I-130 - Approval Notice

[Fatinkc]

Hi,

I recieved my approval notice on November 5, 2005. It says "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 adjustment of status. The information submitted with the petition shows that the person for whom you are petitioning is not eligible for adjustment of status application at this time"

I did not take any action yet. Please advise when I will be eligible.

[Fatinkc]

Hi,

I recieved my approval notice on November 5, 2005. It says "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 adjustment of status. The information submitted with the petition shows that the person for whom you are petitioning is not eligible for adjustment of status application at this time"

I did not take any action yet. Please advise when I will be eligible.

[aneri]

so you are the beneficiary...Who petitioned for you and when? Are you out of status? Entered illegaly? Overstayed?

[Fatinkc]

Yes, I am the beneficiary. My husband applied for me in 2005. I am on H1-B visa. Its valid till Dec 2008. I am not sure what to do. All I know I have to wait for 5 years till I can do Adjustment of Status.

[aneri]

so, your husband is Permanent Resident, not USC, and you are waiting for your priority date (PD)(date of filing in 2005) to become current for your category F2.

There is nothing you need to do before your PD becomes current (except look at Visa Bulletin from time to time). Once that happens you file I-485 to adjust status. That may well be in 2010 (like you say 5 years wait).

Spouses of PRs are only able to adjust status when their PD is current and if they are in legal status! Can you extend H1-B?

The other way may be that your husband becomes an US citizen in the meantime. As a spouse of US citizen, you can apply for AOS without any wait.

[Adam]

aneri, What about the following:

For Example: student enter US on F-1 visa valid for one year then that school extend his/her visa for two years. The validity expires in or about 2003. Parents file I-130 for she/he in Oct. 2000, when parents were legal Alien.

Dec. 2006 they have received a letter of approval of I-130.
The above petition has been approved. with the same wording as stayed by "Fatinks"

What you can suggest in this type of case, what paper work they will have to file for AOS, will any one list them please. Thank you

[aneri]

<BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by Adam:
aneri, What about the following:

For Example: student enter US on F-1 visa valid for one year then that school extend his/her visa for two years. The validity expires in or about 2003. Parents file I-130 for she/he in Oct. 2000, when parents were legal Alien.

Dec. 2006 they have received a letter of approval of I-130.
The above petition has been approved. with the same wording as stayed by "Fatinks"
</div></BLOCKQUOTE>

How old was the student-child in Oct 2000? single? married? Did parents naturalize?

[Fatinkc]

Thanks Aneri for the info. I went to vida bulletin but it is hard to understand what they wrote. So afte 5 yers I will recieve a letter witht he visa number or I have to contact them.
Yes my Husband will become a USC in 2008. Then the process will be faster I guess .

[FLwife]

HI,Fatinkc
I am in the exact same situation as yours right now. I am under my H-1B and filed my I-130 through my husband(GC holder) and got approved but the visa is not available at this momment, so I have been waiting for the Processing Date becomes my I-130 applied date.
As far as I know, they are processing March 2002 at this time. So if you filed the I-130 Nov 2005, you still have at least 4 years till your visa gets available. Assuming the processing moves constantly. So if I were you, I would assume at least 5 to 6 years from now.
But if your husbancd becomes USC, then it will be faster, I think.

[Adam]

aneri: he/she is over 21 years of age unmarried and out of status, parent had become US Citizen.
upgraded the I-130 and visa is ready since uscis is processing applications for May 2001.
What they should now?

on my visit to the local office I picked up a form FC-485 DHS od 04/11/05 issued by the DHS/USCIS which read as follows:
I-485 Application to Register Permanent Residence or Adjust Status.

Where to file: Non-Business Based Applications

The non-business based group includes anyone filing I-485, Adjustment of Status application (alone or concurrently with the I-130 and/or I-131, I-765 or other related applications)from the following;
* Family/Immediate Relative of a US Citizen, as per section 201(b) of the Act, and based upon an approved, concurrently filed or pending I-130, Petition for Alien Relative;
* Widow(er) of a US Citizen, as described by section 201(b) of the Act;
*A qualifying relative of a US Citizen or lawful permanent resident as described by section 203(a) based on an approved I-130
* Eligible applicants described by section 203(d) of the Act as derivative relatives of alien described by section 203(a) of the Act.

What I think this 21 year can file for AOS now since his/her PD was Oct. 2000.
Any comments on this law.

[Adam]

Fatinkc, The letter of approval notice I am looking at is Form I-797, Notice of Action.

What form number you are talking about