox and the Notice of Action for the I-130 approved was sent from USCIS California Service Center. I have to send it to the California Service Center, right?

am I in the right path?
 
Lad13 - just file 485. You will need to include the I-130 approval letter with it as well as your husbands nat cert. Also, call USCIS to let them know about the recent development.
 
so, I should not send the I-485 together with the I-765 and I-131? how come?
what about the I-693, do i have to send that in the first place since it is part of the "inifital evidence" for the i-485? or should i wait?

also other "inital evidence" is the I-864.... this is like $70, right? do i have to add that to the $1010?

Thanks !
 
you should send I-485 NOW with I-765 and I-131, that's what VizaNuts said. Enclose a copy of I-130 notice of approval and a copy of your hubby's naturalization certificate. And of course, you need to include I-693 and EVERYTHING else listed as supporting documentation in I-485 instructions. There is no fee for affidavit of support for those doing AOS.
 
Thanks a lot for the help guys !
i got another question while filling out the i-765:
as i said before, im in F-1 visa; and, while i was in a previous school i worked there (inside the campus) and i got a social security number that states: "VALID FOR WORK ONLY WITH DHS AUTHORIZATION"

does this has something to do with EAD? or that is just for OFF-campus jobs since there is nothing like that named at the "WHO MAY FILE THIS FORM I-765" in the instructions.?
 
Lad13 said:
as i said before, im in F-1 visa; and, while i was in a previous school i worked there (inside the campus) and i got a social security number that states: "VALID FOR WORK ONLY WITH DHS AUTHORIZATION"

does this has something to do with EAD? or that is just for OFF-campus jobs since there is nothing like that named at the "WHO MAY FILE THIS FORM I-765" in the instructions.?
Click to expand...
Neither. If you are a noncitizen who is not a permanent resident, and you get an SSN, the Social Security card will have the employment restriction wording on it.

When you get the new EAD that is associated with your I-485, you'll keep using the same SS card. The EAD itself will be the "DHS authorization" to work, so you don't need to get any other special authorization to work off campus with the new EAD.

Once you get the GC, you can get the SS card changed to an unrestricted one.
 
i have anew question...
what is the initial evidence for I-131 - Advance Parole?
it says:
1. If you are in the United States, you must attach:
a. A copy of any document issued to you by the
USCIS or former INS showing your present
status in the United States; and
can this be a copy of the approved i130?

c. If you are an applicant for adjustment of status, a
copy of the USCIS receipt as
evidence that you filed the adjustment
application
what is this? where do i get it?

Thannks!!!
 
Lad13 said:
i have anew question...
what is the initial evidence for I-131 - Advance Parole?
it says:
1. If you are in the United States, you must attach:
a. A copy of any document issued to you by the
USCIS or former INS showing your present
status in the United States; and
can this be a copy of the approved i130?
Click to expand...
You need to include the I-130, but it is not evidence of your status. To show evidence of status you would attach a copy of the I-485 receipt notice if you have already filed the I-485. Or a copy of the I-94, if you are applying for Advance Parole at the same time as filing the I-485.

c. If you are an applicant for adjustment of status, a
copy of the USCIS receipt as
evidence that you filed the adjustment
application
what is this? where do i get it?
Click to expand...
Have you filed the I-485 yet? When you file the I-485 you will get a receipt notice for it. That's what they are referring to. If you are filing I-131 (Advance Parole) at the same time with the I-485, you don't need to include the I-485 receipt.
 
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