I-130 approved or denied?..

[Violetta]

Hello,
i need help with understanding the i-797 Notce of action we ve got in amail today


Notice type: Approval Notice section: Husband or wife of US Citizen, 201(b) INA

Priority Date: Nov 17, 2014.
Notice Date: Nov 18, 2014.



It says that '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 evidence indicates that he or she is not eligible to file an adjustment of status application.'
I am a little confused about the petition is approved but says unable to do Adjustment of Status. Can someone help me please?

thank you!

Violetta

[marissa1]

I-130 approved or denied?..

It's is approves mines had said the same thing

[MaryH]

Could you kindly state the relationship of the Petitioner to the Beneficiary and the Petitioner's Immigration status.

Your letter is saying the I-130 application is approved but the Beneficiary, is presently in the United State, and will apply for Adjustment of status but the Beneficiary, is not qualified at this time to apply for Adjustment of status. Meaning you will need to wait, until your priority date is current, to apply for Adjustment of status.

[Yuzu]

Hi MaryH,

On the Notice type, its said "Husband or wife of US Citizen"
So i believe the relationship is husband and wife.

And from your reply, you said she need to wait until her priority date is current to apply for AOS, but the petitioner is a US Citizen, i thought spouse of US Citizen no need to wait, im confused.

Yuzu.

Could you kindly state the relationship of the Petitioner to the Beneficiary and the Petitioner's Immigration status.

Your letter is saying the I-130 application is approved but the Beneficiary, is presently in the United State, and will apply for Adjustment of status but the Beneficiary, is not qualified at this time to apply for Adjustment of status. Meaning you will need to wait, until your priority date is current, to apply for Adjustment of status.

[MaryH]

I had to assume, that's why I asked the questions. Now that you say it's husband and wife, threesshouldn't be a wait period. But it sounds like you are not sure yourself. U have to have the correct information to get the right answers.

But if they are husband and wife, and one being a US Citizen, there is no wait period and I cannot, think of any reason why she wouldn't qualify to adjust right away. Something (your information) isn't clear.

[Violetta]

I had to assume, that's why I asked the questions. Now that you say it's husband and wife, threesshouldn't be a wait period. But it sounds like you are not sure yourself. U have to have the correct information to get the right answers.

But if they are husband and wife, and one being a US Citizen, there is no wait period and I cannot, think of any reason why she wouldn't qualify to adjust right away. Something (your information) isn't clear.

Mary,

tahnk you for your replay!

so yes, as Yuzu me mentioned above it is based on marriage(husband and wife)
more confusing is what about visa, i ll type the whole thing they sent me:

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 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 realting files. If the person for whom you are petitioning believes taht he/she is eligible for adjustment of status , the he/she should contact the local USCIS office for more information.
Because the person for whom you are petitioning is not eligible to adjust, we have sent the approved petition to the Department of State Natinal Visa Center(NVC). NVC processes all approved immigrant visa which consular post is the appropriate consulate to complete visa processing. NVC will then forward the approved petotion to taht consulate.


and i went today to USCIS office and the offucer told me taht because i overstayed my visit(i came here by B1/B2 and it expired on 2,5 months before we got married) and technically i am illegal , but we have family and child together , so NVC ll issue visa for me, i ll have to leave the country, go back to my country, went there for interview..and also he says taht NVC ll issue for me visa with appoval to come back...if i ll have vsa with approval, why then do i go to the interview there?..i am very confused..
so i have to leave the country?..never heard of that before...

V

[MaryH]

Wow!!! You are in a tough position. Wish you had consulted a lawyer first. Just like you I have never heard ofsome one in your situation, been asked to return to their country.
I knew exactly, what your letter was saying, that's why I asked the relationship. I'm just suprised Iitit's huhusband/wife and USA citizen at that. I'm not sure if some law has changed. why your case is different and is been sent to the Visa Center.
I hope someone, else may be able to give a reason or light on this matter.
Sorry!!!

[MaryH]

You said that you went to the local office, so I will advise u to call USCIS, and ask to speak to a IO, not the normal customer service person. Keep us posted

[Violetta]

You said that you went to the local office, so I will advise u to call USCIS, and ask to speak to a IO, not the normal customer service person. Keep us posted

Mary, thanks a lot for your time)
would you please tell me what IO stands for?

BR,

Violetta

[MaryH]

Normally, when you call USCIS, u talk to a USCIS, customer service person, but ask to speak to a level 2 person, they are 'immigration officials', they can be more, specific in answering questions on someone's case. Good luck!!

[marissa1]

It is approved but they send it to nvc... You have to wait on the priory date they will send it to you ...

[Violetta]

It is approved but they send it to nvc... You have to wait on the priory date they will send it to you ...

Marissa,

but what do i do after that?..i dont want to leave the country to get interview on the consular where i got my tourist visa?..how do i do it all here?

thank you

V

[Violetta]

got mail from NVC

so few days ago i got a mail from NVC saying taht they (NVC) recieved my immigration visa petition from USCIS and they ll sttart working with me to complrte my immigration visa case and schedule my interview,
they show in the mail which are next steps i have to take(pay fees, submit vsa applcation, collect documents and submit all that to NVC), and after i ll complete all those steps ,they ll review all that and they ll schedule my interview in US embassy in Tbilisi, Georgia

so again, i do not want to leave the country for that interview, i want to have my interview here, in USA!what do do?is there any kind of wavire form i have to fill and send or what?

thank you in advance!!!


Violetta

[rayb]

To remain in the U.S. for an interview, you must now submit an I-485 package for Adjustment of Status.

--Ray B

so few days ago i got a mail from NVC saying taht they (NVC) recieved my immigration visa petition from USCIS and they ll sttart working with me to complrte my immigration visa case and schedule my interview,
they show in the mail which are next steps i have to take(pay fees, submit vsa applcation, collect documents and submit all that to NVC), and after i ll complete all those steps ,they ll review all that and they ll schedule my interview in US embassy in Tbilisi, Georgia

so again, i do not want to leave the country for that interview, i want to have my interview here, in USA!what do do?is there any kind of wavire form i have to fill and send or what?

thank you in advance!!!


Violetta

[Violetta]

To remain in the U.S. for an interview, you must now submit an I-485 package for Adjustment of Status.

--Ray B

and just ignore the whole NVC thing?..