Had interview for AOS but just got i130 saying I am not eligible!??!! Confused!!

[shristighimire 0]

Hi everybody,

I had my interview for AOS based on marriage on the 5th of February. However, I got a i797 NOA for my i130 which I had filed concurrently on the 9th of February saying that I was not eligible to apply for AOS at this time.

I am so confused. Is this normal? If I can't even apply for AOS then how come they accepted my application, sent me a notice of action in October for the i485, I got my EAD in October and I already had my interview. I am so confused. Has this happened to anyone before?

Please help. I am panicking right now..

here's the picture of the notice i received on the 9th of feb.

[shell20 746]

Hi everybody,

I had my interview for AOS based on marriage on the 5th of February. However, I got a i797 NOA for my i130 which I had filed concurrently on the 9th of February saying that I was not eligible to apply for AOS at this time.

I am so confused. Is this normal? If I can't even apply for AOS then how come they accepted my application, sent me a notice of action in October for the i485, I got my EAD in October and I already had my interview. I am so confused. Has this happened to anyone before?

Please help. I am panicking right now..

here's the picture of the notice i receivedhhh.png on the 9th of feb.

Need more details. Did you apply last year for AOS? Did you come over on a K1 visa? Is your medical record up to date?

[shristighimire 0]

i applied in August of 2014, I am currently on an F1 visa and am at school. Yes, my medical record is up to date and I have submitted the i-693 with my application.

[kzielu 1,149]

Hi everybody,

I had my interview for AOS based on marriage on the 5th of February. However, I got a i797 NOA for my i130 which I had filed concurrently on the 9th of February saying that I was not eligible to apply for AOS at this time.

I am so confused. Is this normal? If I can't even apply for AOS then how come they accepted my application, sent me a notice of action in October for the i485, I got my EAD in October and I already had my interview. I am so confused. Has this happened to anyone before?

Please help. I am panicking right now..

here's the picture of the notice i receivedhhh.png on the 9th of feb.

Is your spouse US citizen ? Picture of the notice doesn't show anything other than standard notes...

[shristighimire 0]

Yes. He is a US citizen. He grew up in Nepal and that's where we met.

[Villanelle 4,122]

Your dates are still not making sense

You are saying you got a i797 NOA for my i130on 9th of February- which I had filed concurrently (when??? back in August of 2014?)

And that you had your I had my interview (based on marriage) for AOS on the 5th of February. BEFORE your 130 was approved??

[shristighimire 0]

I filed the i485 and i765, i130 all in August of 2014.

Got my biometrics appointment in September 2014

Got EAD in October 2014

Interview Notice Jan 5th 2015

Interview Feb 5th 2015

Received notice that i130 was approved but not eligible to apply to AOS at this time on the 9th of Feb

so yes, after the interview.

[shristighimire 0]

I must also mention that my interview scheduling was taking really long so I went to the local USCIS office in Long Island City on the 5th of Jan 2015. The officer there told me that everything was in order and I should get my interview notice soon. Following that, i received the interview appointment letter on the same day.

It's very confusing.

[Villanelle 4,122]

Yes this is very unique and confusing.

First thing that pops up is what kz asked you if your spouse is a USC or not. If he wasnt- then your 130 would get approved and youd have to wait for a priority date to do the aos. You say he is, so that scenario is out.

So when you sent in all your stuff back in Aug, do you remember getting and NOAs? Or just the bio appt letter and then the EAD card. Because technically you were suppose to get your 130 approval first.

Looks like someone may have been training on your case and messed up a bit in how they processed it. I would say hold off on the panic unless you dont get your GC or the online status changes to denied or something like that.

Because the 130 being processed now and saying you are not eligible to apply can happen for many reasons. One of them being you are already a conditional permanent resident. None of the other reasons for that wording would apply to you.

IF for some reason your card does not come through because they mis-processed the forms- do not just take it lying down and repay/refile blindly. Go back to the local office in person, ask for help- preferably nicely and talk with someone knowledgeable and in power. It was their error. They almost always make good on their errors. Its not immediate fixes, but they will fix it. You may have to fill out an appeal form or fill out a new packet but it wont cost you and it should be expedited in some way.

So I would give it about a week or so, your interview was on the 5th, the 130 was processed on the 9th, if you dont hear about your card in the next week or so go down there. I dont know what kind of infopass bookings they have- maybe make on now and you can cancel it if its not needed. If you dont have the card or a decision hasnt been made on it- be proactive you can ask whats going on and if they give you dull blank answers then you can be blunt and say hey I know you guys f'd up here. I got this 130 noa after my 485 approval. what are we all going to do now. Are you going to give me the card? a denial?

[shristighimire 0]

I got an NOA with the reciept number for my I485 after I filed, then I got the biometrics appointment letter and then the EAD, followed by the notice for the interview.

That's it. Never got an NOA for i130 before the interview.

Thanks for all your help. I am going to wait a few days and proceed as you have suggested. Thanks!

[Pitaya 2,577]

~Moved from Fam.-based AOS to WST-based AOS Forum~

~Adjusting from student visa~

[dwheels76 5,468]

Hi everybody,

I had my interview for AOS based on marriage on the 5th of February. However, I got a i797 NOA for my i130 which I had filed concurrently on the 9th of February saying that I was not eligible to apply for AOS at this time.

I am so confused. Is this normal? If I can't even apply for AOS then how come they accepted my application, sent me a notice of action in October for the i485, I got my EAD in October and I already had my interview. I am so confused. Has this happened to anyone before?

Please help. I am panicking right now..

here's the picture of the notice i receivedhhh.png on the 9th of feb.

How long have you been in the US on a F1 Visa, You say your Husband also is from Nepal. How long has he been here?Is he a US citizen? Are you in good standing (Your I-20 at school and all SEVIS all that)?

[shristighimire 0]

He is a US citizen with a passport and he just grew up in Nepal. He went to college here and now is in grad school. Yes, I am in good standing. I took a semester off so my SEVIS was terminated but I got a new i20 and got a new SEVIS number before I came back to the US in July, and entered on an F1 status. If they let me in, there should not have been any problems in my status. I spoke to people at my school and they told me that my visa status has not been violated, and that I should be fine. I am in my final semester of a four year college.

[shristighimire 0]

Guys! I haven't heard anything from them and its been over a week. The reason that I am confused is that my status keeps saying that the my i130 case was approved by USCIS and sent to the appropriate appellate for review. The only place that comes to my mind is the NVC, but if I am already in the US (which they acknowledge in the i130 approval), why would my case be sent to the NVC.

Please help!!

[AnotherLostSoul 167]

There's not much we can help here any longer. You're better off making an infopass and go find out there what is going on instead of wasting your time here. It seems there's some sort of glitch in the system, or someone messed up something...we really cannot help you here anymore. All the best!