I 130 approved but not eligible of AOS?

[michael_chen217 0]

Hi guys

I just got my I 130 approved on Oct 30 th, but claiming that I am not eligible for AOS. (Indeed I am, the visa is available and on my I 485 the priority date is Sep 15 th)

However, at the same time, the I 485 I submitted had been viewed and the officer already set up an appointment for interview on December (visa available).

And I call the NVC today ask them to transfer the file back to USCIS, they said it might take up to 8 weeks for receiving my materials.

Very confusing at this point.

If you could, please share your experience with me!

Any inputs are greatly appreciated!

Best

[NigeriaorBust 4,087]

so if the file isn't back in time for the interview no interview. Probably faster to go home at this point

[john.smith 5]

Hi guys

I just got my I 130 approved on Oct 30 th, but claiming that I am not eligible for AOS. (Indeed I am, the visa is available and on my I 485 the priority date is Sep 15 th)

However, at the same time, the I 485 I submitted had been viewed and the officer already set up an appointment for interview on December (visa available).

And I call the NVC today ask them to transfer the file back to USCIS, they said it might take up to 8 weeks for receiving my materials.

Very confusing at this point.

If you could, please share your experience with me!

Any inputs are greatly appreciated!

Best

Which kind of visa - status did you hold at the time you submitted I-485?

I am guessing that you came to the States under VWP, meaning that you are not eligible to adjust your status since you married a gc hold - not a us citizen.

Edited November 6, 2013 by john.smith

[michael_chen217 0]

F1.

Actually if there is a visa available then it does not matter if it's a GCH or Citizen.

[michael_chen217 0]

so if the file isn't back in time for the interview no interview. Probably faster to go home at this point

I guess probably just the system is wrong.

Because the first thing they do when I submitted the I 485 is to check if I am eligible for the AOS.

[john.smith 5]

you are fine. most probably it is some error in their system. doing AOS from F1 is doable and many people adjust their status from F1.

[michael_chen217 0]

you are fine. most probably it is some error in their system. doing AOS from F1 is doable and many people adjust their status from F1.

Thank you for your help

[michael_chen217 0]

anyone with similar experience?

Please share

thank you