I messed up badly

[elingeniero 0]

I am the petitioner. Sent in application for adjustment of status for my wife last may. October they sent it back with some errors and request for evidence.

Now they've said the petition is abandoned and that she needs to surrender her green card. #######!!!!!!

I've been trying to get their freaking evidence. Trips we took together, proof that we own a house together, and that she's the beneficiary on my life insurance I sent in, but it wasn't enough. I am having trouble doing more. Utility bills only show my name.

What do I do??????

[Penguin_ie 5,993]

Sorry to hear of your trouble. I am a little confused though:

- they mention she needs to give back a greencard, but if you are filing AOS, she wouldn't have a greencard yet?

- When did you send in the additional evidence? Was it within the timeframe given on the RFE?

- Are you sure it was received?

[KimberlyAhmed 28]

Did you send in the evidence already, or you are still trying to gather it to send in? On the RFE there is a date that they need to receive the documents by. If this didn't happen, then they will consider it abandoned.

[elingeniero 0]

Sorry to hear of your trouble. I am a little confused though:

- they mention she needs to give back a greencard, but if you are filing AOS, she wouldn't have a greencard yet?

- When did you send in the additional evidence? Was it within the timeframe given on the RFE?

- Are you sure it was received?

I made a mistake. This is in relation to an application for lifting conditions for permanent residence. I sent in the application and evidence for that. I haven't been able to scrounge up additional evidence they want. I thought I had a lot longer to get this done. Utility bills are impossible. Mods, if you need to move this to another forum, please do so.

Edited January 17, 2015 by elingeniero

[elingeniero 0]

Did you send in the evidence already, or you are still trying to gather it to send in? On the RFE there is a date that they need to receive the documents by. If this didn't happen, then they will consider it abandoned.

I must have missed that. On top of my ADHD. Argh.

[Boiler 45,499]

I think he means removal of conditions.

[elingeniero 0]

I think he means removal of conditions.

Right. At this point they are saying the petition is abandoned.

[Penguin_ie 5,993]

***** Moving from AOS to ROC forum for more answers, as this is the process the Op is asking about ******

[Taureti 12]

Bank statements, car insurance, health insurance, costco cards, gym cards, library membership, pictures ? Something, anything would work. But if you missed the date to return the RFE documents, then I don't know what to do at this point.

[raven52 233]

If we knew more about you it would help, as to what state you live in, as here where we live, I had my wife put on every thing and with just a phone call, telling them, "I am responsible for payment, but I want my wife added to the account to be able to speak to the company about any bills, or problems that arise. It was easy. Power, water, cable, even our car insurance.

This is real, documented proof, and very easy to get.

Could tell you more but we can tell nothing about you, as there is no time line filled out.

State laws vary from state to state.

[AnotherLostSoul 167]

OP: I think you waited way too long. If you got RFE back in May 2014 on your ROC application process, today is basically 8 months ago. You cannot wait that long for an RFE. I am not sure the exact time, but if my memory doesn't fail on me (anyone can correct on this since I really don't remember for sure) you have 90 days to submit evidences for an RFE from the date it was mailed to you. You are now gathering evidences for an RFE that was issued to you in May? Or am I misunderstanding you? I may. However, if I am not misunderstanding you, I really don't know what I could advice you on since then yes, you have abandoned the application. Although not sure what green card they want your wife to surrender..the one that expired already? Maybe. Anyway, I would try to make an infopass with them and try to convince them to reinstate your ROC application and mail away immediately (once they reinstated your application) all the evidences you have gather, enough or not. However, if they don't willing you help you out then I'm afraid you'll have to go through the whole AOS process again with your wife. It is an expensive lesson, but a learned lesson. Very sorry to hear that! All the best to you!

Oh now I see it was October they sent you the RFE...than maybe it is less than 90 days as I thought and that's where you "fell out of the deadline"? Same idea though...try to make an infopass and see if they are willing to reinstate your ROC application. Sorry about mixing up your dates there...

[elingeniero 0]

If we knew more about you it would help, as to what state you live in, as here where we live, I had my wife put on every thing and with just a phone call, telling them, "I am responsible for payment, but I want my wife added to the account to be able to speak to the company about any bills, or problems that arise. It was easy. Power, water, cable, even our car insurance.

This is real, documented proof, and very easy to get.

Could tell you more but we can tell nothing about you, as there is no time line filled out.

State laws vary from state to state.

Thank you for replying.

Sent I-751 packet in on May 9, 2014; her 2 year green card expired May 18. August 29, they sent RFE. I was supposed to reply by November 21.

I did send in:

* a bank statement with both our name on it

* screen shots of our bank account webpages showing mutual access to bank accounts

* screen shot of the Hennepin county website showing shared ownership of our home

* documentation showing my wife as beneficiary on my work benefits: 401K, life insurance policy, etc.

* itineraries and plane tix for our vacation in Mexico, October 2013

I know I sent other stuff. I didn't make a second application packet and a hard drive crash took care of the electronic copies. Argh.

I have my wife authorized on phone, gas and electric bills, but all the bills the send only have my name on them.

[elingeniero 0]

OP: I think you waited way too long. If you got RFE back in May 2014 on your ROC application process, today is basically 8 months ago. You cannot wait that long for an RFE. I am not sure the exact time, but if my memory doesn't fail on me (anyone can correct on this since I really don't remember for sure) you have 90 days to submit evidences for an RFE from the date it was mailed to you. You are now gathering evidences for an RFE that was issued to you in May? Or am I misunderstanding you? I may. However, if I am not misunderstanding you, I really don't know what I could advice you on since then yes, you have abandoned the application. Although not sure what green card they want your wife to surrender..the one that expired already? Maybe. Anyway, I would try to make an infopass with them and try to convince them to reinstate your ROC application and mail away immediately (once they reinstated your application) all the evidences you have gather, enough or not. However, if they don't willing you help you out then I'm afraid you'll have to go through the whole AOS process again with your wife. It is an expensive lesson, but a learned lesson. Very sorry to hear that! All the best to you!

Oh now I see it was October they sent you the RFE...than maybe it is less than 90 days as I thought and that's where you "fell out of the deadline"? Same idea though...try to make an infopass and see if they are willing to reinstate your ROC application. Sorry about mixing up your dates there...

If the expense is only money, I can live with that.

[Pinkrlion 2,719]

Since you missed the November deadline, the ROC was considered abandoned due to no response to the request. I would contact a lawyer now, and her GC has been terminated.

[milimelo 4,477]

You'll have to start all over - I-130 and I-485 as LPR status is abandoned through the GC she had before.