Some help here please

[shwekhaw 0]

We did not hire attoney and did all the filing ourselves thinking we can understand them. Now I am not even sure what stage we are. Or which visa we are applying K3, CR-1, or IR-1. I see none of those visa types in the applications we filled out. So here is what we did so far.

I filed I-130 for my husband on October 6, 2005. I was still green card holder then. I got my citizenship in January 2009. I called USCIS a few days later and upgraded the status. They told me to mail over citizenship document which I did.

On March 9, 2009, we got a notice says following.

Case Type - I-130

"The above petition has been approved. The petition indicates that the person for whoom you are petitioning is in the United States and will apply for adjustment of status. The evidence indicates that he or she is not eligible to file an adjustment of status application. The 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 who 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."

Here are my questions:

Are we K-3, CR-1 or IR-1?

Why my husband is not eligible for adjustment of status?

If we go thourgh with NVC process, we have to travel back to our home country to take interview medical exam etc,

Do I have to go interview with him or he can go alone?

After interview, will he get visa right away to come back to US or he has to wait for some processsing time? If so how long?

What can I do to secure his reentry to US? Is there visa we should apply so even if there is waiting time after interview, he can come back and wait in US?

[trailmix 77]

Did you send in just the I-130, or all the forms for adjustment of status - is adjusting status what you intended?

You really need to read the guides, you can access them by clicking the guides tab at the top of the page.

You might want to start with the quick comparison of visa types: http://www.visajourney.com/forums/index.ph...mp;page=compare

Then you may want to have a look at the guide for Adjustment of Status: http://www.visajourney.com/forums/index.ph...page=i130guide2

Edited May 22, 2009 by trailmix

[YuAndDan 153]

You are IR-1.

However you have a sticky situation, if you return to home country to interview for the Visa, you will be stuck with needing to file for a waiver of the over stay.

[JERIII 8]

We did not hire attoney and did all the filing ourselves thinking we can understand them. Now I am not even sure what stage we are. Or which visa we are applying K3, CR-1, or IR-1. I see none of those visa types in the applications we filled out. So here is what we did so far.

I filed I-130 for my husband on October 6, 2005. I was still green card holder then. I got my citizenship in January 2009. I called USCIS a few days later and upgraded the status. They told me to mail over citizenship document which I did.

On March 9, 2009, we got a notice says following.

Case Type - I-130

"The above petition has been approved. The petition indicates that the person for whoom you are petitioning is in the United States and will apply for adjustment of status. The evidence indicates that he or she is not eligible to file an adjustment of status application. The 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 who 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."

Here are my questions:

Are we K-3, CR-1 or IR-1?

Why my husband is not eligible for adjustment of status?

If we go thourgh with NVC process, we have to travel back to our home country to take interview medical exam etc,

Do I have to go interview with him or he can go alone?

After interview, will he get visa right away to come back to US or he has to wait for some processsing time? If so how long?

What can I do to secure his reentry to US? Is there visa we should apply so even if there is waiting time after interview, he can come back and wait in US?

What is your husband's status in the US? How did he get here, on what Visa, etc.

[Tygrys 143]

[YuAndDan 153]

What is your husband's status in the US? How did he get here, on what Visa, etc.

Student visa still in status.

Correction: "it went out of status." I meant to write His student Visa never went out of status. He is legalling residing in US the whoel time.

http://www.visajourney.com/forums/index.ph...=198311&hl=

If your marriage has been longer than 2 years you are IR-1, and simply follow the NVC procedures to get the immigrant visa, then return home and interview for the visa. If you say has not been out of status, then the visa will be easily aquired.

FORGET K-3, it is TOO Late to file the I-129F, if you respond to the NVC you will have IMMIGRANT visa long before USCIS can approve the I-129F.

Edited May 22, 2009 by YuAndDan

[shwekhaw 0]

Did you send in just the I-130, or all the forms for adjustment of status - is adjusting status what you intended?

No we did not file anything. We just called USCIS and requested I-130 upgrade to reflect my status change from green card to citizenship. And that's how we get the notice saying petition approved and case went to NVC since he is not eligible for adjustment of status. Could it be that the reason that he is not eligible is because we did not file proper documents?

However you have a sticky situation, if you return to home country to interview for the Visa, you will be stuck with needing to file for a waiver of the over stay.

Why does he need to file waiver of the over stay? He never went out of status. It is what we are scared of. We have 2 years old and it would be very troublesome for us to stay outside US more than 2 weeks or so.

What is your husband's status in the US? How did he get here, on what Visa, etc.

He is in F-1 student status. He just graduated 2 weeks ago. So I think he is still not out of status. He never worked illegally or went out of status while he is in US to our knowledge. I am not sure what information USCIS has.

If yoru marriage is longer than 2 years...

We were married back in July of 2005

Edited May 22, 2009 by shwekhaw

[YuAndDan 153]

Did you send in just the I-130, or all the forms for adjustment of status - is adjusting status what you intended?

No we did not file anything. We just called USCIS and requested I-130 upgrade to reflect my status change from green card to citizenship. And that's how we get the notice saying petition approved and case went to NVC since he is not eligible for adjustment of status. Could it be that the reason that he is not eligible is because we did not file proper documents?

NO, you should have waited until you became a citizen and THEN filed I-130 and I-485 to adjust status.

At this point contact NVC and update them on your immigrations status you will need to send them a copy of your naturalization cert, and they will immediately assign a visa number to the case and upgrade you to IR-1

However you have a sticky situation, if you return to home country to interview for the Visa, you will be stuck with needing to file for a waiver of the over stay.

Why does he need to file waiver of the over stay? He never went out of status. It is what we are scared of. We have 2 years old and it would be very troublesome for us to stay outside US more than 2 weeks or so.

This was an assumption, assumed that spouse was here as a visitor, you needed to provide complete details in your post, like spouse is here on a valid student visa.

What is your husband's status in the US? How did he get here, on what Visa, etc.

He is in F-1 student status. He just graduated 2 weeks ago. So I think he is still not out of status. He never worked illegally or went out of status while he is in US to our knowledge. I am not sure what information USCIS has.

If yoru marriage is longer than 2 years...

We were married back in July of 2005

Then you will be IR-1 and the resulting visa when used will get a 10 year un-conditional green-card. Edited May 22, 2009 by YuAndDan

[trinket 30]

O.T -- Does Myanmar has US Consulate in the country or your husband will have to go to some other country like Thailand for the interview?

[shwekhaw 0]

In fact, our NVC case is completed and waiting for the interview date with consulate. We went through NVC process thinking interview will be in U.S. When we found out that we have to travel back to our country, we panic. I am in the middle of clinical rotation for my physician assistant program and I cannot take leave for next 8 months or so. I still yet to call embassy in Myanmar to find out if I am need at the interview. Moreover, although I am US citizen now, I rather not go back there or ask my husband to go back if possible due to my political background. So we are trying to find out if we can do adjustment of status if possible. We have infopass appointment on 26th.

O.T -- Does Myanmar has US Consulate in the country or your husband will have to go to some other country like Thailand for the interview?

Yes Myanmar has US consulate.

[Lisa n Ola 0]

We did not hire attoney and did all the filing ourselves thinking we can understand them. Now I am not even sure what stage we are. Or which visa we are applying K3, CR-1, or IR-1. I see none of those visa types in the applications we filled out. So here is what we did so far.

I filed I-130 for my husband on October 6, 2005. I was still green card holder then. I got my citizenship in January 2009. I called USCIS a few days later and upgraded the status. They told me to mail over citizenship document which I did.

On March 9, 2009, we got a notice says following.

Case Type - I-130

"The above petition has been approved. The petition indicates that the person for whoom you are petitioning is in the United States and will apply for adjustment of status. The evidence indicates that he or she is not eligible to file an adjustment of status application. The 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 who 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."

Here are my questions:

Are we K-3, CR-1 or IR-1?

Why my husband is not eligible for adjustment of status?

If we go thourgh with NVC process, we have to travel back to our home country to take interview medical exam etc,

Do I have to go interview with him or he can go alone?

After interview, will he get visa right away to come back to US or he has to wait for some processsing time? If so how long?

What can I do to secure his reentry to US? Is there visa we should apply so even if there is waiting time after interview, he can come back and wait in US?

Im sure everything is going to be fine with ur hubby,im praying for u

[shwekhaw 0]

On March 9, 2009, we got a notice says following.

Case Type - I-130

"The above petition has been approved. The petition indicates that the person for whoom you are petitioning is in the United States and will apply for adjustment of status. The evidence indicates that he or she is not eligible to file an adjustment of status application. The 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 who 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."

We saw immigration officer through infopass. We explained everything including that we do not believe my husband was ever out of status during his stay in the U.S. Also, the difficulties with going back to our home country to take interview. (We heard from our acquaitences that people, who were asked to go back to home country to go through interview to get Visa, usually do not get Visa for a year or two.) He does not know the details why my husband was not eligible for AOS. I am afraid the cause of problem won't be revealed to my husband until the interview time and delayed his reentry to US for several monohts to years.

Anyway, officer told us that he will request I-130 back from NVC. He asked us to write down a statement verifying my husband case and why we cannot go through NVC process. He said after he get the file back from NVC, he will give it to his supervisor in the "backroom" and have it reviewed. He told us that we will get a letter in the mail and to follow up with him back if we got no update within 90 days.

We are thinking of waiting a month or so and talk to lawyer if we hear nothing. Or should we contact lawyer right away? Another thing is that my Husband F1 student visa will expire soon since he just graduated from school about 3 weeks ago.

Edited May 26, 2009 by shwekhaw

[cHiQy 1]

We're almost in the same track shwekhaw.

I came here in the US as F1 student. My husband and I got married in 2007.

He was a LPR back then when he filed the I-130,I-485,I-765 for me in March 2008.

We only got a receipt notice for the I-130 since then.

He became a naturalized US citizen last Tuesday and called the USCIS yesterday to upgrade the I-130.

The representative just gave him a confirmation number and told him to wait until 40days.

We also did sent a packet yesterday through mail to VSC and NVC to make sure.

It contains a Cover Letter requesting to upgrade the I-130,I-485, and I-765, plus a copy of the I-130 receipt notice, and a copy of my husband's naturalization certificate.

Hopefully it won't have a problem..

I'll let you know what will happen next.

Edited June 4, 2009 by cHiQy