Hi,
I filed I140/485 on 10/23/2003 in VSC. My wife filed I485 as dependent with me together. My I140 approved on 12/1/2004. Our I485 files were transfered to New York local on 12/8/2004.
On 11/22/05, my I485 was transfered back to VSC (local office transfered back to VSC around 8000 files to reduce backlog), but my wifes file was left at local office (by mistake) and got an interview letter. Because a medical emergency, she couldn't went for the interview and noticed local office as required (we have all the evidences, including local office time stamped paper). But we received a letter later that my wife's I130 application (it should be I485!) was denied because she didn't show up for interview and "refused" to inform local office. We filed a "Reconsider" application with all the evidences attached, and was told that it may take 2 - 3 years for a decision whether her file can be reopened. If during the waiting time, my I485 is approved, her case would be changed to "residence apply greencard for spouse", which means more waiting time.
my questions are:
1. Can she file another I485 at VSC and cancel the "reconsider" application?
2. Since my I485 is still pending, as dependent, can she file another I485 now ? or she has to wait for my I140 become current?
3. If she file another one, does she need to explain why and provide evidences or just file the regular way?
Thanks for all suggestions.
I filed I140/485 on 10/23/2003 in VSC. My wife filed I485 as dependent with me together. My I140 approved on 12/1/2004. Our I485 files were transfered to New York local on 12/8/2004.
On 11/22/05, my I485 was transfered back to VSC (local office transfered back to VSC around 8000 files to reduce backlog), but my wifes file was left at local office (by mistake) and got an interview letter. Because a medical emergency, she couldn't went for the interview and noticed local office as required (we have all the evidences, including local office time stamped paper). But we received a letter later that my wife's I130 application (it should be I485!) was denied because she didn't show up for interview and "refused" to inform local office. We filed a "Reconsider" application with all the evidences attached, and was told that it may take 2 - 3 years for a decision whether her file can be reopened. If during the waiting time, my I485 is approved, her case would be changed to "residence apply greencard for spouse", which means more waiting time.
my questions are:
1. Can she file another I485 at VSC and cancel the "reconsider" application?
2. Since my I485 is still pending, as dependent, can she file another I485 now ? or she has to wait for my I140 become current?
3. If she file another one, does she need to explain why and provide evidences or just file the regular way?
Thanks for all suggestions.