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I-130 Approved - Not Eligible AOS
So the good news, after getting to keep my GC (waiver granted 2 weeks ago, glory to God!) after 5 years of court dates, my husband's I-130 was approved. I had filed for him in December 2009. Initiating his petition was actually what started my own deportation when USCIS alleged that I had obtained my GC by committing fraud. Originally my GC was approved in 2004.
At any rate, the notice states that although my husband's I-130 was approved "evidence indicates that your she is not eligible to file an adjustment of status application. This determination is based on the information submitted with the petition and any relating files."
It then goes on to say that they have sent the approved petition to the department of state national Visa Center. Since my husband entered illegally back in 1995, was immediately deported and re entered illegally 6 months later does this make him ineligible? He was 16 years old then.
Around the same time that I filed his I-130 (w/o the help of an attorney) I also filed for citizenship. It was later denied because I did not bring certified copies of NSF check fraud charge from 1999. My citizenship interview was in April 2010.
Now that I get to keep my GC, I went to USCIS to inquire of my eligibility to try again to naturalize. I was told that I was eligible since my waiver had been granted and as long as the admission date on my GC was >5 years old. Since it is I'm inclined to file the naturalization application on my own. I've already spent thousands of dollars to keep my GC.
What should I do about my husband? Should I become a citizen first and then apply for his AOS? What is the likelyhood that he'd be accepted? Should I have applied for I-130 and I-485 at the same time? Would he already be a GC if I had done that? What about going through the motions of going through the consular post? What does that even mean? Is an approved I-130 worth anything if the beneficiary is already in the US illegaly?
Any helpful comments/thoughts/suggestions/advice is immensely appreciated.
Thank-you!
Nani
At any rate, the notice states that although my husband's I-130 was approved "evidence indicates that your she is not eligible to file an adjustment of status application. This determination is based on the information submitted with the petition and any relating files."
It then goes on to say that they have sent the approved petition to the department of state national Visa Center. Since my husband entered illegally back in 1995, was immediately deported and re entered illegally 6 months later does this make him ineligible? He was 16 years old then.
Around the same time that I filed his I-130 (w/o the help of an attorney) I also filed for citizenship. It was later denied because I did not bring certified copies of NSF check fraud charge from 1999. My citizenship interview was in April 2010.
Now that I get to keep my GC, I went to USCIS to inquire of my eligibility to try again to naturalize. I was told that I was eligible since my waiver had been granted and as long as the admission date on my GC was >5 years old. Since it is I'm inclined to file the naturalization application on my own. I've already spent thousands of dollars to keep my GC.
What should I do about my husband? Should I become a citizen first and then apply for his AOS? What is the likelyhood that he'd be accepted? Should I have applied for I-130 and I-485 at the same time? Would he already be a GC if I had done that? What about going through the motions of going through the consular post? What does that even mean? Is an approved I-130 worth anything if the beneficiary is already in the US illegaly?
Any helpful comments/thoughts/suggestions/advice is immensely appreciated.
Thank-you!
Nani
