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  • i130

    I recently recevied an approval of I-130 but the letter contains that my husband is not able to adjust his status and our file got transferred to NVC. I'm assuming it's because of my husband's entry without an inspection. I know he is not eligible for I-485. Since our paper work got transferred to NVC, do you know if we'll hear anything from NVC or is it only for the people who have filed for I-485 will hear from them for an interview? Please help. Any answer will be a great help. Thank you so much for your time and consideration.

  • #2
    I recently recevied an approval of I-130 but the letter contains that my husband is not able to adjust his status and our file got transferred to NVC. I'm assuming it's because of my husband's entry without an inspection. I know he is not eligible for I-485. Since our paper work got transferred to NVC, do you know if we'll hear anything from NVC or is it only for the people who have filed for I-485 will hear from them for an interview? Please help. Any answer will be a great help. Thank you so much for your time and consideration.

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    • #3
      I-485 does not go to NVC, but to local office for an interview for adjustment of status.

      You are right - since your husband entered without inspection, he is not eligible to adjust status in the USA (unless he is covered by 245i ->was petitioned before april 2001).

      NVC hadles petitions where beneficiaries have to go through consular processing.

      Yes, you'll hear from NVC. If you are US citizen, it may be within months. You'll get some papers and forms to fill out, some bils to pay, and when that is finished the file will be sent to the consulate in your husbands home country. He will then be called for the interview there. At first, he will be denied a visa for illegal presence in USA. If eligible, he will be asked to file for a waiver. If waiver is approved, he'll get a visa to return.

      Now, it could be a long process, and some forms involved as well as "waiver for extreme hardship". Too many things to put in one post.

      If you have any specific question, I am sure someone here will be able to answer.

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      • #4
        He can't adjust and he has to get a visa at the Embassy/Consulate of his country of citizenship. Should not be too long a time. Keep in contact with the NVC. Remember he will need a waiver for unlawful prescence. 5 and 10 year bars apply.

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        • #5
          ...why did your husband think that he was too important to follow the law and respect America's sovereignty (let me guess...he's from Mexico)?

          I guess that it all seemed so easy at the time...but, now it's going to get difficult, expensive and time-consuming.

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          • #6
            After hearing from NVC, is it worth filing? I know my husband will get denied... is it worth going through the trouble?

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            • #7
              <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by Mola:
              After hearing from NVC, is it worth filing? I know my husband will get denied... is it worth going through the trouble? </div></BLOCKQUOTE>

              Hi Mola,

              Go to this site: http://www.immigrate2us.com. They have better information regarding your case. Good luck!

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              • #8
                He is not from Mexico... he was too young to think of the importance.. he was forced to come by his parents. His parents were here legally but went back to their country and left him alone..

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                • #9
                  <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by Mola:
                  He is not from Mexico... he was too young to think of the importance.. he was forced to come by his parents. His parents were here legally but went back to their country and left him alone.. </div></BLOCKQUOTE>

                  Hello Mola

                  What do you mean his parents were here legally, yet you say that your husband was EWI?

                  ARe you sure that your husband is EWI? He very well may have had a visa to come in when he was a child. Perhaps the paperwork is lost. If this is the case, then he can adust status in the usa.

                  How old was he when his parents returned to their country?

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