Mixed Insurance Banners Health Insurance for Visitors to USA

Announcement

Collapse
No announcement yet.

H4 Form I-539 Application Denied, help urgently needed! Please...

Collapse
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

  • H4 Form I-539 Application Denied, help urgently needed! Please...

    Hello,

    I have an urgent question really need your help! This stressed me and wife for the past 10 days, and we are still struggling of what to do. Following is my scenario:

    I am on H1B status valid until 01/15/2019. My wife filed Form I-539 on January 22, 2016, and received a Request For Evidence notice in July, asking for my I-94 form and my pay records.

    She sent the required document back within the required time slot but forgot to include the original notice(Blue Sheet) with the mail.

    On November 01, she received the decision letter with Abandonment Denial. The reason is that "USCIS issued a request for evidence providing you 30 days in which to respond. That time period has elapsed and, as of this date, there is no record of a response to that request." The decision letter was dated on Oct 25, 2016 (but received it through mail on Oct. 31, 2016).

    Apparently, they didn't receive my wife's letter (or they received but they could not match the document with her case since the original notice was not attached to the mail).

    My wife's I-94 was expired January 2016. So she is now out of status.

    My questions:
    1) Could we file a Motion to Reopen? She did send the document and has USPS delivery proof(certified mail), but as mentioned, she did make a mistake without including the original notice(top blue sheet).

    2) If she opts to go back to China to get a new H4 visa(this is currently what we plan to do), she is planning to depart around the end of November since we have a 7-month daughter who is on breastfeeding, and we need to apply for passport and travel document for my daughter so my daughter can travel with my wife. At that time, my wife will be overstaying for about a month;
    my question is: will this be an issue during the visa interview ? How could she explain the overstay when asked by the visa officer?

    Thank you so much in advance!
    Zhenlong
    1
    Go back to China and apply for a new H4 visa
    100.00%
    1
    File a Motion To Reopen and wait for final decision
    0.00%
    0

    The poll is expired.

{{modal[0].title}}

X

{{modal[0].content}}

{{promo.content}}

Working...
X