QUESTION

Immigration qustion

Asked on Dec 30th, 2014 on Immigration - Colorado
More details to this question:
I have an student visa and I got married with a permenent resident. After that she filled out the I-130 form we recived from I-797C, notice of action receipt. So after 5 months we recived I-797, notice of action approval notice. And it says on it I'm not eligible and because of that they have sent the approved to national visa center. So I'm wondring if it's a normal situation or not ?
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1 ANSWER

Immigration and Nationality Law Attorney serving New York, NY
3 Awards
U.S.C.I.S. unfortunately has a history of mishandling I-130 approvals occasionally and not obeying the wishes of the petitioner – in some instances housing I-130 approvals when asked to send them forward for consular processing and in others sending them to the NVC for consular processing when asked to hold them for adjustment of status. In your case, however, the situation is not drastic and so, assuming that you are still in legal status at the time that your priority date becomes current or your spouse becomes a US citizen, you can file the I-485 adjustment of status application in the States with a copy of the I 130 approval. It will be up to U.S.C.I.S. to retrieve the approved petition from the NVC if it wishes to have the petition on hand at the time of the interview.Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.  
Answered on Jan 25th, 2015 at 6:55 AM

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