TN Visa Professionals and Marriage to a U.S. Citizen.

1. Decision on petition. 8 C.F.R. § 204.2 (a) (3).

If the Beneficiary is physically present in the U.S. and eligible for adjustment of status, the regulations allow for the concurrent filing of the I-130 and the I-485, Application for Adjustment of Status, with USCIS. AFM § 21.3 (a) (1) (A). 

For Immigrant Visa processing cases, if USCIS approves the I-130 petition, it will forward the petition to the Immigrant Visa processing facility at the National Visa Center (NVC) in Portsmouth, NH. The NVC will forward the petition to the U.S. consulate office for final adjudication.  

The only valid ground for denial is failure to establish the qualifying relationship as defined in the Act and interpreted through precedent decisions or because of ineligibility of the petitioner. AFM § 21.2 (g) (2).

If USCIS denies the I-130 petition, it will notify the Petitioner of the reasons for the denial and of the right to appeal the decision. The appeal from a denial of a Form I-130 petition is made to the Board of Immigration Appeals (BIA) on Form EOIR-29.