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Wife's I485 considered abandoned...help!!

Wife's I485 considered abandoned...help!!

Old Jul 27th 2017, 12:32 am
  #1  
Dallas
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Default 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
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Old Jul 27th 2017, 12:45 am
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Default Re: Wife's I485 considered abandoned...help!!

Originally Posted by Meryl View Post
We never received a notice for RFE...
This happens from time to time. There's probably nothing you can do about it now.


... what happens 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
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Old Jul 27th 2017, 12:46 am
  #3  
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Default Re: Wife's I485 considered abandoned...help!!

How will this affect her EAD? She's been working for over a year now!
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Old Jul 28th 2017, 3:54 pm
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Default Re: Wife's I485 considered abandoned...help!!

If her petition is considered abandoned then her EAD is invalid for work purposes.
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Old Jul 29th 2017, 8:46 pm
  #5  
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Default 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.
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