I130 approved but no elegible to AOS

[LMWG 0]

Hello,

My husband is US citizen and we filed i130 and AOS separately. I´m leaving in US currently.

Last week I received my AOS interview for next month. BUT today I receive de I130 NOA2 approval stating this:

"The above petition has been approved. The petition indicates that the person for whom you are petitioning is in the United States and will apply for adjust
of status. The evidence indicates the he or she is not eligible to file an adjustment of status application. This determination is based on the information submitted
with the petition and any relating files. If the person for whom you are petitioning believes that he or she is eligible for adjustment of status, then he or she
should contact the local USCIS office for more information. Because the person for whom you are petitioning is not eligible to adjust, we have sent the approved
petition to the Department of State National Visa Center (NVC), 32 Rochester Avenue, Portsmouth, NH 03801-2909. NVC processes all approved immigrant visa which
consular post is the appropriate consulate to complete visa processing. NVC will then forward the approved petition to that consulate.

I´m very confuse and I don´t know if this is because we file separately or anything else.

Somebody with the same situation or previews experience??

[Hypnos 6,576]

Take it to your interview, but it likely means nothing, and is just a holdover from filing the I-130 and I-485 separately.

[C8787 2]

It's because the 130 doesn't grant status (as it's meant for spouses living outside of the country), so your being in the country is not lawful (assuming you haven't got a visa currently).

Being that you're in the country, it will likely be overlooked at the AOS interview. There's a chance you'll need a waiver if you've accrued unlawful presence, but you can stay in US while processing if even needed.

Standard reply if you're stateside when filing 130. Nothing to fret about yet.

[Hypnos 6,576]

OP has filed an I-485, so are considered to be in a period of legal presence.

Not sure where you are pulling the waiver stuff from, as the OP made no mention of anything like that.

[C8787 2]

OP has filed an I-485, so are considered to be in a period of legal presence.

Not sure where you are pulling the waiver stuff from, as the OP made no mention of anything like that.

I said it's a standard reply when 130 is filed separately from 485 and beneficiary is stateside, as 130 doesn't grant any kind of status. Yes, no unlawful presence accrued when 485 filed, but there was a period before 485 was filed so, depending on visa, there may or may not be a need for waiver any unlawful presence - IF any.

[Hypnos 6,576]

No waiver is needed if any bar due to unlawful presence has yet to be triggered, regardless of the length of overstay.

[LMWG 0]

Hi,

thanks everyone, What's OP? I filled the I485 before my B2 visa so I think I don't have unlawful presence.

And I also think maybe is a standard reply, but I called USCIS and they said they DONT KNOW... so, I'll have to make the trip to the office field.

[C8787 2]

Hi,

thanks everyone, What's OP? I filled the I485 before my B2 visa so I think I don't have unlawful presence.

And I also think maybe is a standard reply, but I called USCIS and they said they DONT KNOW... so, I'll have to make the trip to the office field.

OP is original poster, so you

If you filed before B2 you shouldn't have an issue. Your AOS process is in progress, so nothing to worry about.

[LMWG 0]

OP is original poster, so you

If you filed before B2 you shouldn't have an issue. Your AOS process is in progress, so nothing to worry about.

Thanks!! That's what I though, I'm just wondering if I should ignore it and go to the interview or go to my office field and make sure everything is in order

[Hypnos 6,576]

As I said, I would take it to your interview but that would be all. It's likely going to be a non-issue.