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Process and forms for Consular Processing after I-485 abandonment

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  • Process and forms for Consular Processing after I-485 abandonment

    My wife made an emergency trip home w/in a week of scheduled interview and abandoned her I-485. We now want to file a new I-130 and petition the National Visa Center to send the file to the State Department for Consular Processing in country.
    I believe I need to send new I-130, and all the supporting documentations just like the last time but what else is necessary.

    Are there any other forms or information we must be included with this filing due to the following:

    1. The missed interview.
    2. The abandonment of the I-485.
    3. The Request for Consular Processing.

    After receipt of USCIS rejection letter, I immediately send a certified letter explaining and apologizing to the USCIS. At the time of our emergency we called our attorney only to find she had died weeks before but no one had informed us. As a result we didn’t get the representation at the time we most definitely needed it. I assumed the Attorney’s office would also cancel the interview with USCIS when they learned my wife left the US but that apparently didn’t happen either.

  • #2
    Your I-130 should still be valid, and you should be able to continue its processing at the National Visa Center. The NVC won't forward your i-130 to your wife's country until you pay the two fees ($88 and $230) and send sponsorship and civil documents to the NVC.

    Your cancellation should have been of the I-485 only, not your I-130.

    --Ray B

    Originally posted by windboater View Post
    My wife made an emergency trip home w/in a week of scheduled interview and abandoned her I-485. We now want to file a new I-130 and petition the National Visa Center to send the file to the State Department for Consular Processing in country.
    I believe I need to send new I-130, and all the supporting documentations just like the last time but what else is necessary.

    Are there any other forms or information we must be included with this filing due to the following:

    1. The missed interview.
    2. The abandonment of the I-485.
    3. The Request for Consular Processing.

    After receipt of USCIS rejection letter, I immediately send a certified letter explaining and apologizing to the USCIS. At the time of our emergency we called our attorney only to find she had died weeks before but no one had informed us. As a result we didn’t get the representation at the time we most definitely needed it. I assumed the Attorney’s office would also cancel the interview with USCIS when they learned my wife left the US but that apparently didn’t happen either.

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