I-130 approved but I am confused

[immiblues]

Hi,
My wife's (US Citizen) I-130 petition that she filed for me was approved but the I797 says "The petition indicates that the person for whom you are filing 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."

The approval notice then goes on to say that my approval petition has been sent to the National Visa Center and that they will forward it to the appropriate consulate.

I have no idea why I might be 'ineligible' I am here legally, and am currently on a H1 that is valid until 2009.

Additional info:

- As far as I know, priority dates do not apply for marriage based AOS, however, if it helps, the Priority date on my I797 says Jan 30th 2007, and my receipt date is Jan 31st 2007.


Anyway, we will be calling the service center tomorrow to figure out what all this is about.

[yandresyuk]

Who told you that priority dates do not apply? That is so far from the truth, priority dates apply but visa numbers don't

[immiblues]

Who told you that priority dates do not apply? That is so far from the truth, priority dates apply but visa numbers don't

Then I stand corrected. Could the priority date / receipt I presented in my original post have something do with my not being eligible for AOS?

[immiblues]

Update:

My wife called the servicing center and they informed her that that there was no problem with my papers and that my file was sent to the NVC because there was no visa available.

The operator told us that when a visa because available I would be contacted by the NVC and would still have the option to file an AOS.

I thought visa number availability was not applicable to family-based petitions. Could someone please advise me on what I might be missing?

[immiblues]

Update 2

My wife called the servicing center and they informed her that that there was no problem with my papers and that my file was sent to the NVC because there was no visa available.

The operator told us that when a visa because available I would be contacted by the NVC and would still have the option to file an AOS.

I thought visa number availability was not applicable to family-based petitions. Could someone please advise me on what I might be missing?

We called the service center again and this time, my wife was transfered to a specialist. Looks like the person my wife spoke to initially gave us wrong information. Apparently INS thinks I am in India because we provided my India address in the section that asks for the beneficiary's address abroad. They also assumed that I was in India because we did not apply for the I485 along with the I130.

The specialist that my wife spoke to says we could apply for the 485 and attach a statement that I am legally in the US.She confirmed that priority dates and visa numbers will not apply to us.