I-485 right away or whole package?

[geowrian 22,338]

There's a risk of the entire filing being denied if all required documents are not provided. They made a change to the rule to issue an RFE vs a denial fairly recently specifically to address the issue of filing a form expecting to be able to provide required documents later.

If denied, it could be refiled (with a new filing fee, of course) with USCIS up until they issue an NTA for immigration court. Then it could be filed with the IJ instead. Either way, you want to avoid dealing with an IJ whenever possible.

I'm not saying which is better...just pointing out that there is a risk of it being denied without the BC.

[azblk 338]

On 7/21/2019 at 12:11 AM, jthunderbird said:

Quick update...

 

We had a little delay because to get my IRS transcripts, I had to wait for a verification code to be sent to my house. Finally got it and have my I-864 all squared away.

 

Also have everything done for the I-485 except that my wife does not have a copy of her birth certificate and apparently it is a major pain for her to get one and could take a while.

 

My question now is, do I just submit the package minus the birth certificate so my wife can get legal again as quickly as possible or should we wait the (very possibly) months until we can get her family register form? I would rather get her legal as soon as possible and then when they review my 485, send me a request for her missing document (which we should have by then).

 

Even if it delays the whole process, getting her legal as soon as possible is my primary concern. Am I out of line with this thinking? Will her package get declined immediately because the certificate isn't in there?

 

Thanks guys!

You do not want to do this at this time. This is a classic place holder petition that the USCIS is cracking down on. You need to do everything possible to speed up the process of getting the birth certificate before you file. There are no guarantees that the USCIS will send a RFE for the missing BC. They could instead deny the whole petition and put your wife in removal since she is no longer in status. 

On a side note - where is your wife from? why is it very hard to obtain a BC from her country of origin? Can she get a certificate of non Availability instead?

[jthunderbird 0]

One last question... we should be getting a copy of her birth certificate tomorrow but it is completely in Japanese. I assume there has to be a translated copy included? Can my wife just translate it in an accompanying document or is there some other official thing needed?

 

Thanks guys

[geowrian 22,338]

1 minute ago, jthunderbird said:

One last question... we should be getting a copy of her birth certificate tomorrow but it is completely in Japanese. I assume there has to be a translated copy included? Can my wife just translate it in an accompanying document or is there some other official thing needed?

https://www.visajourney.com/content/translations/