Spouse's I-485 denied, but mine approved?

[jmancanada]

My spouse and I both filed our I-485 adjustment of status applications together based off of me getting approved for an EB2 NIW green card. We are both foreigners and reside in the US. I was approved back in March 2023 and have my green card already. Hers was pending until today when we received her I-485 denial. They issued her 2 RFE's too, to which we responded on time, all to do with asking for proof that she maintained non-immigrant status whilst in the US. Spoiler alert: she did. Of course she did, but USCIS still denied it. We have submitted proof three times (initial application and 2 RFEs), attaching her receipt notices indicating approvals for her spousal visa while she was in the US. There was no gap between her spousal visa that would register her as inadmissible, they didn't even acknowledge these visa's in the denial letter and are just saying for the past 2 years that she's been out of status. We are frustrated to say the least.

Has this happened to anyone? This is pretty ridiculous as even my lawyer is stumped on the denial. Confirming that yes, we went through an immigration attorney to apply. I'm hesitant to file a motion to re-open, seeing as I don't want the same incompetent officer looking at the case again.

Having a call with them tomorrow about it all, but any advice or help is appreciated!

[newacct]

What do you mean by "approvals for her spousal visa"? Visa and status are different things; visas are only for entry and have nothing to do with one's stay. Do you mean approvals for Extension of Stay or Change of Status in the US, which came on an I-797A with a new I-94? What status was she on? Did she submit all her I-94s (both from entry and EOS/COS approvals)?

Also, since you guys are in an employment-based category, technically, she only needs to show that she hasn't been out of status for more than 180 days since her most recent admission.

[jmancanada]

newacct She was approved for a change of status while in the US. She entered on a B2, we got married a month later and she changed to TD status (spouse of a Canadian TN holder) which was approved. Very seamless in the approval for TD status. Then we applied together for I-485, I was approved and she was just denied. In the denial letter, USCIS completely disregarded or missed the fact that she was approved and on TD status for years and assumed she was out of status since the B2 expired!

We are filing a motion to reconsider based on USCIS error... Not sure if the same officer will realize their mistake though.