max3336

1 hour ago, piff said:

That is it, apply for AOS and be happy, it will kick in and she won't get an interview until get PD is current, but at least it saves you around 1 year!!!

 

Yes, thank you. I plan to do so.

7 minutes ago, piff said:

 

what is the priority date? all depends on it

Her priority date is current based on the USCIS filing dates table (currently, you must use this table for family-based petition), it is 10/13/2016.

11 minutes ago, f.g said:

yes they got my petition

I just to NVC officer, and he told me we cannot determine your eligibility for AOS in the US and you need to contact USCIS and ask them about it. He said when they receive my petition they give me a case number and when it s the time, they contact me to proceed with my petition, that is when I need to send an email with required documents explaining why I am eligible for AOS in the US and because of that I would like my petition to be sent back to USCIS.

Given that, I believe you are right, if you think you are eligible for the AOS in the US, you can file the application to USCIS and NVC will send the petition back to USCIS later.

3 minutes ago, f.g said:

Yes I was in US when I applied. 

I called NVC yesterday and told them about this, the one who answered me says that when you apply for adjustment of status to USCIS they will return my file back from NVC .. hope this is right

Did they already have your application? because I called NVC and they told me I have to wait until they get my petition then they can answer my questions, and see if I am eligible to send the petition back to USCIS.

Just now, f.g said:

she is a green card holder, and she is in US, priority date is 29 September 2016

What I found from people that this NO2 revived to all people and we can apply to USCIS normally. but need to confirm this information

Did you try calling USCIS and ask them?

No, I meant the status of the beneficiary which is you in this case. Where you in the US when she applied? what is your current status, I mean on what type of visa you are?

I believe you are right. But when the petition receives at the NVC, they would contact you, then we should ask them to send it back to USCIS because we would like to AOS in the US.

However, I want to make sure that is why I am going to visit a local office. Yes, I contacted USCIS and talked to a L2 officer, I explained him the situation completely but sounded like he did not have much information and he was not aware of the second table of USCIS for filing dates!

1 hour ago, f.g said:

I have the same case, and i don't know what should i do?, please if you knew anythig let me know.

Also if anyone could help to answer our question, please share?

What was the status your spouse in the US when you applied for I130? Is she/he still in the US? When is your priority date?

I am going to local office in 10 days to find out the reason.

18 minutes ago, Dutchster said:

Spouses of PR cannot adjust status inside the US.

She has to leave. Current waiting times for spousal visas of PR's is 2 years.

Please do not confuse people with wrong information when you do not have relevant knowledge about a subject! The spouse of a LPR can adjust status in the US if the PD is current. I have several PR friends who have adjusted the status of their spouses in the US.

18 minutes ago, Lizziecakes said:

I-130 is one application that asks for some documents.

 

I-485 is another application all together.

 

The two can be concurrently filed. Did you currently file these 2 applications.

 

Yes I am aware of the difference. No, I did not. I am not a citizen but a permanent resident. I had to wait until the i130 application is approved before applying for i485. Now, the i130 just got approved which means I can apply for 485 along with 131 and 765. However, in the approval notice, it is mentioned the applicant may not be eligible to adjust the status and because of that the application is sent to NVC.

4 minutes ago, piff said:

What about location to adjust status or to apply abroad? Make aire wife doesn't travel now until she gets an advance parole. We were going to do consular with the same category but then transferred to AOS instead and no issues. 

We would like to do that in the US because my wife does not want to leave the country, that is why we should send the package to Chicago for the AOS. Your wife/husband was in the US when you file i130?

3 hours ago, piff said:

you can apply for AOS, they will request a petition and it will be sent back. What did you mention on I-130?

So just send the 485/765/131 package to Chicago?

If you mean what I include in my I130 petition, I put everything they need along with the documents that prove validity of my wife status, like F1 visa, i20, i94, etc.

Hello folks,

I am a PR and applied for my spouse's I130 in October 2016. I got approval a few days ago. But in the I797 descriptions, it is mentioned that the applicant may not be eligible to adjust the status in the US and because of that, the application is sent to NVC. I do not know why this is the case, because my wife entered the US on F1 student visa and she has been on a valid student visa since then. Also, our priority date got recently current (based on USCIS visa bulletin for Filing Date table). I cannot find any explanation for this, I would greatly appreciate if you could share your similar experiences.

Hello,

I am not sure if this is the right forum to post my concern, I am sorry in advance if this is not.

I am a PR and applied for my spouse's I130 in October 2016. I got approval a few days ago. But in the I797 descriptions, it is mentioned that the applicant may not be eligible to adjust the status in the US and because of that, the application is sent to NVC. I do not know why this is the case, because my wife entered the US on F1 student visa and she has been on a valid student visa since then. Also, our priority date got recently current (based on USCIS visa bulletin for Filing Date table). I cannot find any explanation for this, I would greatly appreciate if you could share your similar experiences.

Thanks

Can anyone let me know where should we file the 485/765/131 application after 130 approval and the PD is current?

For a permanent resident filing for the spouse residing in the US?

Thanks