Im confused about I-130

L

lexis300

Registered Users (C)
Hello.
my wife sponsored my greencard
I came to US with traveler's visa. We married in Feb 2006 and filed I-130in August 2006. My I-94 already expired .


I received I-130 approval notice).
It says,

Notice Type : Approval notice

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 infomation ....

Also it says,

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 processses 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.

Looks like I-130 IS approved but "not eligible to file an adjustment of status application"??? I don't get this part.
If im not eligible, how can they approve my I-130?

I also checked the case status on USCIS website. It says,


Current Status: Approval notice sent.

It clearly says it IS approved. But not eligible? I am confused.
Is something wrong?
With my DS-230 it seems like I have to go back to my original country and get an interview there. Is that right?
 
NeShawn said:
You should as the Notice of Action states "be approved". The wording is standard wording because only through US citizen can immigrant file for adjustment of status.If I-130 is filed alone, the assumption is immigrant is not in US and would have to proceed through their country. It can be confusing. I am sure others here on the forum with more experience in your case will give you a more clearer answer. You can always call the toll-free number and get a little more clarity.

If you were in the US when you married, you was supposed to file all forms at the same time. :o

Now even though your I-94 has expired you are not "out of status". It is considered "status pending" or "adjustment of status".
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So it's better for me to give them a call and get an answer through them? I am so confused. .
 
Hang in there!!! Did you check the search mode to see similiar cases. Most of the veteran posters are not online now. You are up early stressing :

The I-130 is the "gate" for the immigrant to be able to file. Without it you can't file for adjustment of status.

You have the right to withdraw the petition or rather the spouse and refile the entire package.

I just read a few post about this. I don't think it is a problem. I am surfing the threads trying to find out for you. Hang in there till others respond to your thread and believe me they will. :)
 
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I don't think you are in adjustment of status until you have actually filed for adjustment of status. I130 basically is the petition that you wife files to be allowed to ask for your adjustment of status. They have approved that. I485 is then your actual application to adjust your status. From the wording of the approval it sounds like they are saying that your wife is eligible to petition for your adjustment of status but you are not eligible to adjust status.

Hopefully someone else will be able to offer better advice. Was there anything unconventional about your case because usually spouse can adjust immediately.
 
Does your wife have a GC or is a Citizen?

If she is a citizen, based on your info, you could have filed for I485 (AOS) alongwith I130 itself if you were in USA at that time. Why did you not file it?

When I485 is not filed with I130 or soon afterward, CIS is going to forward it to NVC for CP as a routine process and they send a standard approval letter which you got.

You can file I485 package now. Send I130 approval notice alongwith it. Once you file for I485, it gives you "AOS pending" status. Currently you do not have any status. As spouse of US citizen your overstay will be forgiven for AOS process. However, if you leave USA, before your AOS is completed, you may have problems reentering depending upon the out of status stay you have accrued.

If your wife is a GC holder, you have to wait till she becomes a citizen or your priority date is current before filing for I485. You are continuing to be out os status in US.
 
lexis300 said:
Hello.
my wife sponsored my greencard
I came to US with traveler's visa. We married in Feb 2006 and filed I-130in August 2006. My I-94 already expired .


I received I-130 approval notice).
It says,

Notice Type : Approval notice

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 infomation ....

Also it says,

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 processses 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.

Looks like I-130 IS approved but "not eligible to file an adjustment of status application"??? I don't get this part.
If im not eligible, how can they approve my I-130?

I also checked the case status on USCIS website. It says,


Current Status: Approval notice sent.

It clearly says it IS approved. But not eligible? I am confused.
Is something wrong?
With my DS-230 it seems like I have to go back to my original country and get an interview there. Is that right?
Click to expand...

Several people have had this problem. The issue is that you probably put a foreign address on the application and the system automatically 'assumes' that if you are currently in a foreign country you are not eligible for AOS, hence the redirection to the National Visa Center.

I-130 petition approval and I-485 approval are two different things. Your I-130 had been approved because you meet the requirements for approval (ie marriage) but because your address is probably listed as being outside the US, USCIS believes you are outside the US and therefore, ineligible to adjust status.

Call the USCIS to correct the address on the application.
 
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visaapplicant said:
Does your wife have a GC or is a Citizen?

If she is a citizen, based on your info, you could have filed for I485 (AOS) alongwith I130 itself if you were in USA at that time. Why did you not file it?

When I485 is not filed with I130 or soon afterward, CIS is going to forward it to NVC for CP as a routine process and they send a standard approval letter which you got.

You can file I485 package now. Send I130 approval notice alongwith it. Once you file for I485, it gives you "AOS pending" status. Currently you do not have any status. As spouse of US citizen your overstay will be forgiven for AOS process. However, if you leave USA, before your AOS is completed, you may have problems reentering depending upon the out of status stay you have accrued.

If your wife is a GC holder, you have to wait till she becomes a citizen or your priority date is current before filing for I485. You are continuing to be out os status in US.
Click to expand...

In filing I485 along with the I140 approval what do I do with my DS-230? should I file the I485 now and wait a few weeks and send out my DS-230?
 
lexis300 said:
In filing I485 along with the I140 approval what do I do with my DS-230? should I file the I485 now and wait a few weeks and send out my DS-230?
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Don't file the DS-230. Just file the I-485 and USCIS should ask for the file back from NVC.
 
lexis300 said:
In filing I485 along with the I140 approval what do I do with my DS-230? should I file the I485 now and wait a few weeks and send out my DS-230?
Click to expand...

I485 is for AOS and DS 230 for CP, two different things. Please refer to CIS website, 1st page of AOS timeline thread for info on AOS process. 1st page of parents sticky thread gives an idea on CP. CP based on spouse will be somewaht different but overall CP process remains same. You can also check NVC page on State Dept website for CP.
 
since I will be filing my i-485 along with my approval I-130, can I also send my i-765? Also, what will happen to the files that I filed with NVC? :confused:
 
Along with I 485 you can apply optionally I 765 Work Authorization and I 131 travel Permit.
lexis300 said:
since I will be filing my i-485 along with my approval I-130, can I also send my i-765? Also, what will happen to the files that I filed with NVC? :confused:
Click to expand...
 
lexis300 said:
In filing I485 along with the I140 approval what do I do with my DS-230? should I file the I485 now and wait a few weeks and send out my DS-230?
Click to expand...

Hi:

Make a copy of the I130 and file it together with the rest of the I485 package, which may include the I131 and I765 if you wish. Make sure to check your eligiblity to use I131.

Do not file DS-230 if you want to do AOS.
 
lexis300 said:
So what will happen to my file from NVC? What will happen if i don't file DS-230?
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Why are you so worried about DS230? If you review the procedures for CP, you will notice that there are some steps with NVC which need to be completed before they ask for DS 230. When was your I130 approved and transferred to NVC? Have you heard at all from NVC? After NVC receives an approved petition, they will contact petitioner and applicant and walk you through all the steps one at a time. It is not just DS 230.

Once you decide to do AOS, you should file all the forms I485 package (I864 etc.), I765 (optional), I131 (optional) along with copy of I130 approval. Get your receipt letters and be sure that they were accepted by CIS. By then you would have heard from NVC about next step on CP. Once you know that your AOS is progressing smoothly, you can advise NVC that you have chosen to do AOS and do not wish to do CP.
 
I guess I mad the mistake of not filling I-485 with my I-130. With my CP, already received DS-230 packet. Questions on it were not applicable to me like who will travel with me to U.S., but im already here in the U.S. . .
 
lexis300 said:
I guess I mad the mistake of not filling I-485 with my I-130. With my CP, already received DS-230 packet. Questions on it were not applicable to me like who will travel with me to U.S., but im already here in the U.S. . .
Click to expand...

OK, I got the exact same I-130 approval notice from USCIS.
I am a US citizen and my wife applied for green card based on the marriage to a US citizen. Because she was already in US when we married, we did concurrent filing. We sent everything together to Chicago in last October.

So far, she got her advanced parole approved, EAD approved, and we had interview at a local USCIS office and they approved our marriage. But her name check is still pending.

Few days later from the interview date, we received I-130 approval notice which has the same text as yours.
First I called USCIS, but they told me to local office.

So I went to USCIS office to inquire about it. There the officer told me that because we already had an interview, there is nothing to worry about it and told us to disregard I-130.

I still don't understand why the fact that we already had an interview makes this letter meaningless. Can anybody explain this???

Anyway that's what they told me. The officer said that if we haven't had interview yet, then there is an issue, but as long as we had an interview already, there is nothing to worry about.

We were simply told to go home and wait for the name check result.

Your circumstances are somewhat different than mine. (You did not do concurrent filing and you have not had the interview yet) So I can't really say anything about your case.

Hope this helps.
 
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