I am on H1B
status valid until 01/15/2019. My wife filed Form I-539 on January 22, 2016, and received a Request For Evidence notice in July, asking for my I-94
form and my pay records.
She sent the required document back within the required time slot but forgot to include the original notice(Blue Sheet) with the mail.
On November 01, she received the decision letter with Abandonment Denial. The reason is that "USCIS issued a request for evidence providing you 30 days in which to respond. That time period has elapsed and, as of this date, there is no record of a response to that request." The decision was dated on Oct 25, 2016.
Apparently, they didn't receive my wife's letter (or they received but they could not match the document with her case since the original notice was not attached to the mail).
My wife's I-94 was expired January 2016. So she is now out of status.
1) Could we file a Motion to Reopen? She did send the document and has USPS delivery proof, but as mentioned, she did make a mistake without including the original notice.
2) If she opts to go back to China to get a new H4 visa, she can only depart around end of November since we have a 7-month daughter who is on breastfeeding, and we need to apply for passport and travel document for my daughter so she can travel with my wife. At that time, my wife will be overstaying for about a month; my question is: will this be an issue during the visa interview ? How could she explain the overstay
when asked by the visa officier?
Thank you so much!