So Confused! I-130

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Beatriz

Registered Users (C)

First of all thank you for this useful Forum, I've been reading and learning a lot through it.
I am a B-2 holder, my husband is US citizen and I came to US with a I-94, we got marry on Dec. 2010 and filed for the I-130 on January, we received the approval on June, which says that I'm not eligible for Adjustment of status, I don't have criminal records, and never had problems in my regular visits to USA, I have visa since I was a year old. Never had problems in my country, always worked and my records clean, also my husband can afford the affidavit of support by himself.
My I-94 was for six months, and just expired on June 15th, reading posts I found out that if I overstay more than 180 days I can get a bar, in other posts I read that as my husband filed for my GC my overstay is forgiven, in other sites I read that I'm ok if I stay in the country while I get my GC. So I don't really know what to do.
Thank you in advance for your advice.
 
That is pretty weird. You say the I-130 was approved but not eligible for AOS. Did you file the I-485 and it got rejected? Your timeline is a bit suspicious though. It looks like you got married within a month of arriving in the States. The USCIS conclusion there would be that you had immigration intent.

Preconceived intent to remain in the U.S. at the time of entry as a nonimmigrant, even though not resulting in fraud or willful misrepresentation, may be a sufficient negative factor to deny adjustment of status.

What reason did the notice give for you not being eligible for adjustment of status?
 
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ananga73 said:
That is pretty weird. You say the I-130 was approved but not eligible for AOS. Did you file the I-485 and it got rejected?Your timeline is a bit suspicious though. It looks like you got married within a month of arriving in the States. The USCIS conclusion there would be that you had immigration intent.

Preconceived intent to remain in the U.S. at the time of entry as a nonimmigrant, even though not resulting in fraud or willful misrepresentation, may be a sufficient negative factor to deny adjustment of status.

What reason did the notice give for you not being eligible for adjustment of status?
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It is a I-1797 NOA and it says:
The above petition has been approved. The petition indicates tha this 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 with the petition and any related 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 USCIS for more information.
 
Beatriz said:
It is a I-1797 NOA and it says:
The above petition has been approved. The petition indicates tha this 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 with the petition and any related 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 USCIS for more information.
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does the visa have any restrictions? Like foreign residency requirement or anything?
 
Nope, I have my visa that I had all my life, always before it expires we go to the consulate and renew it, since I was one year, it has no restrictions.
 
Did you file an I-130/I-485 combo? When exactly did you enter the US? When did you get married? When did you submit your forms?

Beatriz said:
Nope, I have my visa that I had all my life, always before it expires we go to the consulate and renew it, since I was one year, it has no restrictions.
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Triple Citizen said:
Did you file an I-130/I-485 combo? When exactly did you enter the US? When did you get married? When did you submit your forms?
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I filed the combo, I entered on Dec, and married one day after I entered, we submitted the forms a month later.
 
Oh boy!!! Talk about being brave and silly at the same time. Having said that, I still am amazed that your I-130 approval notice states that the evidence you submitted deems you to be ineligible for AOS. Seeing your timeline, you deserve an AOS interrogation (aka appointment). What evidence did you submit? Did you attach a copy of your I-94?

Beatriz said:
I filed the combo, I entered on Dec, and married one day after I entered, we submitted the forms a month later.
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Triple Citizen said:
Oh boy!!! Talk about being brave and silly at the same time. Having said that, I still am amazed that your I-130 approval notice states that the evidence you submitted deems you to be ineligible for AOS. Seeing your timeline, you deserve an AOS interrogation (aka appointment). What evidence did you submit? Did you attach a copy of your I-94?
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:) Ok Let me tell you the story so then you can judge completely.
Had a long relationship with my now husband and we got engaged last year, after getting married he went with somebody to start with the paperwork to bring me to US, so I'm from a traditional family (if you are from PK you should know how is that) and that's why we got marry first in my country, a big wedding, civil and religious. My wedding certificate from my country is not valid in US so we got married here too.
We sent all the pictures and letters from people who knows us. I don't know if the legal assistant sent my country marriage certificate too. And yes we attached a copy of my I-94
 
Beatriz said:
:) Ok Let me tell you the story so then you can judge completely.
Had a long relationship with my now husband and we got engaged last year, after getting married he went with somebody to start with the paperwork to bring me to US, so I'm from a traditional family (if you are from PK you should know how is that) and that's why we got marry first in my country, a big wedding, civil and religious. My wedding certificate from my country is not valid in US so we got married here too.
We sent all the pictures and letters from people who knows us. I don't know if the legal assistant sent my country marriage certificate too. And yes we attached a copy of my I-94
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The problem here is that you entered on a non immigrant visa, knowing full well you planned to get married and file. When was your latest visa issued? If it was issued a while ago, you can make the argument that at the time it was issued, you had no intent to migrate to the united states. Honestly to make everything easier for you, if you can afford it, go back home and do consular processing.
 
That is incorrect. If your wedding was legal in the jurisdiction where it took place, it is recognised by USCIS as a legal union. Period.
Again, that still does not answer why you have been found ineligible for AOS. Do you recall your conversation at the POE when you entered?

Beatriz said:
we got marry first in my country, a big wedding, civil and religious. My wedding certificate from my country is not valid in US
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ananga73 said:
The problem here is that you entered on a non immigrant visa, knowing full well you planned to get married and file. When was your latest visa issued? If it was issued a while ago, you can make the argument that at the time it was issued, you had no intent to migrate to the united states. Honestly to make everything easier for you, if you can afford it, go back home and do consular processing.
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my latest visa was issued in 2003, and sure I didn't had intent to migrate to united states.
 
When you applied for AOS you sent both i-130 AND i-485 bc it sounds as if you sent first i-130. You should call and ask what is the specific reason for denying the i-485.
 
Triple Citizen said:
That is incorrect. If your wedding was legal in the jurisdiction where it took place, it is recognised by USCIS as a legal union. Period.
Again, that still does not answer why you have been found ineligible for AOS. Do you recall your conversation at the POE when you entered?
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I entered by LAX airport and how recall my conversation? Not mentioned a wedding
 
Beatriz said:
We will send the medical inspection for and not fingerprints appointment letter yet.
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are you saying you didn't send I-693 with I-485?
You sent everything out in January and never received a biometrics appointment letter?
 
desp1234 said:
are you saying you didn't send I-693 with I-485?
You sent everything out in January and never received a biometrics appointment letter?
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I checked the forms that we filed the first time, he gave us to choices the first was to send half of the forms and after received the approval send the other ones, or the second one was to filed everything at the same time, the difference was the price cause she told us that the timing was almost the same. So we chose the first option. In the first package he sent the I-864, G-325A, I-485 and all the photos, relationship affidavit and requirements as proof of your wedding.
This second time he is asking for a medical test, and with that also will send I-765, I-864 and I-485 (again). He told us that the license to work arrives in around a month and the other paperwork takes like 6 months. But we never received a biometrics appointment letter
 
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