Not eligible to file an adjustment of status application

[TallyK 0]

Hi,

I'm a Brit who came over to Chicago on a visit at the end of August on the Visa Waiver, stayed, married my long-time partner (US Citizen)here in September, and applied for an I130 shortly after. Now USCIS has approved the I130 petition but the letter from them states that I'm NOT eligible to file an AOS application. I'm really puzzled here, more so after calling the USCIS helpline and being told that if I'm already in the States then I AM eligible to file for AOS. Any ideas? All help or advice would be gratefully received, thank you.

Tally.

[trillium13 84]

Since you were already both here and you stayed here, you should have filed the I130 and I485 together:

http://www.visajourney.com/forums/index.ph...page=i130guide2

Did you file only the I-130? Was it or was it not your intention when you came to the US to marry and adjust? This will come up.

As far as your next steps, I'm sure that someone will come along to tell you what's next. There have been others in this situation before. Good luck and make sure you understand all the steps and instructions!

[TallyK 0]

Since you were already both here and you stayed here, you should have filed the I130 and I485 together:

http://www.visajourney.com/forums/index.ph...page=i130guide2

Did you file only the I-130? Was it or was it not your intention when you came to the US to marry and adjust? This will come up.

As far as your next steps, I'm sure that someone will come along to tell you what's next. There have been others in this situation before. Good luck and make sure you understand all the steps and instructions!

I'm sorry, more back story would probably have been helpful. My partner and I met online and have been together around 3 years now. In that time we both visited each other frequently, and towards the middle of last year, started thinking more long-term. Initially, my now-husband was thinking of moving over to England, but the job market in his field wasn't looking at all promising, and he has a lot more family ties over here in the States than I do back in England. I came over with my 9yr old son at the end of August, to see how he liked it and he responded really well. While I was here, we had a good look at the situation and decided it would be too hard to live apart again. It had always been a struggle to leave each other at the end of a visit, and though I'm not usually an impetuous person, we decided to stay and sort through the Visa drama from this end, rather than returning home and facing months apart while we applied for a Fiancee visa from that end. We married on September 29th and filed the I130 shortly after that. We spoke at length to somebody at USCIS and was told that was what we needed to file. Which brings us to now, and the letter I received yesterday. I called USCIS yesterday afternoon and was told that I AM eligible for AOS because I'm already in the States, but that no Visa numbers are currently available. This is where I'm confused. Thanks for reading!

[milimelo 4,521]

Someone's giving you the wrong information. Since your husband is USC, all you have to do is file for AOS for yourself and your son. Have the I-130s been approved or do you have only NOA1 receipts?

[TallyK 0]

We received NOA for the I130, yes. Which, if we filed the wrong thing, why would they approve it? And what's the deal with "no Visa numbers available"? I'm confused!

[milimelo 4,521]

We received NOA for the I130, yes. Which, if we filed the wrong thing, why would they approve it? And what's the deal with "no Visa numbers available"? I'm confused!

Permanent residents do not get visa number available immediately for their spouses - normally the wait time is around 5 years. However, when a USC files a petition and it is approved, the number is immediately available.

I suggest taking what paperwork you have and getting either a consultation from an immigration lawyer or through Catholic charities - they have very good lawyers that deal with cases all the time. Have a consultation and then follow the guidline for AOS from tourist/student/visitor visa.

[TallyK 0]

Permanent residents do not get visa number available immediately for their spouses - normally the wait time is around 5 years. However, when a USC files a petition and it is approved, the number is immediately available.

I suggest taking what paperwork you have and getting either a consultation from an immigration lawyer or through Catholic charities - they have very good lawyers that deal with cases all the time. Have a consultation and then follow the guidline for AOS from tourist/student/visitor visa.

I've just spoken to USCIS again and got through to somebody really helpful this time. He told me we need to file an I45, and that would be the best way for us to proceed without me having to go back to the UK (which is a horrifying prospect). I do think you're right though, and perhaps we need to go and consult an attorney.

[milimelo 4,521]

I've just spoken to USCIS again and got through to somebody really helpful this time. He told me we need to file an I45, and that would be the best way for us to proceed without me having to go back to the UK (which is a horrifying prospect). I do think you're right though, and perhaps we need to go and consult an attorney.

I think he meant I485 - that's the form for AOS.

I'd fill out all the forms and collected all evidence (include the I-864 as well, affidavit of support and do the medicals) and then just have the attorney double check you have everything before sending in.

[TallyK 0]

I think he meant I485 - that's the form for AOS.

I'd fill out all the forms and collected all evidence (include the I-864 as well, affidavit of support and do the medicals) and then just have the attorney double check you have everything before sending in.

Presumably I have to file another for my son?

[TallyK 0]

Back again with another question. I've just printed out the I-485 form and I'm puzzled because I do not seem to meet any requirement for this. The options given for application type are:

An Immigrant Petition giving me an immediately available immigrant Visa number that has been approved (We don't have a visa number!)

My Spouse or parent applied for adjustment of status or was granted lawful permanent residence in an immigrant category that allows derivtive status for spouses and children.

I entered as a K-1 fiancee of a US citizen.

I was granted asylum.

I am a native or citizen of Cuba.

I have continuously resided in the US since before January 1, 1972

Other basis of eligibility. - Would this be the one?

[milimelo 4,521]

Presumably I have to file another for my son?

Definitely! I hope the I-130 was also filed for him back in October, if not, you must include it with the AOS ($1010 for AOS plus $355 for I-130) and have him also get a medical.

Any chance you can get your vaccination sheets from your GP in Britain? That would cut down on the number of vaccines they'll try to push on you at the medical.

[TallyK 0]

Definitely! I hope the I-130 was also filed for him back in October, if not, you must include it with the AOS ($1010 for AOS plus $355 for I-130) and have him also get a medical.

Any chance you can get your vaccination sheets from your GP in Britain? That would cut down on the number of vaccines they'll try to push on you at the medical.

Yes, we did file the I-130 for him, and he had to have extra vaccinations anyway in order to start school here. So I have his vaccination sheet and have asked my Doctor back home to send mine on.

[elmcitymaven 9,712]

Moving this to AOS from Work, Student, & Tourist Visas from AOS from Family-Based Visas as the OP entered on the VWP. Hopefully this will assist in getting more responses from others going through a similar process.

[TallyK 0]

Moving this to AOS from Work, Student, & Tourist Visas from AOS from Family-Based Visas as the OP entered on the VWP. Hopefully this will assist in getting more responses from others going through a similar process.

Thank you, I appreciate it! I'm still quite the newb.

[payxibka 10,047]

Back again with another question. I've just printed out the I-485 form and I'm puzzled because I do not seem to meet any requirement for this. The options given for application type are:

An Immigrant Petition giving me an immediately available immigrant Visa number that has been approved (We don't have a visa number!)

My Spouse or parent applied for adjustment of status or was granted lawful permanent residence in an immigrant category that allows derivtive status for spouses and children.

I entered as a K-1 fiancee of a US citizen.

I was granted asylum.

I am a native or citizen of Cuba.

I have continuously resided in the US since before January 1, 1972

Other basis of eligibility. - Would this be the one?

"A"...