Tweet
I submitted the petition for my wife, who hold H1B working in US. We plan to do AOS rather than consular processing, since she never overstayed and her H1B wont expire when it becomes curreent.
I-130 just got approved. However in the 797 from USCIS, it said
"1, the beneficiary is within US"
"2, Evidence indicates that he/she is not eligible to AOS"
"3, my case was sent to NVC for consular processsing"
And one of my friends has exactly the same case as mine. but on his i797, it states: "The petition indicates that the person for whom you are petitioning is in the United States and will apply for adjustment of status. The information submitted with the petition shows that the person for whom you are petitioning is not eligible to file an adjustment of status application at this time.
....
Until the person for whom you are petitioning files an adjustment application, or applies for an immigrant visa, this approved petition will be stored in this office. If the person for whom you are petitioning becomes eligible to adjust status based on this petition, he or she should submit a copy of this notice with Form I-485, Application for Permanent Residence. "
So my question are:
1, my wife is now in US and can legally stay until current. Why does USCIS send the case to NVC for consular processing.
2, I read on NVC website. It says NVC will send applicant a letter a few months before it becomes current to ask applicant if they want to do AOS in US rather than consular processing.
But did not say anything about what I should do after that, file i-485 to USCIS or anything else.
3, I know there is a form I824 for switching from CP to AOS. But is there anyway for us to switch it from CP back to AOS, or send the case back to USCIS in another word.
sorry for my long post, since online info is really confusing me.
And I really appreciate any comments or advices.
Thanks a lot at advance.
I-130 just got approved. However in the 797 from USCIS, it said
"1, the beneficiary is within US"
"2, Evidence indicates that he/she is not eligible to AOS"
"3, my case was sent to NVC for consular processsing"
And one of my friends has exactly the same case as mine. but on his i797, it states: "The petition indicates that the person for whom you are petitioning is in the United States and will apply for adjustment of status. The information submitted with the petition shows that the person for whom you are petitioning is not eligible to file an adjustment of status application at this time.
....
Until the person for whom you are petitioning files an adjustment application, or applies for an immigrant visa, this approved petition will be stored in this office. If the person for whom you are petitioning becomes eligible to adjust status based on this petition, he or she should submit a copy of this notice with Form I-485, Application for Permanent Residence. "
So my question are:
1, my wife is now in US and can legally stay until current. Why does USCIS send the case to NVC for consular processing.
2, I read on NVC website. It says NVC will send applicant a letter a few months before it becomes current to ask applicant if they want to do AOS in US rather than consular processing.
But did not say anything about what I should do after that, file i-485 to USCIS or anything else.
3, I know there is a form I824 for switching from CP to AOS. But is there anyway for us to switch it from CP back to AOS, or send the case back to USCIS in another word.
sorry for my long post, since online info is really confusing me.
And I really appreciate any comments or advices.
Thanks a lot at advance.
Comment