So Confused! I-130
First of all thank you for this useful Forum, Ive been reading and learning a lot through it.
I am a B-2 holder, my husband is US citizen and I came to US with a I-94, we got marry on Dec. 2010 and filed for the I-130 on January, we received the approval on June, which says that Im not eligible for Adjustment of status, I dont have criminal records, and never had problems in my regular visits to USA, I have visa since I was a year old. Never had problems in my country, always worked and my records clean, also my husband can afford the affidavit of support by himself.
My I-94 was for six months, and just expired on June 15th, reading posts I found out that if I overstay more than 180 days I can get a bar, in other posts I read that as my husband filed for my GC my overstay is forgiven, in other sites I read that Im ok if I stay in the country while I get my GC. So I dont really know what to do.
Thank you in advance for your advice.
That is pretty weird. You say the I-130 was approved but not eligible for AOS. Did you file the I-485 and it got rejected? Your timeline is a bit suspicious though. It looks like you got married within a month of arriving in the States. The USCIS conclusion there would be that you had immigration intent.
Preconceived intent to remain in the U.S. at the time of entry as a nonimmigrant, even though not resulting in fraud or willful misrepresentation, may be a sufficient negative factor to deny adjustment of status.
What reason did the notice give for you not being eligible for adjustment of status?
That is pretty weird. You say the I-130 was approved but not eligible for AOS. Did you file the I-485 and it got rejected?Your timeline is a bit suspicious though. It looks like you got married within a month of arriving in the States. The USCIS conclusion there would be that you had immigration intent.
Preconceived intent to remain in the U.S. at the time of entry as a nonimmigrant, even though not resulting in fraud or willful misrepresentation, may be a sufficient negative factor to deny adjustment of status.
What reason did the notice give for you not being eligible for adjustment of status?
It is a I-1797 NOA and it says:
The above petition has been approved. The petition indicates tha this person for whom 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. This determination is based on the information submitted with the petition and any related 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 for more information.
It is a I-1797 NOA and it says:
The above petition has been approved. The petition indicates tha this person for whom 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. This determination is based on the information submitted with the petition and any related 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 for more information.
does the visa have any restrictions? Like foreign residency requirement or anything?