Immigration Site

Dear Sir/Madem: I am GC holder and got married after GC. My wife dont have a GC. She is on H1B in USA for the last 3 years. I applied her in I-130 to get GC. We got interview from Baltimore few months ago. We answered all questions and immi.officer took our jointly filed 2005 tax returns, few bank statements, marriage certificate, address proof evidence. Also he asked my wife that "are you also working?". My wife said yes. We were so feared after the interview. Luckily next week we got the letter that our I-130 is approved. But they have mentioned in that "Petition indicates that petitioner is in USA and will apply for Adjustment of Status(AOS). Evidence indicates that she is no eligible to file an AOS. This determination is based on information submitted with petition and any relating files. Since she is not eligible to adjust, we have sent the petition to NVC,Portmouth,NH. NVC processes which consular post is the appropriate consultate to complete visa processing. Petitioner will get further details from NVC"

I dont know why they are informing Ineligible to apply for AOS and sending to consulate when my wife is here in USA and working on legal H1B visa?

Please someone can help us what we have to do? We are really too much worried?

Thanks
BR

I dont know why they are informing Ineligible to apply for AOS and sending to consulate when my wife is here in USA and working on legal H1B visa? Is her priority date current?

No. Priority date is not current. When I check the visa bulletin for India, they mentioned rightnow they are issuing visa numbers for the persons who applied in 1999.

RD:AUG-25,2006
PD:SEP-25,2005
ND:SEP-5,2006.

Thanks,
BR

No. Priority date is not current. When I check the visa bulletin for India, they mentioned rightnow they are issuing visa numbers for the persons who applied in 1999.

RD:AUG-25,2006
PD:SEP-25,2005
ND:SEP-5,2006.

Thanks,
BR Thats why she cant adjust her status now. She has to wait until her priority date is current. Remember, that she has to maintain her legal status while waiting: approved I-130 does not give her legal status.
When can you apply to become a US citizen? It might be faster for you to become a citizen, and upgrade your petition. That way she can apply for AOS immediately.