I-130 approved but not eligible to adjust status, application forwarded to NVC

[merznig]

Hi there,

My wife is a dutch citizen who came here on a VWP. We married within 90s of her arrival to the states. We have since had a child together.

We applied for the I-130 almost a year or so after and it was approved. However, the application was forwarded to the NVC for processing since she was not eligible to adjust status. The NVC assigned her a case number and the case is in pending status requiring a payment and submission of a number of forums. When I visited the NVC site, it indicated the following:

If you are physically present in the United States and will apply for adjustment of status with USCIS, then your case will not be processed by the NVC. (You will not apply for an immigrant visa.) Do not pay any fees or submit any forms to the NVC. Notify the NVC by email or mail as soon as you decide to pursue adjustment of status.

At this point, do we continue with the process with the USCIS and file the I-485 with the medical form with the assumption that she will be eligible based on the "immediate relative" criteria? Or do we ignore the statement above and submit the Visa forums even though she currently resides in the states?

Thank you in advance for your feedback!

[MaryH]

Your notice, says to go ahead, (when you are ready) and file the adjustment of status with USCIS; not with NVC.
However, you should notify NVC, of your actions, via email or by mail. Send NO money or applications to NVC.

[merznig]

Your notice, says to go ahead, (when you are ready) and file the adjustment of status with USCIS; not with NVC.
However, you should notify NVC, of your actions, via email or by mail. Send NO money or applications to NVC.

Thank you very much for your quick response, I really appreciate it!

[MaryH]

You are so welcome, Merznig

[Whisp]

Hi There I just wanted to say that My husband also came over on a VWP from the Netherlands - so if you have any other questions or future questions let me know (PM ME)!

Hi there,

My wife is a dutch citizen who came here on a VWP. We married within 90s of her arrival to the states. We have since had a child together.

We applied for the I-130 almost a year or so after and it was approved. However, the application was forwarded to the NVC for processing since she was not eligible to adjust status. The NVC assigned her a case number and the case is in pending status requiring a payment and submission of a number of forums. When I visited the NVC site, it indicated the following:

If you are physically present in the United States and will apply for adjustment of status with USCIS, then your case will not be processed by the NVC. (You will not apply for an immigrant visa.) Do not pay any fees or submit any forms to the NVC. Notify the NVC by email or mail as soon as you decide to pursue adjustment of status.

At this point, do we continue with the process with the USCIS and file the I-485 with the medical form with the assumption that she will be eligible based on the "immediate relative" criteria? Or do we ignore the statement above and submit the Visa forums even though she currently resides in the states?

Thank you in advance for your feedback!

[merznig]

Hi There I just wanted to say that My husband also came over on a VWP from the Netherlands - so if you have any other questions or future questions let me know (PM ME)!

Thank you very much for your offer! I appreciate that