I-130 approved but not eligible, receive NVC case number for further processing

[atadi 0]

I got B2 visa for USA and I arrived in the United States on January 2010.

I applied on May, 2010, I-539 application to Extend- Change Nonimmigrant Status, and was approved on October, 2011 valid June 2011- January 2012.

I got married on December, 2011. My husband has a Permanent resident card since March, 2009.

January, 2011 we sent I-130 Petition for Alien Relative and G-325A, Biographic Information for each other (me and my husband), received date January, 2012.

April, 2013 received letter that the petition has been approved, (The petition indicates that the person for whom you are petitioning is in USA and will apply for adjustment for status) but not eligible to file an adjustment of status at this time.

June, 2013 receive NVC case Number with letter which said: The immigrant visa petition filed on behalf ……… has become eligible for further processing at NVC.

I choose my agent and I paid AOS fee.

And we saw that if I kept my process with NVC I must apply for i-601 for waiver (which is question can they approved or not, because we saw you need them to give a good reason for overstaying) and then I must going to my country for interview.

My question is it any better way to be on standby right now and wait for my husband to be a US citizen and then to apply for i-485 and i-675 with the copy of NVC case number and then finally get our interview ?

What should we do next? Sincerely thank you for your help.

[kari81 18]

Unless your husband becomes a citizen you can't adjust your status in the United States. And since you've been out of status for 180 days, you will be inadmissible to re-entry for ten good years if you try to return your to home return home country to process your green card. So your best option is to wait here for your husband to become a citizen so that you can adjust your status here. Also the new immigration being debated in the congress has a provision which will allow spouse and children of green card holder to adjust status here but until the bill is passed, there is nothing you can do now.

Good Luck

[atadi 0]

Thank you Kari for your answer. You are right, I will be inadmissible to re-entry for ten years if I try to return my country without i-601, that's why i want to know when my husband will stay a citizen, what is the next step, because we already have case in NVC for i-130 form. Do we need to apply again for i-130 or just apply for i-485, i-675 and copy of i-130 with NVC case and rest of others included copies. Thank you