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Originally Posted by: Gaby 

You mentioned that: "Usually people are called for interview at the 130 stage when the beneficiary is in removal proceedings". Do you know what do they need at the interview for someone that is in removal proceedings?
Or 2nd marriage?

You sound like this is a second marriage for you. Did you get your GC or citizanship through marriage, if so then there is a good chance that USCIS will usually want to find out that your first marriage was not for the purpose of obtaining a GC.
This marriage based GC has been abused a lot such that USCIS tends to be suspicious at every turn.
Yeah if you have been divorced, you have to bring all the official court documents showing that your marriage has been dissolved.

I have seen cases where people got married first, get a GC, then divorce and turn around and try to marry someone else. USCIS then calls the first spouse to find out if they think the marriage might have been for the purpose of GC. If the first spouse says yes, they think their spouse dubbed them to get a GC, that will only go a long way to complicate things.

Note that these are just scenarios, I do not know what your background is, any advice in my write up is purely general....

Good luck with your interview
You will be fine, the interview date will stay put for a couple of months.
The note from DOS was that any retrogression will not affect anyone who filed in August or September. My guess is that they will try to keep the cutoff date at September 2013 for a few months to accommodate all August/September 2013 filers.

Congrats on your interview date. My EAD and AP just got approved today as well.
Originally Posted by: kk3405 

hi everyone!

i just got a interview appointment letter(i-130) from local office

but my question is

im on consulate processing which means my wife is in my country now but letter said that

i need to bring my wife for this interview....

im really confused.. now..

please help what do i need to do for this issue.

thank you.

Hmmm this is strange, but nothing is impossible with USCIS.
Usually people are called for interview at the 130 stage when the beneficiary is in removal proceedings, but your beneficiary is not even in the states.
Note that letters for interview are usually a generalized letter and they maybe items that do not apply to you.
Yes the interview letter may state that petitioner should come along with the spouse, but that will be applicable only in cases that the spouse is present in the US.

You will still have to go to your interview though. The fact they are calling you for an interview at this stage means one of 2 things: Either someone in USCIS has goofed up or USCIS is highly suspicious of your presumed relationship with your spouse.

I will attend the interview with as much proof as I can possibly lay hands on to prove an ongoing relationship to my spouse.

Good luck
Hi Layla,
I just called the NVC this morning and was notified that my file was returned to USCIS last Friday October 4th. I asked specifically what office and since my local office is Philly, however she was not sure and asked me to call USCIS to find out the specific office since they now have the file again. Well I am guessing it might have been sent to NBC since that is where all FB-AOS are processed initially.

If I were you I will keep calling them every two weeks, and the best time to call is early morning before 8 AM, as wait time is less than 5 mins. If you call during the day be prepared to wait for at least 30 mins b4 talking to a live person.

NVC can be reached @ 603-334-0700

Good luck!
My senator's office had notify NVC that I will be doing AOS in case they receive my 130 file from USCIS. NVC mentioned that once they receive the file they will hang onto until USCIS request for it.

I called NVC last week and they said the have not yet received the file from USCIS.
I tried calling my senator's office week but they were closed as a result of the gov't shutdown. Yikes!

When exactly did you contact NVC and when did the respond that they have returned the file to USCIS? I am just trying to make sense of the timelines here....
Hi layla, do you know if NVC has received your I-130 yet?
once NVC receives the case file, they will process it and contact you to pay some fees since they will be assuming that you are going through CP.
Once they contact you, you will inform them that you are doing AOS and give them your 485 receipt number. At that point, they will hang onto the file until USCIS request for it. It may take 3- 4 weeks min for NVC to contact you, so hopefully by then you will have gotten your receipt number.
Originally Posted by: layla 

I got the same letter in the mail today from california service center.

"The above petition (i-130) 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 evidence indicates that he or she is not eligible to file an adjustment of status applications. This determination is based on the information submitted with the petition and any relating files."

"Because the person for whom you are petitioning is not eligible to adjust, we have sent the approved petition to the Department of State National Visa Center (NVC), NVC processes all approved immigrant visa which consular post is the appropriate consulate to complete visa processing. NVC will then forward the approved petition to that consulate. This completes all USCIS action on this petition. If you have any questions about visa issuance, please contact NVC directly. Please allow 90 days before contacting the National Visa center regarding your petition. The NVC will communicate with the person for whom you are petitioning concerning further immigrant visa processing steps. "

However, I am now on H1B status( I wrote this on the forms). I initially entered the US on F1. It says on the letter that i should contact my local USCIS office which is about 5hours away from where i live if i believe i am eligible to adjust status here in US. I already sent my I-485 forms on Aug 27th and am still waiting for receipt notice( which i as well thought that was strange cause its been over a week)

You should be fine. This is a standard letter you get from USCIS when you do not include documents ( such as I-20, 94, passport with visas etc.) that prove the legal immigration status of the beneficiary with your 130 application. That is why it is stated on the letter that this is based on evidence provided with your application.

The few persons I have spoken with who had this type of language on their approval letter confirmed to me that they never submitted documents evidencing their status. THat was same for me as well....

If you submitted these documents with your application, then your situation maybe different. Question is did you submit these documents with your form 130 application?

My case maybe similar to yours in the sense that my 130 approval came when I had already submitted my form 485, however we differ in the fact that my 485 had already been accpeted before 130 approval. WHen I finally received my 130 approval notice with the language on it that I was not eligible for AOS in the US, I was concerned and I called USCIS and spoke with a level 2 officer who told me that the fact that my form 485 has been approved is a clear indication that I am eligible for AOS in the US. He said when they receive your form 485 the first thing they check for is your eligibility to adjust. If you are not eligible, the application will be denied instantly and returned to you with your check.

FYI: I am done with biometrics and my current status for 485 is now showing ready for testing and interview. I have not received no RFE so far which I presume everything is in order given the fact that quite a few F2A applicants have received RFE in the last couple of weeks.

Hope my 2 cents are helpful....
I keep saying this process is brutally random. My file was transferred from VSC to NSC and approved in 10 days.
Transferred 08/17 approved 08/27
PD 08/24/2012

Hang in there guys.
Originally Posted by: LPR filer 

Reading this forum, I get the impression that it is advisable to fill I-1485, part 2 as

select option "h" and mention "I-130 Pending, PD Current F2A , LPR spouse"

Does the same apply to folks like me who are sending I-130 and 485 together.... or reword it as

select option "h" and mention "I-130 filing concurrently, PD Current F2A , LPR spouse".

btw, a dumb question... is it ok to fill some sections of the form with hand while few sections I use the fillable-pdf.... for lack of space/not printing the whole text I type in.

Thanks in advance!

I can answer your last question though. Yes it is ok to fill some sections with hand. I have done that with a lot of immigration forms and has never had any issues with that.
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