Wife's I485 considered abandoned...help!!
Jul 27th 2017, 12:32 am
#1
Dallas
Thread Starter
Joined: Jul 2008
Posts: 220
Wife's I485 considered abandoned...help!!
I am a gc holder and petitioned for my wife some time ago; today we got a letter in the mail saying that we never responded to a request for RFE in March and as such the application is now considered abandoned!! We never received a notice for RFE, we are beside ourselves with worry; what happens now? We have left a message for our attorney to call us (naturally the office was closed by the time we got home and opened the mail). I predict a sleepless night 
Jul 27th 2017, 12:45 am
#2
Account Closed
Joined: Aug 2002
Location: Kentucky
Posts: 38,865
Re: Wife's I485 considered abandoned...help!!
This happens from time to time. There's probably nothing you can do about it now.
You could simply resubmit a new application. Or, your lawyer could file a Motion to Reopen - but that'll be expensive (well, not to reopen, but for his time). Refiling is probably easier.
Ian
... what happens now?
Ian
Jul 27th 2017, 12:46 am
#3
Dallas
Thread Starter
Joined: Jul 2008
Posts: 220
Re: Wife's I485 considered abandoned...help!!
How will this affect her EAD? She's been working for over a year now!
Jul 28th 2017, 3:54 pm
#4
Concierge
Joined: Apr 2001
Posts: 46,390
Re: Wife's I485 considered abandoned...help!!
If her petition is considered abandoned then her EAD is invalid for work purposes.
Jul 29th 2017, 8:46 pm
#5
BE Commentator
Joined: Feb 2010
Location: Los Angeles, California
Posts: 8,427
Re: Wife's I485 considered abandoned...help!!
Talk to your lawyer on Monday. This happens from time to time. It is a PIA but can probably be fixed.
