Please help, extremly depressed.

[somesome007]

Hello, everyone,

I am extremely depressed right now and I need some seriously advice. Our I-485 case was denied and they want my wife to go back to her country ASAP. Here are our situation:

We filed our green card application at the mid of Dec 2016 and I submitted the application around the mid of Jan. We did not file for advanced parole (We never heard about this when we file) and she left the country around the mid of Dec. She came back around the end of Jan and they still let her enter the country (I guess our application date is really close to her entrance date, that why they let her in?). Since she left without the advanced parole, our I-485 is denied and she automatelly abandoned her student visa too. Does her entrance in US is unlawful because her F-1 visa is automatelly abandoned when we apply the green card? (I mean the they still let her in at the first place and we had no idea about the advance parole thing back then). I am truly shocked by the fact that I applied the green card for her with the intention to let her stay here with me and form a family. Now they are saying her present in US is contradictory to the law and she needs to leave the country without even finishing her school. I mean she only has one more semester left to finish her master program. I don't know what to say to her parents because I am the one promised everything will go smoothly. Is there any way that she can still stay here to finish her school? I don't care if they let her re-apply for a green card any more. I can give up my US citizenship and go to her country with her in the future. As long as she can finish her school.

 

[newacct]

I answered on another site, but here it is again so others can see it:
Just file a new I-485. Her previous I-485 was denied correctly, but she is 100% eligible to file a I-485 now. All that matters is that she entered the US with inspection, which she did. (As long as she went through a regular border crossing and they saw her and let her in, she entered with inspection. Even if she didn't have a visa and had no basis to be admitted, if they let her in, she entered with inspection; let alone that she entered with a valid visa and had a valid basis to be admitted.) Since your I-130 for her is still pending, she should attach a copy of the I-130 receipt to her I-485. She should NOT leave the US until she gets an Advance Parole or green card.