Legal Question in Immigration Law in Colorado

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 ?


Asked on 12/30/14, 1:42 pm

2 Answers from Attorneys
Marlene Hemmings Marlene Hemmings, Attorney at Law

If your priority date is not current, then you cannot apply for a greencard yet . You must therefore maintain legal, nonimmigrant status until your priority date becomes current or until your spouse becomes a naturalized U.S. citizen.

Otherwise, you would have to return home & apply for your immigrant visa when your priority date becomes current, which is where the NVC comes in.

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Answered on 12/30/14, 2:40 pm
Rahul Manchanda, Esq. Manchanda Law Office PLLC

Please call me at (212) 968-8600. Kind regards, RDM

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Answered on 1/07/15, 5:51 am


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