I-485 Denied

[Scandi 4,166]

8 hours ago, Loguz said:

Hi everyone! We received a letter saying my AOS application was denied earlier today. The interview back in August went well, and my combo card was in the mail the week after. We did however received an RFE for Birth Certificate shortly after. We were confused as to why they would request my BC since they already had it, but decided to send an original copy of my BC along with an official translation from my hometown in France. The form itself is in French but it is translated into 10 different languages. Turns out this document wasn't good enough and USCIS now considers my application to be abandoned. I should have provided a complete translation and certify it myself.

 

The first thing we did was getting in touch with an attorney who agreed to meet us tomorrow. If I'm not mistaken, we have the possibility to either file I-485 all over again or ask for a Motion to Reopen or to Reconsider using form I-290B. If I choose to file MTR, my presence may become unlawful between the moment I submit I-290B and the moment they agree to reopen. That's a risk I'm not willing to take. Did any of you follow this path? If so, how did it go and how long did it take?

 

The other option would be to file for AOS again. The denial letter states that my EAD will be revoked within 18 days of the notice unless I submit proof that my I-485 remains pending. The wording here confuses me. Does that mean I can keep working without interruption if I decide to fill a new I-485? If not, will I have to wait one more year or more as I did after submitting my original I-485?

 

Again, I'll be in touch with a lawyer tomorrow, but it would be very helpful to get some advice, feedback, or to read similar experiences from you guys. Hopefully, this post can also help applicants who just got an RFE for their birth certificate.

 

Thank you!

Abandoned? That sounds more like they never received the RFE response from you, and therefore denied your case based on "abandonment" (ie they requested something from you but you never responded to it). Are you sure they received the BC and translation?

[HRQX 4,145]

31 minutes ago, Scandi said:

Abandoned? That sounds more like they never received the RFE response from you

OP stated that the RFE was received after the I-485 interview in August, thus still within the response time: https://www.uscis.gov/newsroom/alerts/uscis-extends-flexibility-for-responding-to-agency-requests

[carmel34 3,633]

15 hours ago, Loguz said:

We received a letter saying my AOS application was denied earlier today. The interview back in August went well, and my combo card was in the mail the week after. We did however received an RFE for Birth Certificate shortly after. We were confused as to why they would request my BC since they already had it, but decided to send an original copy of my BC along with an official translation from my hometown in France. The form itself is in French but it is translated into 10 different languages. Turns out this document wasn't good enough and USCIS now considers my application to be abandoned.

What specifically does the denial letter say, regarding the reason(s) for the denial?  Did the letter state that the reason for denial was that the birth certificate was not acceptable?  Or were there other reasons listed related to evidence of a bona fide marriage relationship?  If the letter says your application is "abandoned" maybe the RFE response was not received or lost.  Hopefully your attorney meeting will be helpful in figuring out your next steps, but filing a new AOS package is typically faster than an appeal.  Good luck!

Edited October 3, 2021 by carmel34

[tony3841 2]

18 hours ago, Letspaintcookies said:

I'm not from France but I had an international birth certificate like you described it too and no problems with it.

same here from the netherlands

 

Sounds like they never received yours (OP)

[Loguz 6]

@tony3841 They did receive it, it was confirmed. Let me clarify:

 

We had included this very same document in our original application. We received the RFE immediately after the GC interview. The RFE was just a template, saying they needed my BC. We thought USCIS had simply misplaced the document so we resubmitted the same document that was submitted with the I-485. Only then do we get a denial, saying that they already have this document.

 

The sole basis for denial is the translation issue of the BC. According to the lawyer, if only the interviewer had noticed this deficiency, or USCIS had spelled out in the RFE the deficiency in the same manner as it did in the Denial, I would have the Green Card by now.

 

@tony3841 @Letspaintcookies Can you guys please show me what your translated BC looked like? Can I find a template online just so I can compare it with mine? Thank you!

[Letspaintcookies 2,310]

It won't let me upload but if you Google 'internationale Geburtsurkunde' you'll find pictures of it.

[Loguz 6]

39 minutes ago, Letspaintcookies said:

It won't let me upload but if you Google 'internationale Geburtsurkunde' you'll find pictures of it.

Wow. I just looked it up, it's the exact same document. This makes no sense. Thanks for sharing!

[Allaboutwaiting 2,503]

36 minutes ago, Loguz said:

Wow. I just looked it up, it's the exact same document. This makes no sense. Thanks for sharing!

Sometimes RFE's make no sense.

@rrobin0609can tell you about their experience, when they got an RFE requiring them to send an English translation for a British birth certificate. 🙄

 

There should be an option for you to file a free motion, as the denial was unfounded. I think you could contact the Ombudsman as your case was "improperly rejected by USCIS due to clear errors of fact or gross and obvious misapplication of the relevant law by USCIS."

 

Edited October 3, 2021 by Allaboutwaiting

[Letspaintcookies 2,310]

1 hour ago, Loguz said:

Wow. I just looked it up, it's the exact same document. This makes no sense. Thanks for sharing!

Thought so. Used it for the whole process without any problems. The only one who gave me a hard time was an old Lady at the DMV who couldn't understand the concept 🙄

[rrobin0609 387]

4 hours ago, Allaboutwaiting said:

Sometimes RFE's make no sense.

@rrobin0609can tell you about their experience, when they got an RFE requiring them to send an English translation for a British birth certificate. 🙄

Oof. That was a weird one...

 

Along with contacting the ombudsman and preparing with your lawyer, I would recommend giving your US representative a call. When my husband had the request for his BC to be translated from English to English, he mailed off two copies (one had a note saying "original language" and the other with a note saying "translated version" because he wanted to sass them). I called my reps office, faxed the required privacy release form, and then called the office back immediately; did not give them the option to say "we'll call you back". I was in contact with his office everyday asking for an update to see what they had done on their end and if they needed anything from me. I think it took two weeks for a real sort of answer, but they ended up expediting the case based on USCIS error.

 

I think when it was all said and done, USCIS admitted to having lost the BC, which I wouldnt be surprised if that's what the ended up doing to cause your RFE in the first place. Basically, USCIS is the worst.

[Vana 3]

Are you sure that the international certificate is accepted for France?  Maybe it was accepted at your K1 because they "know" the certificates and which ones are valid.  When someone in the US is reviewing it they are looking at this site France (state.gov) and it specifies:

Available

Fees:   There are no fees

Document Name: Copie Integrale de l’Acte de Naissance 

Issuing Authority:

• For persons born in France: “Copie Integrale de l’Acte de Naissance” are obtainable from la Mairie (Office of the Mayor) at the place of birth.
• For French nationals born in a foreign country: they are available from the Ministere des Affaires Etrangeres, Service de l'Etat Civil, 20 Allee Brancas, 44 - Nantes.
• For French nationals born in a French colony: they may be obtained from the Direction des Archives de France, Section Outre-Mer, 5 Bd. Barthou, BP 1056, 44035 Cedex Nantes

Special Seal(s) / Color / Format:  round black/blue/red inked stamp seal and/or dry seal

Issuing Authority Personnel Title:   Mairie or Ministere des Affaires Etrangeres

Registration Criteria:  online at https://www.service-public.fr/

Procedure for Obtaining: applicants must follow the online instructions

Certified Copies Available: No,  a French birth certificate is either a copy from the civil register  Or a computerized document but always with a dry and/or ink seal and signature

 

The German document list does mention an international form so maybe that is why it was fine for @Letspaintcookies.  I couldn't find the same for the Netherlands but perhaps they did consular processing for a CR1 in NL and they were ok with the BC (or someone reviewing it really didn't care....). 

[tony3841 2]

On 10/3/2021 at 1:42 PM, Loguz said:

@tony3841 @Letspaintcookies Can you guys please show me what your translated BC looked like? Can I find a template online just so I can compare it with mine? Thank you!

Like this : https://nl.usembassy.gov/dutchbirthcert/

[tony3841 2]

22 hours ago, Vana said:

I couldn't find the same for the Netherlands but perhaps they did consular processing for a CR1 in NL and they were ok with the BC (or someone reviewing it really didn't care....). 

I did K1 and AOS and now have 10 year GC. No issue ever came up with the BC (or anything else for that matter, and my packet for the 10 year GC was super light compared to what others seem to send)

[igoyougoduke 1,656]

just find a lawyer and file a lawsuit in civil court. dont waste time refiling i-485 if you submitted correct documents. I-485 refiling and applying will take another 24 months. 

[Loguz 6]

We filed I-290B, both motions to reopen and reconsider with an immigration attorney. I submitted a new Birth Certificate, translated and notarized along with the affidavit. My case was reopened about a week after. My permanent resident card was in the mail the week after that. I'm so happy USCIS reconsidered its initial decision and amazed at how quick the process was!

 

Thank you all for your help!