Help! I-485 got denied due to lack of prosecution or abandoment.

[chuolin]

I just got a letter from USCIS saying that my I-485 got denied due to prosection/ abandoment on June 9, 2006. here is the reason why it got denied:
" On May 10. 2006, You appeared for an interview at the Milwaukee Sub-Office, and at that time you were issued a Request for Evdience. You have failed to submit the required evdience that was indicated on the request for evdience issued to you on June 10, 2006. Specifically, the Service requested that you provide an affidavit of support ( Form I-564) alone with the last three years of tax returns and W2's for co-sponsor. In addiyion, you were insructed to submit 2005 tax return forms and W2's for Tonia(my wife).
To date , the service is not in rereceipt of alll the requested documentation. The service has not recieve form I-864 Affidavit of support, alone with the last three years of tax returns and W2's for co-sponsor. You were informed that the requested documents were required within 30 days. Service records indicate that you have not requested an extention of the deadlin. Consequently, you application for adjustment of status is denied for lack of prosecution"
here is the problem.. The officer that my wife and I had in our interview with, gave us a piece of paper that indicated we needed to submit the form I-864 with my wife’s last years tax returns and W2’s. The officer also mentioned that we needed a statement from my wife’s parents stating that they also help us out financially, since our family income in 2005 did not meet the minimum income requirement.
The reason we did not submit the form I-864 for the co-sponsor is because my wife sent the I-864 form for sponsor (herself) along with the I-485 in October 6, 2005. From our understanding with the officer we did not realize that the co-sponsor also needed to fill out the I-864 form. We thought that the co-sponsor just needed to fill out a statement.
my wife and I made an Infopass appointment and met with an immigration officer today and she told us that our only option is to either file a MTR within 30 days or reapply the whole thing, she also said that my EDA is no longer valid. I filled out the MTR form and mailed it with a check of $385 and the I-864 for co-sponsor right after the appointment.
I guess my question is that what's the chance of the case will actually get reopened and if it didn't, what should i do next? I read that it's best if I have a lawyer to file the MTR for me, but I can't really afford to pay around $1000 or even more for a laywer because I just started working 2 months ago. my wife had the Post-partum Depression after she gave birth to our son, she couldn't handle staying at home and taking care of our son. so she was the one working, that explains why we didn't meet the minimum income requirment. so I had to stay at home to take care of him for over an year. now finally my son is older so I could start working.. than this happen. I don't know if I should quit my job or not ,since the officer told me that my EDA is no longer valid.
money is a big issue for us since we have an one year old son and if my EDA is truly invaild.. than I would not be able to work anymore and that means I would not be able afford to get a lawyer or even to reapply I-485 and EDA.
I was in college on F-1 visa and my wife is an US citizen. we got married couple months after I graduated and our son came alone. I was not even planning on staying in the US. I got accepted in a graduate school in UK then I decided to stay after we found out that she was pregnent. the whole process of getting a GC and EDA has turned into a huge nightmare and now this happened. please help.. guys.. don't really know what to do next.

I got the code 3 Bios and FP for I-485 and EDA done on Feb 27, 06 and my first interview on May 10. 2006

[epurappad]

Hello,

My I-485 was denied due to abandment even though i never received an interview letter. I filed Motion to reopen with the help of an attorney 2 weeks back and 3 days back my cheque of 385 was enchashed by the USCIS. can you please tell me when i can expect the interview call and how long this process will continue. i will be out of status in a week and they mentioned in the denial letter the ead will expire in 2 weeks that is over now. Is it can work now as they enchased the cheque for MTR or i need wait for any letter from USCIS. I have received a receipt notice from uscis that they have received my mtr.

Please update me how long will it takes to process the application after the receipt notice.My email is epurappad06@yahoo.com

Many Thanks

[pipitastro]

Originally Posted by epurappad

Hello,

My I-485 was denied due to abandment even though i never received an interview letter. I filed Motion to reopen with the help of an attorney 2 weeks back and 3 days back my cheque of 385 was enchashed by the USCIS. can you please tell me when i can expect the interview call and how long this process will continue. i will be out of status in a week and they mentioned in the denial letter the ead will expire in 2 weeks that is over now. Is it can work now as they enchased the cheque for MTR or i need wait for any letter from USCIS. I have received a receipt notice from uscis that they have received my mtr.

Please update me how long will it takes to process the application after the receipt notice.My email is epurappad06@yahoo.com

Many Thanks

why don't u open up your own thread?

[waren613]

Originally Posted by epurappad

Hello,

My I-485 was denied due to abandment even though i never received an interview letter. I filed Motion to reopen with the help of an attorney 2 weeks back and 3 days back my cheque of 385 was enchashed by the USCIS. can you please tell me when i can expect the interview call and how long this process will continue. i will be out of status in a week and they mentioned in the denial letter the ead will expire in 2 weeks that is over now. Is it can work now as they enchased the cheque for MTR or i need wait for any letter from USCIS. I have received a receipt notice from uscis that they have received my mtr.

Please update me how long will it takes to process the application after the receipt notice.My email is epurappad06@yahoo.com

Many Thanks

Can you please tell me what a RECEIPT NOTICE looks like you received from USCIS? I haven't got a receipt from my MTR only a receipt from FedEX that they received my MTR. Thanks and good luck!

[Brenglen]

Originally Posted by waren613

Can you please tell me what a RECEIPT NOTICE looks like you received from USCIS? I haven't got a receipt from my MTR only a receipt from FedEX that they received my MTR. Thanks and good luck!

its called Notice of Action u will see it on the top right of the letter.


Call the 1-800 number or Schedule an INFOPASS if you still need help.