Approval notice (I130), someone can explain me this letter, please

[floridadias 0]

I just got this letter (March-30) from the Immigration, someone cant explain me more....I cant understand

Was approval Notice but he is not eligible, why??

thanks

[Mononoke28 135]

What form was the approval for?

Diana

[floridadias 0]

Case Type: I 130 Immigrant petition for relative, fiance(e), or orphan

Notice type: Approval Notice

Section: Husband or wife of U.S. Citizien, 201(B) INA

What form was the approval for?

Diana

[floridadias 0]

I-797 Notice of Action

[Bobby+Umit 161]

Case Type: I 130 Immigrant petition for relative, fiance(e), or orphan

Notice type: Approval Notice

Section: Husband or wife of U.S. Citizien, 201(B) INA

What form was the approval for?

Diana

They approved your I-130, not your I-485. It says your suppose to contact the USCIS office if you believe they are eligible.

Without knowing why they denied it, hard to offer advice.

Right now, they sent your I-130 to the NVC, which will send it to where the immigrant is from, to complete the visa processing. So that means they will have to return to their home country and continue it there.

What was their status prior to filing? Visitor? VWP? what?

Edited March 30, 2009 by Bobby_Umit

[floridadias 0]

thanks.....yes, the Visa was for visitor

Case Type: I 130 Immigrant petition for relative, fiance(e), or orphan

Notice type: Approval Notice

Section: Husband or wife of U.S. Citizien, 201(B) INA

What form was the approval for?

Diana

They approved your I-130, not your I-485. It says your suppose to contact the USCIS office if you believe they are eligible.

Without knowing why they denied it, hard to offer advice.

Right now, they sent your I-130 to the NVC, which will send it to where the immigrant is from, to complete the visa processing. So that means they will have to return to their home country and continue it there.

What was their status prior to filing? Visitor? VWP? what?

[floridadias 0]

so this dont make any sense, I need to come back to my country to finish the process over there??? Im not sure about that....

[Bobby+Umit 161]

so this dont make any sense, I need to come back to my country to finish the process over there??? Im not sure about that....

Yes, since they didn't approve the AOS, since you came here as a visitor. I take it you were not married prior to getting here? Or were married, but didn't acknowledge that when you entered the POE? Which was it?

According to the rules, your not suppose to attempt to change your status from visitor, and if you do so, you will need to prove your intent was not to get married/immigrate, but to visit.

It seems you cannot prove that, so they are allowing you to continue it back home to get the correct visa for your situation.

You should consider yourself lucky, some people get bans for doing this.

You do have an opportunity to contest this though, by contacting the USCIS, but I would contact a lawyer if you go that route.

Edited March 30, 2009 by Bobby_Umit

[floridadias 0]

I wasnt married when i came to USA.....I got married long time later.

so this dont make any sense, I need to come back to my country to finish the process over there??? Im not sure about that....

Yes, since they didn't approve the AOS, since you came here as a visitor. I take it you were not married prior to getting here? Or were married, but didn't acknowledge that when you entered the POE? Which was it?

According to the rules, your not suppose to attempt to change your status from visitor, and if you do so, you will need to prove your intent was not to get married/immigrate, but to visit.

It seems you cannot prove that, so they are allowing you to continue it back home to get the correct visa for your situation.

You should consider yourself lucky, some people get bans for doing this.

You do have an opportunity to contest this though, by contacting the USCIS, but I would contact a lawyer if you go that route.

[Bobby+Umit 161]

I wasnt married when i came to USA.....I got married long time later.

so this dont make any sense, I need to come back to my country to finish the process over there??? Im not sure about that....

Yes, since they didn't approve the AOS, since you came here as a visitor. I take it you were not married prior to getting here? Or were married, but didn't acknowledge that when you entered the POE? Which was it?

According to the rules, your not suppose to attempt to change your status from visitor, and if you do so, you will need to prove your intent was not to get married/immigrate, but to visit.

It seems you cannot prove that, so they are allowing you to continue it back home to get the correct visa for your situation.

You should consider yourself lucky, some people get bans for doing this.

You do have an opportunity to contest this though, by contacting the USCIS, but I would contact a lawyer if you go that route.

Ok, not knowing the particulars of your case, I can't really say what triggered the denial. You should contact the USCIS like the letter says if you feel you are eligible to AOS. You have a short time to do so before it's too late and you will have to do it via the consulate in your home country.

Now, if your case was denied because you could not prove your "intent" on entering, then the only thing I can say is that if you came here as a "visitor", and then later were married, there is no guarantee that you will be allowed to AOS.

A lot of people thinks it's a "slam dunk" to come here as a visitor and marry, but as you may find out, it's not that "cut and dried".

Call the USCIS - find out exactly why they denied it. Then you can figure out what you can do.

Now, if I was in your shoes, I would cut my losses and return home to get the visa. But that is me...

Good luck in your journey!

[HBeach 0]

I wasnt married when i came to USA.....I got married long time later.

so this dont make any sense, I need to come back to my country to finish the process over there??? Im not sure about that....

Yes, since they didn't approve the AOS, since you came here as a visitor. I take it you were not married prior to getting here? Or were married, but didn't acknowledge that when you entered the POE? Which was it?

According to the rules, your not suppose to attempt to change your status from visitor, and if you do so, you will need to prove your intent was not to get married/immigrate, but to visit.

It seems you cannot prove that, so they are allowing you to continue it back home to get the correct visa for your situation.

You should consider yourself lucky, some people get bans for doing this.

You do have an opportunity to contest this though, by contacting the USCIS, but I would contact a lawyer if you go that route.

You were not denied!!! Did you send in form I-485 with your I-130.

Dont pay any attention to what Umet posted, she doesn't know what she is talking about.

Describe what forms you sent in and elaborate on your case. You can write in portuguese if you want. Eu falo portugues.

[christera22 8]

1st of all, if this is from B2 visa why is this in K3 forum.

2ndly it can never be true that the petition was cancelled because its B2. It can be true that the intent was not clear to USCIS. BUt how can they deny a I-485 only because he came as a visitor. Now if he has overstayed his visitor visa for long years and then married someone to stay back, then alsop they decided approval or denial at the interview stage as most overstays are excused based on bonafide marriage to USC. But all the evidence of marriage and ongoing relationship must have been attached with I-130 and it was approved. So whats wrong with I-485. There must be something wrong in the facts the OP has suggested or there is some mistake on the part of USCIS.

Was the back area of your I-94 clear and without stamp ? ...means is anything like "no AOS.... etc" stamped there ? Thats one thing that can also induce you ineligible to adjust status. Look and let us know. And how many times did you come to usa before u stayed back ?

i wd agree with Bobby .........write your entire story to us and fill your timeline. We are still in dark what really happened, how did you know your wife, how long was your overstay etc etc.

Thanks

Edited March 31, 2009 by christera22

[floridadias 0]

Thank you for answer.....

My I-94 have the stamp, I enter in USA like a visitor.....I came once in USA, before I came back and get married.

Couple months after my I-94 expire, I got marriage, and I'm marriage for about 1 year and half.

I think maybe is mising some document and they gonna ask me later, Im not sure.

I didint make the finger prints step yet. But I already send the medical exames.

What you think is happeningg??

thanks again.

1st of all, if this is from B2 visa why is this in K3 forum.

2ndly it can never be true that the petition was cancelled because its B2. It can be true that the intent was not clear to USCIS. BUt how can they deny a I-485 only because he came as a visitor. Now if he has overstayed his visitor visa for long years and then married someone to stay back, then alsop they decided approval or denial at the interview stage as most overstays are excused based on bonafide marriage to USC. But all the evidence of marriage and ongoing relationship must have been attached with I-130 and it was approved. So whats wrong with I-485. There must be something wrong in the facts the OP has suggested or there is some mistake on the part of USCIS.

Was the back area of your I-94 clear and without stamp ? ...means is anything like "no AOS.... etc" stamped there ? Thats one thing that can also induce you ineligible to adjust status. Look and let us know. And how many times did you come to usa before u stayed back ?

i wd agree with Bobby .........write your entire story to us and fill your timeline. We are still in dark what really happened, how did you know your wife, how long was your overstay etc etc.

Thanks

[christera22 8]

Ok before I reply let me clarify this once again. You are saying that at the back of your I-94 there is a stamp that says "No AOS/EOS/COS" ... Right ?? Answer this and then I can understand whats going on ...

And what do you mean by " didint make the finger prints step yet. But I already send the medical exames." You didnt have any biometrics yet ?

[Bobby+Umit 161]

Thank you for answer.....

My I-94 have the stamp, I enter in USA like a visitor.....I came once in USA, before I came back and get married.

Couple months after my I-94 expire, I got marriage, and I'm marriage for about 1 year and half.

I think maybe is mising some document and they gonna ask me later, Im not sure.

I didint make the finger prints step yet. But I already send the medical exames.

What you think is happeningg??

thanks again.

The overstay may be why they denied your AOS. Technically, according the the 485 instructions, you can't change your status if your period of authorized stay expires, which you indicated did.

You really need to contact the USCIS to find out why, and if you can provide more info. Your time is limited, so act promptly!

Good luck!