I-485 denied. Need advice.

[jerome19390 0]

My fiance arrived here in U.S.A in December of 2013 and we were married a couple months later.

I filed form I-485 about a year ago.

She became pregnant last spring and the baby was due to be born in mid-February.

In early December we received a request to submit form i-693. I don't really understand why, because my understanding is she received all her vaccines and shots before she came here, but that's another story. We put off making an appointment to see a civil surgeon for longer than we should have. In retrospect we should have done it right away, because her pregnancy was very difficult, and for the last month or two she had trouble even walking and getting around. Most of the time she was resting and staying in bed. Still, we knew we had to submit the i-693 form, so we made an appointment with the civil surgeon for immediately following her delivery date. This allowed us a couple weeks in which to visit the civil surgeon and mail in the i-693 form. What we didn't know was the i-693 process would take several weeks, several appointments, and several shots given to my wife. By the time the process was complete, it was past the due date for the i-693 form.

Today we received a rejection letter for our i-485 application, apparently because we didn't submit the i-693 form. We didn't even get a chance to mail in the completed i-693 form because we received it just yesterday.

The rejection letter says my wife should make plans to leave the country so that she may be eligible for future immigration legally. It also says there's an appleal process using form i-290b.

I'm here to ask advice because I really don't know what to do. I'm just feeling unbelievably frustrated and stupid. But I would like to ask what is the best course of action to take, and any information would be helpful

Edited March 15, 2015 by jerome19390

[belinda63 2,981]

File a new I-485. There is no grounds to appeal since you did not respond to the RFE in time.

[Boiler 43,433]

I agree.

[Ontarkie 13,915]

~~Moved to AOS from family based visas, from K1 P&P~~

[aleful 1,905]

hi

ditto, refile now that you have the aos complete

[NancyNguyen 1,657]

All is about another $1070 fee.

[Hypnos 6,576]

As stated, re-file.

Unfortunately you will have to pay the $1,070 again.

Failure to respond to an RFE by the deadline is an automatic denial.

[CowBoE 429]

I know this must suck, but look on the bright side.

If another $1070 can keep your wife here and resume the processing,

given the circumstance, I think that's a far better deal than to send your wife back,

and you are stuck here with the child...while going through another spouse sponsor visa.

You might want to refile ASAP and include the I-693.

I don't know how long those I-693 is valid for...

and you certainly don't want to repeat that again on

top of what you've gone through.

[Codeblue009 3]

Sorry to hear what has transpired, but I agree with everyone's comments. You should file again and resubmit the fee for the I-485 filing. Good Luck to you!

[Dashinka 23,241]

Sorry to hear about your issues with the RFE and the I693. I know what you mean about the process wi the civil doctor, it took my wife ten days to get her completed package.

Regardless, I agree, resubmit the 485 with the completed 693 so you can restart the clock (so-to-speak).

Good luck.