I-130 approved last year

[Anca]

Hello everyone,

Long story short!

I'm married with green card holder, i entered usa last year in june, we applied for I-130 and in nov it was approved!
Now we got an emai from NVC saying to prepare for my interview in my home country, not here, how we mentioned on the application!

Where was the mistake? And what can it be done? If anyone knows! Because i cannot go back to my country, i just had a baby, plus i wanna adjust my status in USA!
With whom should i talk and you think they can tranfer my case here?

Thank you so much,
Anka

[newacct]

First of all, you need to be aware that, since you are not in the Immediate Relative category (spouse, unmarried under-21 child, or parent of US citizen), you must be in status at the time of applying for Adjustment of Status to be eligible for Adjustment of Status. What status are you in? When does your status end?

[Anca]

I am aware of that, and i was waiting for my priority date! I was waiting to send my documents for the adjustment of status and nowni found out that my case has been sent to my country of origin!

With whom should i talk regarding this?

- - - Updated - - -

I entered Usa with tourist visa , i forgot to mention that

[newacct]

I am aware of that, and i was waiting for my priority date! I was waiting to send my documents for the adjustment of status and nowni found out that my case has been sent to my country of origin!

With whom should i talk regarding this?

- - - Updated - - -

I entered Usa with tourist visa , i forgot to mention that

If you entered on a tourist visa, you were admitted for at most 6 months (so your I-94 probably expired in December at the latest), which means you are now out of status and ineligible for Adjustment of Status in your category, so you can only do Consular Processing at this point.

Furthermore, you start accruing "unlawful presence" when you stay past the date on your I-94. If your I-94 expired in December or before, you have already accrued more than 180 days of "unlawful presence", which means if you leave the US you will trigger a 3-year ban. And if you stay until you accrue 1 year of "unlawful presence" and leave the US after that, you will trigger a 10-year ban.

So you are in a bad situation where you can't do AOS, but doing CP requires you to leave the US which will trigger a ban. You can try to apply for a waiver for the ban, by showing "extreme hardship" to your LPR spouse if you can't be in the US, and you can even apply for it before you leave the US, by filing I-601A for a provisional waiver. Unfortunately, it is very hard to establish "extreme hardship", and waiting for the result of the provisional waiver would likely push your "unlawful presence" to beyond a year.

If you can't get a waiver, another option would be to wait in the US (and hope you don't get deported) until your spouse becomes a US citizen, at which point you become eligible for Adjustment of Status because you will be in the Immediate Relative category.

[Anca]

It's ok...thank you so much! Soon my husband will
Become citizen and i won't worry abt this too much! Plus i have a baby born here, i don't think the law and the rule is to deport the mother and leave the baby without a mother and destroy a family! Because the baby is US citizen and they cannot touch my child!

Thanks again for the info!

[inadmissible]

Soon my husband will become citizen and i won't worry abt this too much! Plus i have a baby born here, i don't think the law and the rule is to deport the mother and leave the baby without a mother and destroy a family! Because the baby is US citizen and they cannot touch my child!

They can and do regularly remove alien mothers with citizen infant babies. Hang in there until your husband naturalizes

[Papijace963]

It's ok...thank you so much! Soon my husband will
Become citizen and i won't worry abt this too much! Plus i have a baby born here, i don't think the law and the rule is to deport the mother and leave the baby without a mother and destroy a family! Because the baby is US citizen and they cannot touch my child!

Thanks again for the info!

hmmm so u had a b1/b2 visa and obviously pregnant b4 u enter the united states... do u see here where it appears u had intended to immigrate when u entered the country... hmmm my suggestiong lay low... hope not to be deported and wait on ur childs father/husband to become citizen ok... this is my personal opinion

[Anca]

Actualy i entered usa with b2 visa and i was far away from being pregnant! I didn't come here with the idea of getting pregnant and this issue is not to be discussed on this forum! I'm not that desperate to live here, my country of origin it's a beautiful place in Europe and if it wouldn't be for my husband usa will defenitly won't be my choice! My pregnancy or my intentions are no one's problem! No need to justify my reasons!
My question was very simple...if uscis send my doc by mistake to my country with whom i have to speak?with them or with someone else?

That's all i needed to know! Thanks a lot for the help!

[Papijace963]

Apologies and opinions

Actualy i entered usa with b2 visa and i was far away from being pregnant! I didn't come here with the idea of getting pregnant and this issue is not to be discussed on this forum! I'm not that desperate to live here, my country of origin it's a beautiful place in Europe and if it wouldn't be for my husband usa will defenitly won't be my choice! My pregnancy or my intentions are no one's problem! No need to justify my reasons!
My question was very simple...if uscis send my doc by mistake to my country with whom i have to speak?with them or with someone else?

That's all i needed to know! Thanks a lot for the help!

i apologies for going off ona tangent never my intentions to question ur intentions i was looking at it base off and assume opinion again i apologies... to answer ur question was USCIS aware u where in america...second u came on a b2 visa so to the Uscis u would be in the U.S for a specified amount of time... if u did not file the paper in the U.S then it is MY ASSUMPTION that wherever u address was at the time of filing then that's where it would be sent... if thats the case u options i would say is to either get u a lawyer who is verse in immigration issues or wait till ur husband becomes a current citizen... AGAIN I APOLOGIES FOR MY OFFENSIVE REMARKS

[inadmissible]

My question was very simple...if uscis send my doc by mistake to my country with whom i have to speak?with them or with someone else?

Perhaps you should do nothing about it

On one hand, you stand nothing to gain from terminating the NVC process. They will attempt to reach out to you at your address abroad, you won't respond by making a consular appointment, and nothing will happen

On the other hand, you may end up informing them or reminding them that you are here in the United States. Obviously, you don't want to alert them to the fact that you are unlawfully present.

On the balance, you have little to gain and a lot to lose by communicating USCIS or DOS about your case

Hold on to your I-130 approval notice, lay low, avoid trouble, keep your marriage steady, and make sure your husband applies for naturalization as soon as he possibly can

[Anca]

Thank you so much for the answer! I called them already, Uscis and they said the will redraw my file from my country and i have to wait for my priority date in here! Like i knew before that it suppose to be! And they are aware of my situation in here.

And i visited a lawyer and he said the same, i have to wait for my priority date here in usa, or if my husband becomes citizen earlier, than the situation will be easier and faster!

He also mentioned that no way i'm gonna be deported, this applies only for ppl with bad files and records living in usa without any status, illegaly.

[newacct]

Thank you so much for the answer! I called them already, Uscis and they said the will redraw my file from my country and i have to wait for my priority date in here! Like i knew before that it suppose to be! And they are aware of my situation in here.

And i visited a lawyer and he said the same, i have to wait for my priority date here in usa, or if my husband becomes citizen earlier, than the situation will be easier and faster!

Either you are missing something really key when talking to this lawyer, or he/she is completely incompetent, because you can't just "wait for your priority date" -- even when your priority date can file, you cannot file AOS. In fact, your priority date in F2A will be eligible to file AOS next month, October 2017, according to the USCIS's charts, but again, this doesn't help you -- you cannot file. It's not a problem of priority date; you can never do AOS in F2A, no matter how long wait, because you overstayed. If your husband becomes a citizen, it will make it "possible" for you to do AOS (not "faster", as it is not even possible otherwise), because it changes your category to Immediate Relative, which does not need to be in status to do AOS.

He also mentioned that no way i'm gonna be deported, this applies only for ppl with bad files and records living in usa without any status, illegaly.

You are living in the US without any status; you are in the US illegally, based on what you mentioned.

[inadmissible]

they are aware of my situation in here.

...i'm gonna be deported ... living in usa without any status, illegaly.

Hopefully USCIS is not fully aware of your situation here, because you are removable