I-130 Approved, but...

M

maui98

Registered Users (C)
I filed I-130 for my wife, today I received notice of I-797. Below is what is in the letter:

"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 information submitted witht the petition and any relating files. If the person for whom you are petitioning believes that he or she is eligible for adjustment of status, then he or she should contact the local INS office for more information

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), 32 Rochester Avenue, Portsmouth, NH 03801-2909. NVC processes 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"....


My question is what this letter means? It says I-130 is approved, but it seems my wife is NOT eligible to file an adjustment of status application... Could anyone give me an explanation? Does anyone have similar situation?

Thanks
 
You have to give a little bit more information about your case, so someone can help you more effectively. Like, are you a USC or LPR, with what visa did your wife enter the US... and so on.
 
I am a USC, and my wife entered US on F-1, she is now on H1-B, she is as simple as you can imagine... I am completed confused. Help !!!
 
I filed I-130 in October 2005, and filed I-485 and I-765 in March 2006. Does this seperate filing cause this problem ?
 
maui98 said:
I filed I-130 in October 2005, and filed I-485 and I-765 in March 2006. Does this seperate filing cause this problem ?
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I don't think so. I filed them at various times. See refer to my time line under my signature.
 
maui98 said:
I filed I-130 in October 2005, and filed I-485 and I-765 in March 2006. Does this seperate filing cause this problem ?
Click to expand...
HI
I remembered you from citizenship forum. I guess you recieved this letter b/c you didn't upgrade your wife's I-130 petition after becoming USC.
BTW did you file your wife's AOS at Charlotte???
I also filed my Spouse's I-485 at Charlotte and our ND is Mar 7th 2006. We have had biometircs done in mid Apr, but yet to recieve AP , EAD and interview letter.
Do you mind sharing your wife's exact time line so that we'll be in touch with any new development on our cases.
Thanks
 
I filed I-130 after I became USC on 10/27/05. PD: 11/01/05

My wife filed I-485 and I-765 late March, 2006 to Chicago, she did her biometrics in late April in Charlotte, NC.

Any idea what is going on ?
 
It is really odd. Sounds like you should schedule an Infopass appointment to find out why your wife isn't eligible.
 
maui98 said:
I filed I-130 after I became USC on 10/27/05. PD: 11/01/05

My wife filed I-485 and I-765 late March, 2006 to Chicago, she did her biometrics in late April in Charlotte, NC.

Any idea what is going on ?
Click to expand...
Well I don;t know what to tell you , I got the similiar letter for my husband's i-130 approval, But I applied for his I-130 when I was a GC holder.
 
I have the feeling that the wife is 100% eligible for AOS, and again USCIS is messing things up.

OP need to make an InfoPass to find out what's going on and then...again back to letters to Senators, Congressperson, etc :eek:
 
I called CIS customer service, I was told by 3 different officers here that my wife is eligible for AOS based on 1) she entered U.S. legally, 2) she is now in U.S.

I was told just wait and see, doing nothing, and ignor the I-797 notice which says that my I-130 has been approved, but my wife is NOT eligible for AOS.

Do you believe this answer from INS ? it seems they don't know what they are doing. I have scheduled an appointment to see local INS office tomorrow by INFOPASS, do I need to go anyway? any advise on my odd case ? Thanks
 
Yes, you need to go and with your naturalization certificate and with the receipt that you did upgrade your case, the receipt that you put that you are now a USC.

Good luck,
 
Thanks, Cherr1980.

Do you expect I will get some explanation about my odd case when I go to see INS officer tomorrow? Do people get more info by seeing INS officer than calling INS customer services ? I just want to make sure it is worth of having this long drive trip to see INS officer.

Thanks

Wei
 
Well, to tell you the truth there is no guarantee of anything. Try to be very calm and patient, normally the front line people who will attend you are basic service people, I am not sure if they are "officers", for sure they are not adjudicators...if they don't answer you, you can ask if you can speak with an "adjudicator officer" or if is just easier to apply all over again at once concurrently.

The customer service line, those are basic as well I think...they really know the same thing that you can check out at the website but sometimes they help, is not that everything is bad...sometimes if you are lucky you can try to get in touch of a supervisor that knows a little more...you can try to call first and try to speak with somebody.

Have you contact the NVC btw? If it suppose that they send your file over there, would be good to talk to them so you know something what is going on in that part of the mess.

Good luck,
 
Thanks for your advise. I will go tomorrow.

I tried to contact the NVC, but they don't have my case (yet), they told me to contact CIS for eligibility issue, so I have no idea where my case is at this moment. a complete mess.
 
Did you apply for her yourself? it might have been mistaken information on your petition.. not every time its INS/USCIS errors.
 
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