I-485 Denial for abandonment

[sakerfe]

My wife left the US while her application I-485 AOS was in process (I'm the main applicant). My son and I have been already interviewed.

Is it possible that we get all three a denial or just her?
Do you know the timing and could be the next step?
Do you recommend to put in place a lawyer or local USCIS get upset?

Thank you everybody.

[MaryH]

I wondering if u could give some information: who is the petitioner for u all and what kind of Case is it, eg I-130?

[sakerfe]

I wondering if u could give some information: who is the petitioner for u all and what kind of Case is it, eg I-130?

Thank you MaryH
I do not know what is I-130. Mine is just a I-485 for winning a DV lottery in 2015. That's all. I filed beginning of October 2014

BUT NOW I HAVE A BIG BIG TROUBLE
I am the petitioner (as I wrote I'm the main applicant). Now I discovered after reading some cases, that if my son and I receive the Green Card, my wife that left the country without parole (whose E1 Visa is linked to mine), she'll go out of status and could be obliged to go out US.

I made two big mistakes. First not to go to a lawyer since the beginning, second not making a I-131 advance parole, but it was not written nor suggested in the USCIS info on I-485 instructions. I have given everything to a lawyer to reapply for her without having received the denial letter.

The questions I have are:
1) one one hand should be good to have cases together and wait USCIS to process her refile (is everything a local USCIS competence?) and get cards together but if this gets too long I may risk to have no more green card available.
2) On the other hand my son and I to receive the GC and ask for a waiver to avoid my wife is forced to leave the Country

How do you see my case?
Thank you

[MaryH]

No offense, but it really rubs me when applicants after submitting their cases travel, before obtaining the necessary documents. However, I'm not able to give u legal advise and I think u do need some. It's tough, since I'm reading unsatisfied applicants r after attaining a lawyer. Have you contacted uscis or try to make an info pass on her behalf since you are the head one. I doubt, however, they will retrieve you and your son's card; so u can stop worrying about that part. If prior to receiving a denial letter, you could write uscis and explain her situation and heat their suggestions. Knowing that if she is denied because of abandonment, she could re apply. U must seek their advise......

[sakerfe]

No offense, but it really rubs me when applicants after submitting their cases travel, before obtaining the necessary documents. However, I'm not able to give u legal advise and I think u do need some. It's tough, since I'm reading unsatisfied applicants r after attaining a lawyer. Have you contacted uscis or try to make an info pass on her behalf since you are the head one. I doubt, however, they will retrieve you and your son's card; so u can stop worrying about that part. If prior to receiving a denial letter, you could write uscis and explain her situation and heat their suggestions. Knowing that if she is denied because of abandonment, she could re apply. U must seek their advise......

Thank you MaryH you don't know how much you are helping me in this moment of my life which is a bit complicated also because of this mistake. That's very kind of you.

I understand your disappointment but I didn't read carefully the I-485 instruction about travel outside US. We thought it was allowed. My mistake.

Can you explain better what do you mean with "doubt they will retrieve our cards?" I'm not native English. Does it mean that in your opinion they will send us the cards regardless of my wife's one?

Concerning the second part of you answer, yes I have contacted USCIS but every time I received a different answer: 1) reapply immediately 2) wait for her case cancellation in the system 3) Apply even if it's not cancelled in the system 4) wait for a denial letter 6) we'll send you a letter in few days... etc. etc. All different answers and very confusing

I have given everything to a lawyer who has written the letter you are mentioning to explain the case along with the documentation for reapplication.
I'll wait for your estimated opinion
regards
sakerfe