Unable to Understand Aproval Notice of I-130

[DRoller 0]

I entered the country as a Tourist on a B2 visa. My husband, who is an american citizen sent a petition for me (form I-130). We received a notice of action saying the following:

"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 information submitted with the petition shows that the person for whom you are petitioning is not elegible to file an adjustment of status application at this time.

Additional information about elegibility for adjustment of status may be obtained from the local USCIS office serving the area where the person for whom you are petitioning lives.

Etc..."

I called Customer Services number of the USCIS, and they could not tell me what to do and what was really going on. I was sent to set an appointment through InfoPass on the USCIS office.

Does anybody has an idea of what this could mean?

I need to work and so was thinking on applying to my adjustment of status either way, but i cannot understand why im not elegible and what does that really mean.

[shayma 22]

Ur i130 is approved but it still has not gone to the NVC u cant apply for adjustment of status until the NVC also approves u so thats the next step they will send ur case to the nvc so u should hear from them soon its good news congrats

[Harpa Timsah 13,261]

The above is incorrect. NVC doesn't do anything with a case like yours.

Why didn't you file a I-485 at the same time?

The wording is just boilerplate, and you haven't submitted proof of your legal entry or anything else. You can submit new information with your I-485 package that will show you are eligible.

[dwheels76 5,486]

I entered the country as a Tourist on a B2 visa. My husband, who is an american citizen sent a petition for me (form I-130). We received a notice of action saying the following:

"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 information submitted with the petition shows that the person for whom you are petitioning is not elegible to file an adjustment of status application at this time.

Additional information about elegibility for adjustment of status may be obtained from the local USCIS office serving the area where the person for whom you are petitioning lives.

Etc..."

I called Customer Services number of the USCIS, and they could not tell me what to do and what was really going on. I was sent to set an appointment through InfoPass on the USCIS office.

Does anybody has an idea of what this could mean?

I need to work and so was thinking on applying to my adjustment of status either way, but i cannot understand why im not elegible and what does that really mean.

The previous response is incorrect. NVC has nothing to do with that.

So you filed a stand alone I-130 but you are in the country on a B2 Visa. Thats why its worded that way. Cuz i am sure you have

Cuz if you are in the country you do not file the I-130. That is incorrect. What was the fee you paid> because Adjustment of Status is $1070.

1. G-325a

2. I-864

3. I-485

4. I-765 (optional)

5. I-131 (optional)

6. G-1145 (optional)

I-864, Affidavit of Support I-765, Application for Employment Authorization, if you want to work while your application is processed (optional)

I-131, Application for Travel Document, if you need to travel outside the United States while your application is processed

[Harpa Timsah 13,261]

Dwheels, you are almost on track but the OP must also file I-130 because that establishes a marital relationship. What you quoted is only for people on K visas who already submitted a petition proving a familial relationship.

So for the OP AOS is $420 for the I-130 plus $1070 for the I-485. Usually this is done at the same time. Unclear why the OP did it separately.

[dwheels76 5,486]

Dwheels, you are almost on track but the OP must also file I-130 because that establishes a marital relationship. What you quoted is only for people on K visas who already submitted a petition proving a familial relationship.

So for the OP AOS is $420 for the I-130 plus $1070 for the I-485. Usually this is done at the same time. Unclear why the OP did it separately.

Dang it. Thanks for setting me straight. Sorry OP.

[KayDeeCee 4,903]

~ Moved from Adjustment from Family Visas to Adjustment from Work, Student & Tourist Visas ~

[Hypnos 6,579]

Since the OP already has an approved I-130 then they won't be filing another.

Follow the guide: http://www.visajourney.com/forums/index.php?autocom=custom&page=i130guide2 but enclose a copy of the approval notice for your I-130 in lieu of the I-130 itself.

[akihon 129]

I think the biggest question here is why didn't the OP file I-130 and 485 concurrently?

[Inky 1,111]

I think the biggest question here is why didn't the OP file I-130 and 485 concurrently?

Because they probably had no clue about how to do it correctly. But honestly its a non-issue and really not the important question. The biggest thing is getting the person back on track so they are moving ahead in their process.

[Darnell 8,479]

Ur i130 is approved but it still has not gone to the NVC u cant apply for adjustment of status until the NVC also approves u so thats the next step they will send ur case to the nvc so u should hear from them soon its good news congrats

What? NVC doesn't handle 'adjustment of status', ever.

NVC is for visa-chasing, not green-card chasing .

[DRoller 0]

The above is incorrect. NVC doesn't do anything with a case like yours.

Why didn't you file a I-485 at the same time?

The wording is just boilerplate, and you haven't submitted proof of your legal entry or anything else. You can submit new information with your I-485 package that will show you are eligible.

I didnt send the I-485 at the same time cause didnt have the money to do so. I called few days ago and told me that I can send that form at any time, but including a copy of the I-130, and now, plus the I-130 approval.

I did submited info that was in the country legally. Actually sent all the info of my I-94, the number on it, and the date of entry. Didnt send a copy of it cause in the instruction package didnt say that I was supposed to. The thing is that if they say im not elegible for adjustment of status, can I still send the I-485?

This is so awfully confusing.

I called USCIS Customer services, and they didnt know what the heck the letter in question meant.

Because they probably had no clue about how to do it correctly. But honestly its a non-issue and really not the important question. The biggest thing is getting the person back on track so they are moving ahead in their process.

How do I do that?

Since the OP already has an approved I-130 then they won't be filing another.

Follow the guide: http://www.visajourney.com/forums/index.php?autocom=custom&page=i130guide2 but enclose a copy of the approval notice for your I-130 in lieu of the I-130 itself.

Can I do that? Even if the letter says that I am not elegible for Adjustment of Status?

[DRoller 0]

Dwheels, you are almost on track but the OP must also file I-130 because that establishes a marital relationship. What you quoted is only for people on K visas who already submitted a petition proving a familial relationship.

So for the OP AOS is $420 for the I-130 plus $1070 for the I-485. Usually this is done at the same time. Unclear why the OP did it separately.

Whenever I called, they said that the I-485 could be filled at any time... that didnt really matter if wasnt filled concurrently originally whenever we sent the I-130. The thing is that I need an authorization to work in the States, that is why I want to send that I-485, so I can include all those other petitions (I-765 and I-131), but now im confused and really dont know why they say im not elegible at the moment. And seriously, at USCIS dont seem to know either.

[Hypnos 6,579]

Can I do that? Even if the letter says that I am not elegible for Adjustment of Status?

Yes.

[DRoller 0]

Ur i130 is approved but it still has not gone to the NVC u cant apply for adjustment of status until the NVC also approves u so thats the next step they will send ur case to the nvc so u should hear from them soon its good news congrats

You sure? It said some about NVC the letter, like if I wanted to apply to Inmigrant Visa...buts isnt that the same? Gosh this is confusing!

Whenever I filed all the papers for the I-130 they specified that the Stand Alone form gives you like a number in the waiting area, so to speak, but you needed to get a visa number available to proceed with the adjustment of status, so maybe that is, and you are right?

How you know?