I-485 denial

[ArmouredSainT 0]

My wife's 485 was denied because she goes back and forth across the border for work. I had applied for an advanced parole and received it, but she went back before it was issued. My understanding was that as long as it was applied for that all would be ok. The consulate wasn't much help as they said there was nothing they could do because we were already married and to file with USCIS inland.

Since, her file has been sent to the consulate in her country with an approved I-130 but I am waiting to see if they will deny that.

In the meantime, I have received the letter of denial but I can appeal. Does anyone have any info that I could appeal on that likely would be accepted such as court cases regarding intent or any other issue? Her intent is to immigrate and not be considered abandoning status.

Any help, if any, would be appreciated.

Edited July 24, 2016 by ArmouredSainT

[Penguin_ie 6,002]

Not much point appealing the denial, as she left the USA, thus her Adjustment of Status is abandoned.

On the good news front, there seems to be no reason why the approved I-130 would subsequently be denied, so your visa process should be comparatively fast.

[aleful 1,905]

hi

you're wrong, unless she had the advance parole to travel, she wasn't able to leave the country

if she left without the advance parole, she abandoned the process in country

now she will have to wait in Mexico and go through consular processing, there is nothing you can do about it

she shouldn't have left, thus there is no grounds for an appeal

she can't have it both ways, even in a border town, or she stays during the process and can visit abroad, not work, with an advance parole until she gets her GC

or she works and lives in Mexico and awaits a consular processing, having her interview in Ciudad Juarez

Edited July 24, 2016 by aleful

[JFH 12,196]

now she will have to wait in Mexico and go through consular processing, there is nothing you can do about it

or she works and lives in Mexico and awaits a consular processing, having her interview in Ciudad Juarez

I understood it that the OP's wife is Canadian (as he lives in Montana). Regardless of where she is from, she abandoned the process by leaving the country. It's a pity the OP didn't join this form earlier in the process and check the specifics of the rules. This might not have happened then.

[aleful 1,905]

hi

my bad, you might be right, but as you said, it doesn't really matter what border or what country. right?

same results anyway

[ArmouredSainT 0]

Thanks for the responses. Will the consulate processing be any more difficult or lengthy?