anyone with I-485 denied? and reapplied?

Rodrigo96 said:
Hello there,

My I-130 has been approved since 2015, and then have applied for I-485 but due to lack of knowledge I left the US without travel documents because of some family emergencies. USCIS has asked to come for an interview but I was not able to attend as I was out of the US. Mean time my visitors visa got expired and I have applied for a visiting visa several time to get back to the US but my application was rejected due to my ongoing I-485 application.
It has been more than one year since I abondened my interview. My partitioner is my husband but he is not willing to help me to get it reactivated again. What can I do in this situation? Any information will be highly appreciated.
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If you left the US while Adjustment of Status was pending, before Advance Parole was granted, you have automatically abandoned Adjustment of Status. You can only do Consular Processing abroad for an immigrant visa. Since the petition is currently held by USCIS because you were doing Adjustment of Status, the petitioner may need to file I-824 to have them move it to NVC for Consular Processing.
 
Rodrigo96 said:
Thank you for your information. Very helpful and highly appreciated. In my case the petitioner is not willing to file the form I-824, will I be able to file the form I-824 by myself as the applicant? Regards.
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The I-824 can only be filed by the petitioner.
 
Rodrigo96 said:
Thank you for your information. Very helpful and highly appreciated. In my case the petitioner is not willing to file the form I-824, will I be able to file the form I-824 by myself as the applicant? Regards.
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Or the petitioner can file another I-130. Or you could try to write a letter to the USCIS office handing your AOS case telling them that you've left the country and asking them to transfer the petition to NVC, but I don't know whether they will do that.
 
newacct said:
Or the petitioner can file another I-130. Or you could try to write a letter to the USCIS office handing your AOS case telling them that you've left the country and asking them to transfer the petition to NVC, but I don't know whether they will do that.
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Thank you. I will write to NVC and see if they will take any action. If you find anything else, please do let me know. Have a great day.
 
newacct said:
Or the petitioner can file another I-130. Or you could try to write a letter to the USCIS office handing your AOS case telling them that you've left the country and asking them to transfer the petition to NVC, but I don't know whether they will do that.
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Hello newacct,

Good day! I would like to know can a lawyer will be able to file I-824 behalf of me as my petitioner is not willing to do it? Thank you.
 
Rodrigo96 said:
Hello newacct,

Good day! I would like to know can a lawyer will be able to file I-824 behalf of me as my petitioner is not willing to do it? Thank you.
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I am wondering why the petitioner is not willing to do it. If they are not willing to do anything for you then that is not good, as they will need to file another I-864 Affidavit of Support for you during this process.
 
newacct said:
I am wondering why the petitioner is not willing to do it. If they are not willing to do anything for you then that is not good, as they will need to file another I-864 Affidavit of Support for you during this process.
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Hello newacct,
Thank you for your message. My petitioner do not like to help me due to some personal issues. But I think I am legally entitled to apply as I am the spouse of the petitioner. Please correct me if I am wrong. Do you have any sudgestiongs for someone like me as I am unable to file I-824? Pleas advise. Thank you.
 
Rodrigo96 said:
Hello newacct,
Thank you for your message. My petitioner do not like to help me due to some personal issues. But I think I am legally entitled to apply as I am the spouse of the petitioner. Please correct me if I am wrong. Do you have any sudgestiongs for someone like me as I am unable to file I-824? Pleas advise. Thank you.
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Actually you're not entitled to apply simply because you're the wife. If the petitioner is not willing to petition or sponsor you again, there really isn't anything you can do about it.
 
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