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I-485 Denied to spouse due to not availability in USA

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  • I-485 Denied to spouse due to not availability in USA

    Me and my wife applied for I-485 through her employer, she being the primary applicant and me being the spouse/dependent. They have applied through EB1 category as my wife is eligible on Mar 29 2018 and Advance parole in June 2019. We did not receive the advance parole. We had our interview on Oct 30 2019. It was kept under review on the interview date and said we will be knowing by mail and time period is 120 days. We had our valid H1/H4 visa until Jan 8 2020 respectively. H1B renewal was also applied but still did not receive the approval by then.

    However, we had to travel to India due to some personal work and medical emergency. I travelled on Nov 3 and my wife traveled on Nov 23. I stayed back in India and my wife travelled back to US before Jan 8th. i.e., on Jan 7th.

    On Dec 31 we got RFE to both our Advance Paroles. Hence, My wife travelled back before her visa expired. But I had to stay back as I was going through a treatment and thought It may not impact as we might get Green card and H1b renewal and I can go back on H4.

    However, on Jan 21, Her GC got approved and also she got the H1 renewal papers by then. I still went ahead and applied H4 visa on Jan 30. On the same day I got my Case was denied on USCIS website.

    Now I have a valid H4 stamp until 11 Nov 2020 and My wife has a GC. Since my case was denied what are my chances to start a motion or reopen the case. any suggestions would be great.

    I think I have to contact our immigration lawyers with the medical reports and doctor certificate to fight the case. would that be sufficient?

  • #2
    From what I read her H1 is not valid because she already has a GC, so your H4, even if approved and your passport stamped, is no longer valid. Is it better to consult your immigration lawyer, they may have a better answer.
    Nov 2018 - Package sent - EB - Texas Service Center
    Day 1 - Package received at the lockbox
    Day 12/34 - Case and Fingerprint Fee Received / Biometrics appointment
    Day 112 - EAD delivered
    Day 195 - Letter for missing I-693
    Day 4xx - no news (retrogression)
    EAD Renewal: 2 approved in 24 days, 1 pending for 11x days


    • #3
      Your H & her H1 is no longer valid since the day your wife got her GC. You can no longer travel on your H visa. Your H4 visa was correctly denied.

      Your wife's immigration lawyer did not advise you guys on what this travel (especially returning on different dates) will mean?

      What happened to your GC when your wife's was approved Jan 21st? Was it approved? Do you have an AP to travel back on - was it ever approved?
      If the answer to both these questions is no, especially the AP; i.e. if you left the US without an AP, and no H/L visa; get ready for a long wait to join your wife back in the US.


      • #4
        I understand that I overstayed due to my health issues and had to get treatment. Can I reopen a motion with all the medical documentation to review the case after denial?