I-131 RFE

[Lacana 0]

My husband entered as a K-1 last December 2018. We were married and we filed his LPR packet on June 21st of 2019. He did his bio-metrics and we were waiting for his work authorization and travel documents when his mother passed away suddenly on August 18th, 2019. He is from Honduras and they traditionally do not embalm and wait to have burial ceremonies. We did not have time to request an expedite process and he left on an emergency basis on August 19th, she was buried on the 20th of August. Since then I have been waiting for his travel documents (I-131) in the hopes that I would be able to travel to Honduras and bring him back. 

Today, I received and RFE on the I-131 stating that he traveled before the application was processed and we needed to show proof that he did not travel. I obviously can not show that proof because he did travel and is still there waiting for some type of document to allow him to enter the country again. 

I'm not sure if I should respond to the RFE explaining the extenuating circumstances with proof such as, the death certificate and letter from the church confirming her burial date etc. and request that they continue the application process? Or is there no other way around it other than reapplying? If we have to reapply, do I need to ask that they deny the complete LPR packet and reapply the whole packet or just the I-131? There is a section on the I-131 to have the documents sent to the consulate if you request it. 

With him outside of the country my funds are limited so I am trying to avoid having to pay the whole LPR application fees again and having to wait another year for him to enter the US again. 

If anyone can tell me what my options are I would really appreciate it. 

Spoiler

 

 

[Letspaintcookies 2,310]

You can try and give them those informations but actually you should have done that before he left. If they don't accept it then you would have to start from the beginning with a spousal visa. 

[Lacana 0]

Thanks Letpaintcookies, I did know we should of sent that info before he left but as I mentioned there was absolutely no time to do so. I figured we would have to reapply the whole application but I was hoping someone may have had the same situation and may have had a different outcome. Thanks again. 

[NancyNguyen 1,657]

Sorry but he has abandoned his I-485. There is nothing you can do now except restarting the immigration process through consular processing in a foreign country. This is a long and expensive journey. Good luck.

[flfreddy 92]

I had this discussion just with my K-1 turned wife...  if the same were to have happened, the USC will go to the country representing the K-1 person, use Facetime or whatever to the best of the situation.    I know its too late to say this, but future k-1 spouses can consider this option.