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I130 approved, ineligble for I485?

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netch88

Junior Member
:confused:What is the name of your state? IL

Need an opinion on this.
On March of 05, our lawyer filed an I130 for my husband. I became a citizen last December, so on Jan 15 08 i upgraded his petition. last week, i received a NOA that the I 130 has been approved but found ineligble for AOS. Case forwarded to NVC. Where does this leads us? why is he ineligble for AOS? he came here as a tourist and overstayed. Im not sure if our lawyer before filed an I485 for him because i was only a GC holder.

PLS HELP

we cant call the NVC at this time because our receipt number is still not registered with them. they said to call back in 3 weeks
 


ImmigAttyLana

Senior Member
You should talk to your lawyer (if he knows what he is doing) because if your husband indeed entered as a tourist lawfully and overstayed, he IS eligible for AOS!

Please let me know if you have any additional questions or how I can be of further assistance to you in this matter.
 

netch88

Junior Member
I left a message with my lawyer. still waiting though if he has our i-94. I have spoken with the uscis customer service and she said, they are basing their decision on my application. I remember, when i filled up the naturaliztion form, there was a question re: my spouse status, and i dont know how to answer it, so i just wrote down that he has a petition pending. i guess i should have wrote down visitor. anyways, customer service said that based on what i was telling them, he is eligible to file for AOS.

Now my question is this, since my husband lost his i-94 can i file all the forms together, the i-102 with the 485 and the rest? or file the 102 first and when i received a copy of the i-94 then file the AOS package? DO you have any idea as to how long they process the GC? if its just 6 mos, is it worth the filing of the AOS (cost 1K) or just wait till they issue my husband's GC?

thank you so much
 

netch88

Junior Member
i did get an immigration lawyer couple of years ago when i was still an immigrant to file for my husband's i130. i upgraded the petition my self and followed up with uscis because i dont have the financial capabilities right now.

thanks for the info. i will get the i-102 and file the 485 later on! thanks!!

oh by the way, do you guys think this is the best way? file for the AOS instead of waiting for the GC to be issued by NVC?

thanks!!
 

evcalyptos

Senior Member
i did get an immigration lawyer couple of years ago when i was still an immigrant to file for my husband's i130. i upgraded the petition my self and followed up with uscis because i dont have the financial capabilities right now.

thanks for the info. i will get the i-102 and file the 485 later on! thanks!!

oh by the way, do you guys think this is the best way? file for the AOS instead of waiting for the GC to be issued by NVC?

thanks!!


The NVC does NOT issue 'green cards'.

There are two methods for becoming a Permanent Resident:

1--Application for an Immigrant Visa (when the immigrant is outside the US). The Dept of State is in charge of issuing visas. The NVC is a part of the Dept of State. The NVC collects certain parts of the visa application documents, does some prescreening and sends the approved petition and the visa application to the US Consulate in the immigrant's home country.
Once an immigrant visa is issued and the immigrant travels to the US, they are admitted in 'permanent resident' status. A Green Card, which is evidence of that status, is mailed to the immigrant in about 4 weeks.

2--Application to Adjust Status (when the immigrant is inside the US). USCIS (part of the Dept of Homeland Security--a totally different agency than State Dept) itself adjudicates (decides) if the application is valid, interviews the couple in a marriage based case and confers Permanent Resident status at approval. A Green Card is mailed to the immigrant.


Depending on how long your spouse has been out of status (the overstay) he may not want to leave the US for the Immigrant Visa route. He could incur a ban on his returning for 3 or 10 years. If you leave the I-130 with the NVC and don't do anything about this 'ineligible to adjust' business, this is the path you will be on. Danger, danger, danger.

You really need to get to the bottom of the 'ineligible for AOS' notation.
 

netch88

Junior Member
oh? thanks a lot for the info. it really helped me understand the process now.

i will worked on the AOS now and clear the ineligibilty one.

thanks!!!!
 

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