My husband is a green card holder. He is applying green card for me as F2A category. I-130 priority date is 12/21/2012. I filed I-485 in August 2013 as it became current. Receive I-130 approval notice on 10/01/2013. It said" 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 to file an adjustment of status application at this time.........Until the person for whom you petitioning files an adjustment application, or applies for an immigrant visa, this approved petition will be stored in this local USCIS office...."
Thank you so much.
The 1-130 approval notice in your case is just a certification by immigration that you are married to a Legal Permanent Resident and that you are eligible to receive a green card on that basis. Obtaining the green card is a different matter. Consult with an immigration attorney regarding your options.
The I-130 recognizes the requisite familial relationship that is the basis of eligibility for immigration. If the visa priority date for the immigration category is current at the time of the I-130 filing, and if the immigrant entered the U.S. legally and has not violated hid/her status, the adjustment application may be filed concurrently. If it is not current, you must wait for approval of the I-130 before filing for adjustment. This filing order may not be reversed. Whether you may now file an I-485 depends on whether you are in status. You should have a consultation with an experienced immigration attorney to determine why you are not eligible for adjustment.
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