Not eligable to file an adjustment of status

[asais777]

Hi all.
I did from I-130 for my wife with all necessary paperwork and additions.
I just received form I-797 and it is saying.
"Petition has been approved. The petition indicates that the person for whom you are petitioning is in the United States and will apply for adjustment status. The evidence indicates that he or she is not eligible for to file an adjustment status of application. This determination is based on the information submitted with the petition and any relating files. if the person for whom you are petitioning believes that he or she is eligible for adjustment of status then he or she should contact local USCIS office for more information."
They sent all paperwork now to National Visa Center and we need to proceed trough them.
Now according to National Visa Center, after all paperwork is submitted she needs to leave country and do interview in her home county Costa Rica.

We live together, we have 2 kids both of them born here, we are married for past 6 months.

What can be done so she can get visa or adjustment of her status without leaving country?

Thanks a bunch

[natealbania]

Not eligable to file an adjustment of status

If he she has and enter United States illegally you need to get a lawyer a good one to you cant do it on your one

[rayb]

With what visa type did your wife originally enter the U.S.?

--Ray B

Hi all.
I did from I-130 for my wife with all necessary paperwork and additions.
I just received form I-797 and it is saying.
"Petition has been approved. The petition indicates that the person for whom you are petitioning is in the United States and will apply for adjustment status. The evidence indicates that he or she is not eligible for to file an adjustment status of application. This determination is based on the information submitted with the petition and any relating files. if the person for whom you are petitioning believes that he or she is eligible for adjustment of status then he or she should contact local USCIS office for more information."
They sent all paperwork now to National Visa Center and we need to proceed trough them.
Now according to National Visa Center, after all paperwork is submitted she needs to leave country and do interview in her home county Costa Rica.

We live together, we have 2 kids both of them born here, we are married for past 6 months.

What can be done so she can get visa or adjustment of her status without leaving country?

Thanks a bunch

[asais777]

With what visa type did your wife originally enter the U.S.?

--Ray B

She entered regular tourist visa. that was good for 6 months. I'm not sure anymore which one. Her passport with actual visa got stolen very long time ago. So she entered legally.

[rayb]

There had to have been something on your I-130, or absent from your I-130, that caused USCIS to tell you that your wife was not eligible to be adjusted. It might have been the absence of proof of your wife entering the U.S. legally (copy of visa, copy of I-94).

--Ray B

She entered regular tourist visa. that was good for 6 months. I'm not sure anymore which one. Her passport with actual visa got stolen very long time ago. So she entered legally.

[asais777]

There had to have been something on your I-130, or absent from your I-130, that caused USCIS to tell you that your wife was not eligible to be adjusted. It might have been the absence of proof of your wife entering the U.S. legally (copy of visa, copy of I-94).

--Ray B

OK. That would make sense. Her old passport with Visa have been stolen and we don't have any copies or any other proof left of its existence. Does anyone knows how to recover them?

[rayb]

Start by download an I-94 history of her entries to the U.S., from:

https://i94.cbp.dhs.gov/I94/request.html

--Ray B

OK. That would make sense. Her old passport with Visa have been stolen and we don't have any copies or any other proof left of its existence. Does anyone knows how to recover them?