Please advise -- NVC after I-130 approval?

M

mike1990

New Member
I apologize if this is common knowledge, but I am still not certain about this even after much searching and reading...

I am a U.S. Citizen petitioning for my wife who's entered the U.S. legally as a child 20 years ago, but has since lost her I-94. We have her mother's Mexico passport stamped at the border (with my wife written in there as a child) at the time of entry as well as her SS card as indirect proofs that she entered the country legally. I filed I-130 for her in June, leaving the I-94 number field blank.

Today we got the I-797 Notice of Action which says that I-130 was approved but "the evidence indicates that she is not eligible to file an adjustment of status application". It goes on to say that the approval has been forwarded to Dept of State National Visa Center and that NVC will contact us with further directions.

Does this mean that my wife will have to leave the U.S. to get her visa? Or is this the standard process and she'll get her visa and adjustment of status in the U.S. ?

Thank you all for your help

mike
 
Hello Mike,

My wife is a permanent resident and she filed an I-130 for me that was approved this week; Since I am in the US on a student Visa (legally), we had indicated our desire to adjust status in the US but in the approval notice I got the exact same thing that you mentioned. "The evidence does not support ... and therefore we have forwarded it to NVC". So this is also my problem and I appreciate it if anyone can help; Afterall, can I adjust status inside US or not?

Thanks
 
I am in the similar situation, can you share your story in the end ? what happened since you last email ?
 
auro_venus said:
"The evidence does not support ... and therefore we have forwarded it to NVC".

Thanks
Click to expand...

Where on the I-130 approval letter that says "The evidence does not support ..." My I-797 Notice of Action (the approval of I-130 petition) only says "NVC processes all approved immigrant visa petitions THAT NEED CONSULAR ACTION."

I am in a similar situation. My I-130 petition (for my wife who is currently a F-1 student in the U.S.) got approved but sent to NVC (by mistake?). At the meantime, we were interviewed at local DO for our I-485 AOS application and got approved! However, since they did not have the I-130 (still at NVC) at the time of interview, we did not get the passport stamped. We were told to wait for the file transfer and then the green card in about two months. We hav bee waiting for one month already.
 
bigcake said:
Where on the I-130 approval letter that says "The evidence does not support ..." My I-797 Notice of Action (the approval of I-130 petition) only says "NVC processes all approved immigrant visa petitions THAT NEED CONSULAR ACTION."

I am in a similar situation. My I-130 petition (for my wife who is currently a F-1 student in the U.S.) got approved but sent to NVC (by mistake?). At the meantime, we were interviewed at local DO for our I-485 AOS application and got approved! However, since they did not have the I-130 (still at NVC) at the time of interview, we did not get the passport stamped. We were told to wait for the file transfer and then the green card in about two months. We hav bee waiting for one month already.
Click to expand...

Immigration Officers in Portland are pretty nice, why don't you try to go there and talk to them and ask for assistance/help?
 
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