I-130 Approved. Mentioned AOS Ineligible. Help please...

R

RAMBR

Registered Users (C)
Dear Sir/Madem: I am GC holder and got married after GC. My wife dont have a GC. She is on H1B in USA for the last 3 years. I applied her in I-130 to get GC. We got interview from Baltimore few months ago. We answered all questions and immi.officer took our jointly filed 2005 tax returns, few bank statements, marriage certificate, address proof evidence. Also he asked my wife that "are you also working?". My wife said yes. We were so feared after the interview. Luckily next week we got the letter that our I-130 is approved. But they have mentioned in that "Petition indicates that petitioner is in USA and will apply for Adjustment of Status(AOS). Evidence indicates that she is no eligible to file an AOS. This determination is based on information submitted with petition and any relating files. Since she is not eligible to adjust, we have sent the petition to NVC,Portmouth,NH. NVC processes which consular post is the appropriate consultate to complete visa processing. Petitioner will get further details from NVC"

I dont know why they are informing Ineligible to apply for AOS and sending to consulate when my wife is here in USA and working on legal H1B visa?

Please someone can help us what we have to do? We are really too much worried?

Thanks
BR
 
REP:Ineligile to AOS

No. Priority date is not current. When I check the visa bulletin for India, they mentioned rightnow they are issuing visa numbers for the persons who applied in 1999.

RD:AUG-25,2006
PD:SEP-25,2005
ND:SEP-5,2006.

Thanks,
BR
 
RAMBR said:
No. Priority date is not current. When I check the visa bulletin for India, they mentioned rightnow they are issuing visa numbers for the persons who applied in 1999.

RD:AUG-25,2006
PD:SEP-25,2005
ND:SEP-5,2006.

Thanks,
BR
Click to expand...
That's why she can't adjust her status now. She has to wait until her priority date is current. Remember, that she has to maintain her legal status while waiting: approved I-130 does not give her legal status.
When can you apply to become a US citizen? It might be faster for you to become a citizen, and upgrade your petition. That way she can apply for AOS immediately.
 
Thanks Anahit. But why they have written that "Consular post is the appropriate consulate for visa processing and she is not eligible to apply AOS in USA"

What need to do? Can I fix an appt. with Baltimore office and talk with immigration officer?

Thanks,
RB
 
RAMBR said:
Thanks Anahit. But why they have written that "Consular post is the appropriate consulate for visa processing and she is not eligible to apply AOS in USA"

What need to do? Can I fix an appt. with Baltimore office and talk with immigration officer?

Thanks,
RB
Click to expand...
That's true only if she is not in legal status. If she is, you have nothing to worry about.
Apply for citizenship ASAP: you'll avoid a lot of headache!
 
RAMBR said:
Thanks Anahit. But why they have written that "Consular post is the appropriate consulate for visa processing and she is not eligible to apply AOS in USA"

What need to do? Can I fix an appt. with Baltimore office and talk with immigration officer?

Thanks,
RB
Click to expand...


They wrote that because they consider that the person will go through CP since she must wait...and she must mantain her own legal status in the US while waiting for her priority date to become current. She is not eligible to apply for AOS exactly because what I just said and what Anahit explained to you already. Only people who are in a current priority date and there is a visa number available to them (e.g. spouses of USC) can apply AOS right away.

If you can apply for naturalization and after obtain the US citizenship then you can upgrade your petition and she can go through AOS.

You can check how things works at www.uscis.gov and check the part that it says "Permanent Resident (green card)".
 
Thanks everyone for the reply. I understand that I have to wait and my wife has to go to American Consulate in India once her Immigration Visa is available. Until that time, she need to maintain legal status. Fortunately her current H1B will valid for another two more years. Then only we dont know what to do? (May be we have to go back)
 
RAMBR said:
Thanks everyone for the reply. I understand that I have to wait and my wife has to go to American Consulate in India once her Immigration Visa is available. Until that time, she need to maintain legal status. Fortunately her current H1B will valid for another two more years. Then only we dont know what to do? (May be we have to go back)
Click to expand...
You and your wife do not have to go to American Consulate in India after visa is available if she is here with her legal status. You can adjust her status here till that time she will need to maintain her status.
 
I would suggest your wife not going back to India until she receives her GC. I heard couple of stories with similar situations that people with both H-1 visas and I-130 (family based) filed had problems to re-enter U.S., even though a lot of people say H-1 is a visa with dual-intent.
 
princesskate said:
I heard couple of stories with similar situations that people with both H-1 visas and I-130 (family based) filed had problems to re-enter U.S., even though a lot of people say H-1 is a visa with dual-intent.
Click to expand...

That must have been a long time ago. I crossed into the US numerous times on an H-1 with an approved I-140 (and a pending I-485) and was never even asked about it. Legally, CBP cannot deny you entry because of immigrant intent.
 
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