MTR question

[Sachinator 0]

Happy Friday VJers.....

I had a post a couple of weeks earlier about a dismissal notice for my wife. Her 485 was denied because we failed to appear for the interview on May 30th. Of course we failed to appear because the notice was sent of June 5th and received by us on June 6th !!! On June 7th we got the denial letter....sucks big time.

ANyways, we are going to file an MTR my few questions are:

1) Do I do a motion to reopen or reconsider? Pretty sure I am not doing an appeal.

2) Just confirming that I will take this MTR in person at the Newark, NJ field office, correct?

3) When I submit this MTR, do they give us any receipt or acknowledgement that we submitted it?

4) Lastly..I know this may be un-answerable bu how long does an MTR take to resolve?

5) On a side note, can she travel outside of US while the motion is pending? She would need to go visit her mother for medical reasons.

ANy input and help is appreciated. Thank yoU!

[payxibka 10,048]

If the K-3 visa is still valid she should still be allowed to travel...

Edited June 27, 2008 by fwaguy

[pushbrk 13,767]

If the K-3 visa is still valid she should still be allowed to travel...

Whoa! An approved I-485 invalidates the K3 status and requires either a green card or I-551 stamp for travel. I suspect a denied I-485 would invalidate the K3 status. It's not like there's a risk of deportation but re-entry could definitely be a problem. I have a CBP supervisor's phone number and can check for certain if you wish. Too early in the morning now.

[Sachinator 0]

If the K-3 visa is still valid she should still be allowed to travel...

Whoa! An approved I-485 invalidates the K3 status and requires either a green card or I-551 stamp for travel. I suspect a denied I-485 would invalidate the K3 status. It's not like there's a risk of deportation but re-entry could definitely be a problem. I have a CBP supervisor's phone number and can check for certain if you wish. Too early in the morning now.

Thanks guys but the problem is that her K3 expires on November 12 but her mom will have surgery in December, after her K3 has expired....maybe filing an extension for K3 whiel her motion is pending?!

Also, I don't think Newark, NJ office accepts MTRs...could this be true or do that HAVE to accept an MTR...

Once again everyone thank you and please keep sendign in your ideas.

[pushbrk 13,767]

If the K-3 visa is still valid she should still be allowed to travel...

Whoa! An approved I-485 invalidates the K3 status and requires either a green card or I-551 stamp for travel. I suspect a denied I-485 would invalidate the K3 status. It's not like there's a risk of deportation but re-entry could definitely be a problem. I have a CBP supervisor's phone number and can check for certain if you wish. Too early in the morning now.

Thanks guys but the problem is that her K3 expires on November 12 but her mom will have surgery in December, after her K3 has expired....maybe filing an extension for K3 whiel her motion is pending?!

Also, I don't think Newark, NJ office accepts MTRs...could this be true or do that HAVE to accept an MTR...

Once again everyone thank you and please keep sendign in your ideas.

I'd get an infopass or just walk into the local office ASAP. Generally a K3 validity can be extended but not sure if it can after I-485 denail without a successful MTR.