I-485 denied I-290b motion to reopen

R MK

New Member
Hi everyone, anyone had any experience with filing i290b motion for reopen/reconsideration for denied i-485?
Here’s the background

I filed an exceptional situation petition i-130 for my mother while we were stationed in korea due to my husband’s order to work in a military base here in US. My mother was listed in my husband’s order as one of his dependents. On the day of the immigration visa interview, after we paid for the visa, my mom was issued a 221g they requested for another document which was from our home country to be sent through the korean courier with her passport to obtain the immigrant visa.
The document requested was a police certificate from our home country. It took a long time before we received it to Korea and we ran out of time to mail it to the US embassy. We had to fly to US because of my husband’s report to duty date and my mother used her B2 visa to enter US. We emailed the US consular in Korea to transfer the case here to USCIS. Called USCIS and was told to apply for i485,131 & 765.
I-765 & 131 were approved and we received the EAD card. However after interview i-485 was denied, uscis stated that my mother was not eligible for aos because they said her i-130 was refused in US embassy. Refused meaning to say it’s on administrative processing due to the lacking document which was a Police certificate from out home country. We included the copy of that document with other evidence in the packet for i485, we even mentioned it on the cover letter. Before we received the denial letter we emailed the US embassy consular in korea and they replied that her case is still open on their end and once USCIS contact them then they will transfer the case. The problem is it’s uscis fault that they did not retrieve the petition i-130 from US embassy and they denied my mom’s i-485. We had the option to file MTR and we sent it through USPS express priority March 12, it was delivered and signed on March 13 but till now we haven’t heard anything. I am a US Citizen petitioning my mom.

Any body in the same situation? Any advice is greatly appreciated. Thank you for taking your time reading my post
 
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