Denial

[Mavgz 0]

I filed a petition 130for my wife  her adjustment of status all at the same time. Pay all the fees. She got her employment authorization back in October, I received a notice requesting her divorce certificate translated which I sent on time. After that in December they sent me a denial for her I-130 because the translation was not a full translation. The denial  says that I am able to appeal. I read everywhere that An appeal is a waste of time and that I should reapply all over again even thought  I sent all the evidence. Should I reapply and do everything all over again which is a lot of money ? or should I appeal which is going to cost me $110. Please do not tell me to hire an attorney, I got COVID, and I am barely making enough money to survive.

[JeanneAdil 6,655]

do not confuse an appeal for a spouse visa with an appeal for a wrong AOS decision 

You will have to appeal this to get her AOS 

[NancyNguyen 1,658]

It is not wrong decision by USCIS, you failed to fulfil RFE. Your appeal will be another waste of time and money. 

[Marieke H 2,523]

So was the translation you sent a full translation or not? If you sent a full translation, including a statement from the translator certifying that the translation is complete and accurate, appealing the decision would make sense. If you failed to send the full translation including a statement from the translator, you simply did not comply with the RFE and the only thing you can do is reapplying.

[Mavgz 0]

5 hours ago, Marieke H said:

So was the translation you sent a full translation or not? If you sent a full translation, including a statement from the translator certifying that the translation is complete and accurate, appealing the decision would make sense. If you failed to send the full translation including a statement from the translator, you simply did not comply with the RFE and the only thing you can do is reapplying.

I believe it was a full translation. However, I got a new one by another translator. Do you think is worth filing Eoir29? That is specifically what they’re for in the letter. 
If I reapply for I 130 and AOS do we have to pay for everything again?

how long it takes to process a eoir29?

[Marieke H 2,523]

12 hours ago, Mavgz said:

I believe it was a full translation. However, I got a new one by another translator. Do you think is worth filing Eoir29? That is specifically what they’re for in the letter. 
If I reapply for I 130 and AOS do we have to pay for everything again?

how long it takes to process a eoir29?

Maybe first have your wife look at the translations, and see if what you sent in response to the RFE was a complete translation?

 

If your response to the RFE was a complete translation certified by the translator, appealing the denial would make sense. I don't know what the processing time is. You would have to show that what you submitted as a response to the RFE was indeed complete (this means that both translations you have now should be fairly similar).

 

If your response to the RFE was an incomplete translation, or if it was not certified by the translator, your RFE response was simply insufficient and appealing would not help. You would then have to refile and pay the fees again.

[Ryan H 3,834]

Moved from What Visa Do I Need - Family Based Immigration forum to Adjustment of Status from Work, Student, & Tourist Visas forum.