I-485 denied then MTR and re-fill

[wenl]

My I-140(NIW) was approved in April,2004. I filed for I-485 in Jan, 2003. At that time I did not submit medical since my laywer suggested to send it later when asked. When I found my I-140 approved, I submitted my and my husband's I-693 w/o being requested. July, 2004, INS asked for our I-693 and my recent 3 payrolls. I sent them again and there was update in their website. In Agust, 2004, they asked the same thing again, and I resent everything and they updated to say receive my response. Feb, 2005, I received their denial letter to state they receive my other documents (means my paystubs) but not I-693. 3 Mar, 2005 I filed motion to re-open and at the same month I re-filed our I-485. My question is: MTR is still pending, does everybody have similair experience how long it will take? Is my re-filing I-485 affect MTR? Thanks a lot

 

[rdip]

when you say you sent the medical again ...did you send a copy of the old one or a fresh medical done??? If the medical was within valid duration they will/should reopen the case. Is the MTR and re-filed 485 at the same service center? I think you did well to re-file 485 because even though with MTR they should re-open the case on BCIS motion but the new 485 might be processed faster (as motions generally take a longer time).
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(personal opinion only....when in doubt..consult a lawyer....and I am not one!!!)

 

[wenl]

Thank you, rdip. Everytime I aksed the doctor re-fill the form and sign. MTR and re-file all went to Vermont center. From this forum, I fould most MTRs happened in less than 2 months, is that right? The processing date is from 30-180 days. But, I-485 will take 1.5 year. I do not know if it is right or not. Any inputs are appreciated.

 

[rdip]

I would do both (MTR and re-file 485)...then its luck of the draw which one will get adjudicated first. In the re-file you can mention that the previously filed 485 was erroneausly denied because of "...oversight of submitted medical by the service..." and that you are re-filing in the interest of time for expeditious adjudication of your adjustment of status.

 

[wenl]

That is a very good point. Unfortunately, for re-file, I changed a new laywer. She did not mention anything becuase she thought explaining too much will make things complicated.