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Fridaythe22nd

I-130 Approval Notice but not eligable for AOS?

By Fridaythe22nd in Adjustment of Status from Work, Student, & Tourist Visas

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Harpa Timsah Grand Master

Harpa Timsah   13,258

Posted
Filed: Lift. Cond. (apr) Country: Israel
 Timeline
Posted

Maybe they think that she visited with the intentions of adjustting her status based on the time frame of her visit and filing. An info pass would hurt though. I can't think of another reason why she wouldn't be eligible if she's the spouse of a USC.

No, that's not it. It sounds like a canned message. it says "based on the evidence submitted" or something, and you didn't send such documents with the I-130. Maybe it's just that you didn't send in the paperwork for AOS, but I wouldn't worry about it. I might try to talk to a Tier 2 officer on the phone or make infopass, but they cannot and won't make a decision like that without actually receiving an application for it.

AOS for my husband
8/17/10: INTERVIEW DAY (day 123) APPROVED!!

ROC:
5/23/12: Sent out package
2/06/13: APPROVED!

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Hypnos
Hypnos

Making an Infopass appointment is probably your best bet to getting an answer. I suspect it's an error on their part.

DandT14
DandT14

They're not going to deny her for that suspicion, without even an interview. And if it happens "all the time", I'd like to see examples.

ceadsearc
ceadsearc

Oh! Ok, yes. I thought you were saying she would have trouble because she entered the country illegally.

Fridaythe22nd Apprentice

Fridaythe22nd   0

Posted
Filed: AOS (pnd) Country: Thailand
 Timeline
  • Author
Posted

On the I-130 it asks for her address abroad ( c-19 ) , address where she intends to live ( c-18 ), and address ( c-2 ). Obviously I put the foreign address in c-19. I put our current California address in both c-18 and c-2.

Thanks for any other ideas.

U.S. Citizen

2001 Met wife overseas

2003 Had child overseas ( now U.S. citizen )

2006 Married overseas

2007 Wife obtained tourist visa to U.S.

2007 Visited U.S. for 6 months then returned overseas.

04/24/12 - Visited U.S.

05/31/12 - Filed I-130

06/07/12 - NOA for I-130 received.

07/13/12 - Filed I-485 / I-765

07/19/12 - NOA for I-485 received

07/19/12 - NOA for I-765 received

08/02/12 - NOA Biometrics letter received, biometrics scheduled for 8/30/12

08/06/12 - NOA I-130 Petition Approved ( but says not eligible for adjustment of status ?? )

Hypnos Grand Master

Hypnos   6,576

Posted
Filed: Citizen (apr) Country: United Kingdom
 Timeline
Posted

Making an Infopass appointment is probably your best bet to getting an answer.

I suspect it's an error on their part.

Widow/er AoS Guide | Have AoS questions? Read (some) answers here

 

AoS

Day 0 (4/23/12) Petitions mailed (I-360, I-485, I-765)
2 (4/25/12) Petitions delivered to Chicago Lockbox
11 (5/3/12) Received 3 paper NOAs
13 (5/5/12) Received biometrics appointment for 5/23
15 (5/7/12) Did an unpleasant walk-in biometrics in Fort Worth, TX
45 (6/7/12) Received email & text notification of an interview on 7/10
67 (6/29/12) EAD production ordered
77 (7/9/12) Received EAD
78 (7/10/12) Interview
100 (8/1/12) I-485 transferred to Vermont Service Centre
143 (9/13/12) Contacted DHS Ombudsman
268 (1/16/13) I-360, I-485 consolidated and transferred to Dallas
299 (2/16/13) Received second interview letter for 3/8
319 (3/8/13) Approved at interview
345 (4/3/13) I-360, I-485 formally approved; green card production ordered
353 (4/11/13) Received green card

 

Naturalisation

Day 0 (1/3/18) N-400 filed online

Day 6 (1/9/18) Walk-in biometrics in Fort Worth, TX

Day 341 (12/10/18) Interview was scheduled for 1/14/19

Day 376 (1/14/19) Interview

Day 385 (1/23/19) Denied

Day 400 (2/7/19) Denial revoked; N-400 approved; oath ceremony set for 2/14/19

Day 407 (2/14/19) Oath ceremony in Dallas, TX

Karee Grand Master

Karee   4,190

Posted
Filed: Citizen (apr) Country: Thailand
 Timeline
Posted

Taking a stab in the dark here. Looking at the timeline it looks like she entered on a tourist visa with the intent to stay here, which they don't like. It happens all the time.

You can click on the 'X' to the right to ignore this signature.

DandT14 Rising Star

DandT14   272

Posted
Filed: AOS (apr) Country: Canada
 Timeline
Posted

Taking a stab in the dark here. Looking at the timeline it looks like she entered on a tourist visa with the intent to stay here, which they don't like. It happens all the time.

They're not going to deny her for that suspicion, without even an interview.

And if it happens "all the time", I'd like to see examples.

AOS

5/16/2012 - Package delivered to Chicago Lockbox at 1:33pm

5/21/2012 - Email/text notifications received at 4:50 p.m.

5/26/2012 - NOA hard copies received for I-130, I-485 and I-765

6/19/2012 - Biometrics completed.

7/02/2012 - Text/email/hard copy notification of interview.

7/30/2012 - EAD card production ordered.

8/02/2012 - Interview @ 2:00

8/02/2012 - Email notification of GC production at 5:30pm

8/07/2012 - Second GC production email

8/07/2012 - EAD received.

8/08/2012 - GC mailed.

8/09/2012 - Welcome letter and I-130 approval letter received.

8/10/2012 - Green card received. :)

Dakine10 Mentor

Dakine10   5,452

Posted
Filed: Other Country: Russia
 Timeline
Posted

Yes I did send in the marriage certificate as well as translations ( certified ). I will look into the InfoPass. Thanks!

Did you send a copy of the B2/I-94 with the I-130 or did you just fill it out on the form? They may just be indicating they don't have any physical evidence of her eligibility to adjust status.

QCjgyJZ.jpg

ceadsearc Proficient

ceadsearc   516

Posted
Filed: Lift. Cond. (apr) Country: Bolivia
 Timeline
Posted

with the only exception that she entered without visa.

What? She didn't EWI. She came on a tourist visa.

OUR TIMELINE

I am the USC, husband is adjusting from B2.

ADJUSTMENT OF STATUS

08.06.2010 - Sent off I-485
08.25.2010 - NOA hard copies received (x4), case status available online: 765, 131, 130.
10.15.2010 - RFE received: need 2 additional photos for AP.
10.18.2010 - RFE response sent certified mail
10.21.2010 - Service request placed for biometrics
10.25.2010 - RFE received per USCIS
10.26.2010 - Text/email received - AP approved!
10.28.2010 - Biometrics appointment received, dated 10/22 - set for 11/19 @ 3:00 PM
11.01.2010 - Successful biometrics walk-in @ 9:45 AM; EAD card sent for production text/email @ 2:47 PM! I-485 case status now available online.
11.04.2010 - Text/Email (2nd) - EAD card sent for production
11.08.2010 - Text/Email (3rd) - EAD approved
11.10.2010 - EAD received
12.11.2010 - Interview letter received - 01.13.11
01.13.2011 - Interview - no decision on the spot
01.24.2011 - Approved! Card production ordered!

REMOVAL OF CONDITIONS

11.02.2012 - Mailed I-751 packet to VSC
11.08.2012 - Checks cashed
11.10.2012 - NOA1 received, dated 11.06.2012
11.17.2012 - Biometrics letter received for 12.05.2012
11.23.2012 - Successful early biometrics walk-in

05.03.2013 - Approved! Card production ordered!

CITIZENSHIP

Filing in November 2013

Karee Grand Master

Karee   4,190

Posted
Filed: Citizen (apr) Country: Thailand
 Timeline
Posted

They're not going to deny her for that suspicion, without even an interview.

And if it happens "all the time", I'd like to see examples.

Look here. There's a whole forum dedicated to it:

http://www.visajourney.com/forums/forum/130-adjustment-of-status-from-work-student-tourist-visas/

You can click on the 'X' to the right to ignore this signature.

ValerieA Experienced

ValerieA   350

Posted
Filed: Lift. Cond. (apr) Country: Canada
 Timeline
Posted

Look here. There's a whole forum dedicated to it:

http://www.visajourn...-tourist-visas/

Um, yeah, that is the forum this topic is posted in. Again, show us examples. Give us a link to an actual THREAD that has someone who was denied, without having serious negative factors in their case. Even if intent was a factor, which I doubt it was in the OP's case, it is not used to deny AOS unless there are serious other negative factors.

This forum is filled with people (like me) who adjusted just fine on a B-2 visa.

Post on Adjudicators's Field Manual re: AOS and Intent: My link
Wedding Date: 06/14/2009
POE at Pearson Airport - for a visit, did not intend to stay - 10/09/2009
Found VisaJourney and created an account - 10/19/2009

I-130 (approved as part of the CR-1 process):
Sent 10/01/2009
NOA1 10/07/2009
NOA2 02/10/2010

AOS:
NOA 05/14/2010
Interview - approved! 07/29/10 need to send in completed I-693 (doctor missed answering a couple of questions) - sent back same day
Green card received 08/20/10

ROC:
Sent 06/01/2012
Approved 02/27/2013

Green card received 05/08/2013

ValerieA Experienced

ValerieA   350

Posted
Filed: Lift. Cond. (apr) Country: Canada
 Timeline
Posted

OP, a shot in the dark here - at no point did your wife leave the US after filing the I-485, did she? It doesn't seem like there has been time, but I am very confused by them putting that on your I-130.

Post on Adjudicators's Field Manual re: AOS and Intent: My link
Wedding Date: 06/14/2009
POE at Pearson Airport - for a visit, did not intend to stay - 10/09/2009
Found VisaJourney and created an account - 10/19/2009

I-130 (approved as part of the CR-1 process):
Sent 10/01/2009
NOA1 10/07/2009
NOA2 02/10/2010

AOS:
NOA 05/14/2010
Interview - approved! 07/29/10 need to send in completed I-693 (doctor missed answering a couple of questions) - sent back same day
Green card received 08/20/10

ROC:
Sent 06/01/2012
Approved 02/27/2013

Green card received 05/08/2013

Harpa Timsah Grand Master

Harpa Timsah   13,258

Posted
Filed: Lift. Cond. (apr) Country: Israel
 Timeline
Posted

FWIW, I have seen that notice before and people asking about it. I don't remember exactly where in in those instances, so I can't compare. but from what I remember from all of them, it was simply a canned message.

AOS for my husband
8/17/10: INTERVIEW DAY (day 123) APPROVED!!

ROC:
5/23/12: Sent out package
2/06/13: APPROVED!

ceadsearc Proficient

ceadsearc   516

Posted
Filed: Lift. Cond. (apr) Country: Bolivia
 Timeline
Posted

sorry, what i meant was she will be TOTALLY ok to file AOS.

Oh! Ok, yes. I thought you were saying she would have trouble because she entered the country illegally.

OUR TIMELINE

I am the USC, husband is adjusting from B2.

ADJUSTMENT OF STATUS

08.06.2010 - Sent off I-485
08.25.2010 - NOA hard copies received (x4), case status available online: 765, 131, 130.
10.15.2010 - RFE received: need 2 additional photos for AP.
10.18.2010 - RFE response sent certified mail
10.21.2010 - Service request placed for biometrics
10.25.2010 - RFE received per USCIS
10.26.2010 - Text/email received - AP approved!
10.28.2010 - Biometrics appointment received, dated 10/22 - set for 11/19 @ 3:00 PM
11.01.2010 - Successful biometrics walk-in @ 9:45 AM; EAD card sent for production text/email @ 2:47 PM! I-485 case status now available online.
11.04.2010 - Text/Email (2nd) - EAD card sent for production
11.08.2010 - Text/Email (3rd) - EAD approved
11.10.2010 - EAD received
12.11.2010 - Interview letter received - 01.13.11
01.13.2011 - Interview - no decision on the spot
01.24.2011 - Approved! Card production ordered!

REMOVAL OF CONDITIONS

11.02.2012 - Mailed I-751 packet to VSC
11.08.2012 - Checks cashed
11.10.2012 - NOA1 received, dated 11.06.2012
11.17.2012 - Biometrics letter received for 12.05.2012
11.23.2012 - Successful early biometrics walk-in

05.03.2013 - Approved! Card production ordered!

CITIZENSHIP

Filing in November 2013

DandT14 Rising Star

DandT14   272

Posted
Filed: AOS (apr) Country: Canada
 Timeline
Posted

There's a whole forum dedicated to people who got denied?

You're not making any sense.

The vast majority are approved.

AOS

5/16/2012 - Package delivered to Chicago Lockbox at 1:33pm

5/21/2012 - Email/text notifications received at 4:50 p.m.

5/26/2012 - NOA hard copies received for I-130, I-485 and I-765

6/19/2012 - Biometrics completed.

7/02/2012 - Text/email/hard copy notification of interview.

7/30/2012 - EAD card production ordered.

8/02/2012 - Interview @ 2:00

8/02/2012 - Email notification of GC production at 5:30pm

8/07/2012 - Second GC production email

8/07/2012 - EAD received.

8/08/2012 - GC mailed.

8/09/2012 - Welcome letter and I-130 approval letter received.

8/10/2012 - Green card received. :)

 
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