2 year rule does not apply. I entered US legally and went through inspection. I have never worked illegally, never have gotten any ticket and never been involved in any illegal actions, never overstayed previous visas. Because of some health issues we couldn't afford to send our paperwork on time. I-130 is approved although it is said that I am not eligible for adjustment of status (haven't sent I-485 yet) and documents are sent to NVC for processing. Thank you in advance for your consideration.
No, unless you are still in the USA and will seek AOS. Then, yes. Unfortunately, the I-130 approval has nothing to do with determining whether you are eligible for adjustment of status, so if you are stateside, you can file for AOS.
The information contained in this answer is provided for informational purposes only, and should not be construed as legal advice on any subject matter,not should it be viewed as establishing an attorney client relationship of any kind.
If you entered the country legally and are now married to a U.S. citizen, you should be eligible to adjust. Please meet with an attorney so that she may review the paperwork.
This reply is intended only as general information and does not constitute legal advice in any particular case. This reply does not create an attorney/client relationship.
If you are currently in the U.S., you entered the U.S. legally, and you are not subject to the 2 year home country requirement, the adjustment of status package can be filed and your violation of status will be absolved. Disregard the NVC instructions. Consult with your current immigration attorney for case specific advice.
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