I got my green card approval in February 2004 through Employment. My wife application was still pending at that time. My wife left for India on April 30th, 2004 and is still there. At the time of her leaving the US she did not have her Advance Parole with her. After she left we realized that she had not filed for it either. In February of 2005, I received an RFE from INS for my wife to complete Medical (some shots were not taken). Since she was not here in the US and also since she did not have the Advance Parole, she could not come back to complete the Medical. In June 2005, her application was denied as per 8 C.F.R103.2(b)(13) - "application or petition considered abondoned".
I have a couple of questions about our current situation:--
1. Can we start/restart her Green Card application again?
2. If yes, then under what category can we apply?
3. Will denial due to abondonment have any adverse impact on her new application?
4. Can she get any type of visa to come/visit the US?
Some important dates:--
1. 485 Filed for Self :-- Dec 2001
2. Date of Marriage :-- February, 2002
3. Sposue Entered US on Valid H4 (March 2002)
4. Date of 485 Filed for Spouse :--- April/May 2002.
5. Sposuse Travelled to India on Advance Parole (Aug 2002, return Sep 2002)
6. Green card Approval -- Self -- February, 2004.
7. Wife left for India -- April 2004
8. RFE issued February 2005,
9. Denial - June, 2005.
Please let me know what are our options.
Any help/advice is greatly appreciated.
Thanks
I have a couple of questions about our current situation:--
1. Can we start/restart her Green Card application again?
2. If yes, then under what category can we apply?
3. Will denial due to abondonment have any adverse impact on her new application?
4. Can she get any type of visa to come/visit the US?
Some important dates:--
1. 485 Filed for Self :-- Dec 2001
2. Date of Marriage :-- February, 2002
3. Sposue Entered US on Valid H4 (March 2002)
4. Date of 485 Filed for Spouse :--- April/May 2002.
5. Sposuse Travelled to India on Advance Parole (Aug 2002, return Sep 2002)
6. Green card Approval -- Self -- February, 2004.
7. Wife left for India -- April 2004
8. RFE issued February 2005,
9. Denial - June, 2005.
Please let me know what are our options.
Any help/advice is greatly appreciated.
Thanks