I -485 interview tragedy-please advise

M

momok12

New Member
I had an I- 485 interview on 7/9/2009, based on a Petition I filed for my wife. A conditional residence card was mailed to her way back in 1997 from a previous marriage( before I met her). She did not receive the card because she left the abusive husband just after they had the interview. We have been married for three years now with 2 kids. We attended my interview last week, and the 485 was denied on the basis that the still have her on records as a conditional residence since 1997, therefore she cannot apply for Adjustment of status while still a conditional resident.
How can conditional residence be valid for 12 years, when infact a permanent card is valid for only 10 years, or has to be renewed every 10 years? Besides, I thought that If one fails to file a form I-751, you residency automatically terminates immediately after the 2nd anniversary of the marrige.
The denial letter gives the option of filling a Motion To Reopen or motion To Reconsider. Is the denial an error? and what should I do?
 
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On the above denial:
My lawyer filed a request for decision reversal, it was granted as shown below:

"After complete review of the record of proceeding, including your motion , the grounds for denail have been overcome. Your application is now pending. Yuo will be notified by mail of another appointment date."

the Field office Direstor

We did get a notice for a second interview sheduled for the 08/04/09. We attended the interview, the adjudication office said there was a heated argument among them (officers) over my wife;s case. We did not get a decision again that day, he promised a decision within 7 days.
What is going on and who can predict the outcome?

Momok12
 
momok12 said:
On the above denial:
My lawyer filed a request for decision reversal, it was granted as shown below:

"After complete review of the record of proceeding, including your motion , the grounds for denail have been overcome. Your application is now pending. Yuo will be notified by mail of another appointment date."

the Field office Direstor

We did get a notice for a second interview sheduled for the 08/04/09. We attended the interview, the adjudication office said there was a heated argument among them (officers) over my wife;s case. We did not get a decision again that day, he promised a decision within 7 days.
What is going on and who can predict the outcome?

Momok12
Click to expand...

Damn, good luck. If she is approved, she will get a 10 yr PR card, that's the good news!
 
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