485 denied..now what?

[sachinator]

Hi all,

I am new the forum but this seems helpful. Looks like PraetorianXI knows it all. Some help please....

My wife's 485 was denied due to abandonment for not making it to the interview which was scheduled for May 30th. We got the notice in mail on June 6th - after the date !! June 7th, we got a denial notice. Sucks big time The denial letter does not say anything about re-file or motion.

I've contacted 2 senators and a congressman but no help.
I have sent letters to the DAO and field office director but no help.
I just (July 1) filed a MTR (re-open) and have not heard anything yet.

Note my wife is on K3 and that expires late October 2008.

Here are a few questions:
1) Should I wait to hear back regarding the MTR?
2) Can I and should I file another 485 while MTR is still hanging?
3) Is is possible to get an extension on her K3 so she can travel. She needs to visit India in November for her mom's scheduled surgery, to take care of her for 2 weeks.
4) Can she be deported now even though she has her K3 vaild?

Two major issues we're facing are - she is illegal and that she REALLY needs to visit India in November. Someone please help us on this....I will look for a good lawyer but please any input would be great. Thank you in advance !!!

[PraetorianXI]

1) Should I wait to hear back regarding the MTR? Yes.
2) Can I and should I file another 485 while MTR is still hanging? You can.
3) Is is possible to get an extension on her K3 so she can travel. She needs to visit India in November for her mom's scheduled surgery, to take care of her for 2 weeks. Her AOS was denied, she can not travel with the K3, forget about it. If you refile I-485 you need to apply for an Advance Parole (i-131) and once that is approved then she can use that to travel.
4) Can she be deported now even though she has her K3 vaild? Yes. The K-3 is NOT valid, and she is out of status.

ps: i do not know everything.