I130 approved, ineligble for I485?

netch88

New Member
Need an opinion on this.
On March of 05, our lawyer filed an I130 for my husband. I became a citizen last December, so on Jan 15 08 i upgraded his petition. last week, i received a NOA that the I 130 has been approved but found ineligble for AOS. Case forwarded to NVC. Where does this leads us? why is he ineligble for AOS? he came here as a tourist and overstayed. Im not sure if our lawyer before filed an I485 for him because i was only a GC holder.
 
This means that your husband will have to go through Consular Processing in his home country. Did you indicate that your husband will be adjusting status in the United States and where is your husband now?
 
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