Legal Question in Immigration Law in Massachusetts

I just received the letter from NVC with instructions and steps I should take on my case with the following information of a future interview in Moscow, Russia.

Currently I am in the U.S.A. and my husband and I have applied I-130, (Petition for Alien Relative) and G-325A (Biographic Information) to the U.S. Citizenship and Immigration Services.

They sent us an I-797, (Notice of Action) informing us that "petition has been approved and the petition indicates that the person for whom my husband is petitioning (myself) is in the United States and will apply for adjustment of status�.

I came to USA on working visa. On the moment of marriage i was out of status. Why did they send my case to NVC? Thank you.


Asked on 3/31/16, 8:31 am

1 Answer from Attorneys
Marlene Hemmings Marlene Hemmings, Attorney at Law

If the I-130 stated you were in the United States &/or if you checked off the adjustment of status box, that's probably why USCIS indicated you will adjust status. However, as long as your spouse is a U.S. citizen, you had a lawful entry into the U.S., & have been in the U.S. at least 60 days, then you are eligible to adjust status & I recommend you do so. It is faster & easier than dealing with the NVC & consulate! I don't even know why you would have thought to Consular Process if you were in the U.S. That's why people really need to check with an experienced immigration attorney before filing anything with USCIS.

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Answered on 3/31/16, 8:51 am


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