Petition Approved but Not Eligible for Adjustment of Status?

[Hypnos 6,578]

You may not have enclosed proof of lawful entry (which is required to be eligible for AoS), they might not have seen it if you did include it, or they might just have made a mistake.

[MisterEko 1]

You may not have enclosed proof of lawful entry (which is required to be eligible for AoS), they might not have seen it if you did include it, or they might just have made a mistake.

Thanks. I'll go to the InfoPass and bring current I-20 and I94. I hope they're able to fix the mistake on the spot.This is a very frustrfating and confusing process...

[CC90 90]

There might not be a mistake for them to fix. Hopefully you just file the I-485 with the approval notice.

[rojasac 0]

wait until your priotity dates become available

[Harpa Timsah 13,258]

This is standard, and even happens with spouses of USCs when they send in a stand-alone I-130. You didn't include anything like your I-94 that would show you are eligible for AOS. Obviously you are not asked for that for a I-130, but they don't have enough information to say you are eligible. For some reason they make this boilerplate letter.

I wouldn't even bother with infopass, I would send in your I-485 package now while the priority date is current. Nothing to worry about. You can find others if you use the advanced search tool.

[MisterEko 1]

This is standard, and even happens with spouses of USCs when they send in a stand-alone I-130. You didn't include anything like your I-94 that would show you are eligible for AOS. Obviously you are not asked for that for a I-130, but they don't have enough information to say you are eligible. For some reason they make this boilerplate letter.

I wouldn't even bother with infopass, I would send in your I-485 package now while the priority date is current. Nothing to worry about. You can find others if you use the advanced search tool.

Thanks, that's what I gathered so far, though I believe I did send them my I-94.

Would waiting two weeks until InfoPass hurt, you think? Priority date shouldnt change in that short period of time. I'll have all forms ready to send in the same day InfoPass is done.

[ramu2012 23]

Thanks, that's what I gathered so far, though I believe I did send them my I-94.

Would waiting two weeks until InfoPass hurt, you think? Priority date shouldnt change in that short period of time. I'll have all forms ready to send in the same day InfoPass is done.

Priority date would probably change on October 1. The october visa bulletin should be out soon so we will find out soon enough. I would start gathering documents and get a medical exam done (I-693) and get the sponsorship documents ready and get ready to file I-485.

[MisterEko 1]

Priority date would probably change on October 1. The october visa bulletin should be out soon so we will find out soon enough. I would start gathering documents and get a medical exam done (I-693) and get the sponsorship documents ready and get ready to file I-485.

Would you recommend filing everything even though USCIS said I wasn't eligible for AOS?

[ramu2012 23]

Would you recommend filing everything even though USCIS said I wasn't eligible for AOS?

I would recommend at least getting all the documentation ready. It might have been an error for USCIS to say that you are not eligible for AOS (you will obviously find out what's happening during your infopass appointment).

There are a few more people who got their cases transferred to NVC or got a RFE questioning why were they trying to do AOS (read some of the conversations here: http://www.visajourney.com/forums/topic/445225-aos-filers-happy-filing-and-keep-us-updated-on-progress/page-15).

It takes some time to get the medical exam done and from what I understand, it is valid for a year. Hence I suggested you to start getting the docs ready. Again, I am not a lawyer and my advice is only backed by what I have read/understood while going through this process Good Luck!

[Andrea&Henry 311]

Correct me if I'm wrong but your wife is not an USC, so you are not still eligible for adjust! A friend of mine who is in a similar situation (f1 visa student holder married to a green card holder) she applied 3 years ago and she is in a some sort of list waiting. She only got a work and travel permit. Only spouse if an USC can get a permanent residence right away

[CC90 90]

Correct me if I'm wrong but your wife is not an USC, so you are not still eligible for adjust!

You're wrong.

[CC90 90]

Would you recommend filing everything even though USCIS said I wasn't eligible for AOS?

Harpa is correct on this. Very rarely do these messages mean what they say. They are boilerplate and match a programmed workflow. A human does not type them each time.

If the office is close and you would feel more comfortable, you can do infopass. However, based on the info you provided, you can send in the I-485 and start.

[kari81 18]

You are not eligible for adjustment because your wife is a permanent resident. when she becomes a citizen, you can adjust your status here. Beneficiaries of GC holders are only eligible to adjust their status in their home countries or countries of residence. This has nothing to do with your F-1 status.

[CC90 90]

You are not eligible for adjustment because your wife is a permanent resident. when she becomes a citizen, you can adjust your status here. Beneficiaries of GC holders are only eligible to adjust their status in their home countries or countries of residence. This has nothing to do with your F-1 status.

This is currently not true. He can file an I-485 because a visa number is available for spouses of permanent residents (F2A).

[MisterEko 1]

You are not eligible for adjustment because your wife is a permanent resident. when she becomes a citizen, you can adjust your status here. Beneficiaries of GC holders are only eligible to adjust their status in their home countries or countries of residence. This has nothing to do with your F-1 status.

My number became current in August...

Harpa is correct on this. Very rarely do these messages mean what they say. They are boilerplate and match a programmed workflow. A human does not type them each time.

If the office is close and you would feel more comfortable, you can do infopass. However, based on the info you provided, you can send in the I-485 and start.

Thanks, I'm getting all the paperwork ready. The only issue I have is that the letter said that NVC is now handling my case and that USCIS is done with this petition...