Englewood, OH asked in Immigration Law for Ohio

Q: Must I return to Europe after petition approval?

Good morning, I got married to a us citizen in August last year in the US. I am a German citizen. I went back to Europe after our wedding and returned to the US in October 2018. We filled i130, i485 and i765 concurrently in November. Since then we have been waiting for approval. The petition got approved now, but then they are asking me to wait on NVC so that a consular appointment can be scheduled. I am physically in the US and I lawfully entered the US so why do I have to go through this route?

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3 Lawyer Answers
Sheri A Benchetrit
Sheri A Benchetrit
Answered
  • Immigration Law Lawyer
  • Fort Lauderdale, FL

A: Sounds like something is amiss. Generally when you file an I 130 I 485 package you have your interview for both your I 130 and I 485 at the same time, at your local field office inside of the U.S. Usually you will receive an answer as to both the I 130 and the I 485, although not necessarily at the same time. (Sometimes the I 130 gets approved first and it takes some time for the I 485 to be approved - although this is not the norm.) Since I do not have enough information about your case, I do not know if for some reason you were barred from filing the I 485, or if this is a matter of Service error by the government. Either way, I suggest that you speak with an experienced immigration attorney as soon as possible to get the advice as to how to proceed. In the meantime, I do not suggest that you leave the US or file any documents with the National Visa Center (NVC).

Yanky Perelmuter
Yanky Perelmuter
Answered
  • Immigration Law Lawyer
  • Cincinnati, OH
  • Licensed in Ohio

A: There could be a number of reasons why USCIS is notifying you regarding consular processing. It is unlikely, but it could be as simple as an error on the form where you checked the box for consular processing. Or there is some underlying reason why you are not eligible for adjustment of status - such as a violation of the 90 day rule. Contact a competent immigration lawyer to review your documents, submission, and notices.

Stephen Arnold Black
Stephen Arnold Black
Answered
  • Immigration Law Lawyer
  • Orlando, FL

A: when you entered the US to get married, did you travel on a visitor visa? If so that could be the reason in that your intent was not to visit but to get married and as such, you cant adjust status. There could be many reasons why your interview is at the consulate. Best bet is to speak with counsel about the facts of your case. Good luck.

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