Megh Tu
Feb 28, 2024
interfile 485 or cancel abeyance request
Hi all,
my 130 was approved Feb 2022
interview for 485 was Jan 2023 but my spouse refused to attend: I attended the interview solo with my lawyer. case was strong cos spouse and I already had a child and a house together plus second child on the way.
based on lawyer advice, filed for vawa Feb 2023 after 485 interview.
received rfe from the 485 interview requesting proof of covid vaccine. My lawyer also requested they hold my 485 in abeyance. No updates on the 485 since then.
vawa 360 receipt notice was received March 2023. receipt notice has no priority date (it’s blank)
I am wondering if my lawyer should cancel the abeyance request and ask them to adjudicate the 485 on its own merits with the approved 130.
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Bekind 2eachotherMar 1, 2024
@Megh Tu it is sad you were in that situation. It best to consult with your lawyer before you take any action, by the way I think you do need the qualifying relative to apply for i485, therefore if you have already filed vawa I would stick to that since you mentioned you had a strong case. if you cancel the abeyance hold, your i-485 would be automatically denied and you would need to refile it if your vawa get approved. I would just wait if I were you since you are close to getting approved for vawa.
