I485 Abandon , USCIS says it was filed after the visa had expired

[windboater 0]

4/2011-Met future wife in Taiwan

11/2012-She visited US on a 90 day VWP

10/15/2013-She entered the US on a 90 day VWP

12/5/2013-Civil Marriage Ceremony (Dade County)

12/7/2013-Church Marriage Ceremony (Brevard County)

01/12/2013-I-130 and I-485 to Texas USCIS locked Box*

03/20/2014-Received Work Permit EAD

4/9/2014-Received Social Security Card

4/09/2014-Family emergency - wife returned to Taiwan* I-485 abandon!

4/24/2014-Attorney's office didn’t notify USCIS so the interview was missed.

5/12/2014-Received notice, application was rejected due to abandonment.

6/05/2014-Send certified letter to USCIS , No reply*.

7/08/2014-Sent a second certified letter to USCIS, No reply*.

1* We signed paperwork on the Dec 19^th in plenty of time but our attorney was hospitalized and wasn’t able to filed it until 01/12 11:48pm. This is just minutes before the expiration of her 90 day visa.

2* When the emergency occurred we tried to contact our attorney for guidance. We later found out she had died weeks before and her office didn’t notify us or USCIS.

3* Sent certified letter of explanation for missing the interview and for the attorney office’s failure to notify USCIS for the death of our attorney. The letter also pointed out that our I-485 and I-130 were submitted within the 90 days of entry . USCIS letter said the paperwork was not filed on time and she was already in the country illegally at the time of its submission. No reply from USCIS.

Sent a second certified letter was sent two weeks ago. It confirmed I had the Lock box receipts and a copy of the I-94 confirming my wife had never been in the country illegally at any time? I also asked for guidance how to re-apply for my wife for Consular processing. No reply from USCIS

Questions I have:

1. Do I need to get some confirmation from USCIS that her I130 was filed on times, before I reapply and ask for consular processing?

2. Other than a new I-130 and the supporting documents we sent last time, What additional forms do I need to submit for her and how do I ask for consular processing at AIT (US Taiwan, out-sourced consulate) ?

3. I’m undergoing cancer treatment but want to join my wife in Taiwan ASAP, what complications might travelling cause a new I130 application?

Thanks in advance for any replies!

[Boiler 43,761]

No mention of AP, do not remember when they brought in the combo card, but you only mention EAD.

No AP and that would have been why you abandoned AOS.

[Ryan H 3,796]

Questions I have:

1. Do I need to get some confirmation from USCIS that her I130 was filed on times, before I reapply and ask for consular processing?

2. Other than a new I-130 and the supporting documents we sent last time, What additional forms do I need to submit for her and how do I ask for consular processing at AIT (US Taiwan, out-sourced consulate) ?

3. I’m undergoing cancer treatment but want to join my wife in Taiwan ASAP, what complications might travelling cause a new I130 application?

Answers:

1. No
2. Nothing, on question #22 of the I-130, leave the left two lines blank and write "American Institute in Taiwan" and Taipei on the right two lines. Fill out all forms with her foreign address. There are no special forms to fill out to request to have the file sent abroad.
3. None (you will have show that you are maintaining a US Domicile, but that doesn't come until the NVC phase; also, the I-130 is a petition form, not an application form)

[windboater 0]

No mention of AP, do not remember when they brought in the combo card, but you only mention EAD.

No AP and that would have been why you abandoned AOS.

Yes, I thought of that when I let her leave the country but later found her EAD didn't come with parol. I'm not questioning USCIS's decision. It was correct I just want to get back on track to get my wife back. Thanks for your reply. John

[windboater 0]

Answers:

1. No
2. Nothing, on question #22 of the I-130, leave the left two lines blank and write "American Institute in Taiwan" and Taipei on the right two lines. Fill out all forms with her foreign address. There are no special forms to fill out to request to have the file sent abroad.
3. None (you will have show that you are maintaining a US Domicile, but that doesn't come until the NVC phase; also, the I-130 is a petition form, not an application form)

, Very concise answers,Thanks Ryan