Immigration Site

Hi All,

We applied GC for my mother in law in January of this year (Me and my wife are citizens). Applied 140 and 485 together. We received request for additional evidence for both 140 and 485. Sent the requested material in March.
Received 140 approval (around July).

Now (Sep 29 ) we received a notice saying 485 is denied due to abandonment, saying they sent request for additional evidence on May 2nd. We never received any thing after initial request in March.

Visiting visa, that she is on, is already expired.
Any pointers very appreciated. Any body faced similar situation or has any advice, please respond.

Thanks in advance.
-Nandan

Hi All,

We applied GC for my mother in law in January of this year (Me and my wife are citizens). Applied 140 and 485 together. We received request for additional evidence for both 140 and 485. Sent the requested material in March.
Received 140 approval (around July). Your being a citizen is not relevant: your wife filed for her mother!
It is not 140, its 130.
Now (Sep 29 ) we received a notice saying 485 is denied due to abandonment, saying they sent request for additional evidence on May 2nd. We never received any thing after initial request in March. Well, you have 2 options - refile 485 based on approved I-130, or file MTR (motion to reopen). The first option would probably be simpler, but its up to you.
Visiting visa, that she is on, is already expired. Thats not a problem in her case.

Anahit, Thanks.
You said: Her expired visiting visa is not a problem.
Can you please explain a little bit more to put our mind at ease.
1. Can anything be done based on the fact that we never received the request that they say they sent in May, and denied our application on that basis. I dont know how we can prove that we did not receive something.
2. Is the only disadvantage of refiling is that we loose the initial notice date/priority and nothing else ?

Thanks a lot for taking time to answer.

Thats not a problem in her case. Well it WILL BE a problem if she comes to USCIS attention before you either file the MTR or submit a new I-485. The moment you received the denial, she went out of status due to the expired visa.