I-485 Denied....filing I-290B motion to reopen (merged)

[PCraig08 0]

Hello everyone,

My wife is Turkish and when we filed the I-485 (originally here on K-1 fiance visa, married now!) we submitted her National ID card (translated) but not an actual Birth Certificate as Turkey does not have official Birth Certificates. We were denied on this basis. We now know that we should have gone to the Turkish Embassy to get the form Birth Extract (nufus kayit ornegi), which serves as the Turkish equivalent along with a stamped and signed note from the Embassy explaining this. We will now submit form I-290B with this new document and an explanation.

Questions:

Does anyone have experience with this and does this sound like it will now be approved?

When we submitted form I-485 we also submitted forms I-131 (travel permit) and form I-765 (employment permit)... Will these applications be automatically renewed/approved if the I-290B succeeds in getting the I-485 approved? Or would we need to resubmit them all over again? (with the fees that are waived if submitted concurrent with form I-485).

 

Thank you so much for any help

Edited January 14, 2019 by Penguin_ie

[payxibka 10,044]

17 minutes ago, PCraig08 said:

Hello everyone,

My wife is Turkish and when we filed the I-485 (originally here on K-1 fiance visa, married now!) we submitted her National ID card (translated) but not an actual Birth Certificate as Turkey does not have official Birth Certificates. We were denied on this basis. We now know that we should have gone to the Turkish Embassy to get the form Birth Extract (nufus kayit ornegi), which serves as the Turkish equivalent along with a stamped and signed note from the Embassy explaining this. We will now submit form I-290B with this new document and an explanation.

Questions:

Does anyone have experience with this and does this sound like it will now be approved?

When we submitted form I-485 we also submitted forms I-131 (travel permit) and form I-765 (employment permit)... Will these applications be automatically renewed/approved if the I-290B succeeds in getting the I-485 approved? Or would we need to resubmit them all over again? (with the fees that are waived if submitted concurrent with form I-485).

 

Thank you so much for any help

There is an entire forum dedicated to AOS.  That is the place to try first  to get an answer

[PCraig08 0]

Ok thanks

[accumbyte 148]

21 minutes ago, PCraig08 said:

Does anyone have experience with this and does this sound like it will now be approved?

For the I-290B you need to prove that USCIS made an error thus you are unlikely to prevail with I-290B since the I-485 instructions are clear. The best route is to file new I-485, I-765, and I-131 and only pay a new $1225 I-485 fee.

Edited January 13, 2019 by accumbyte

[PCraig08 0]

Just now, accumbyte said:

For the I-290B you need to proof that USCIS made an error thus you are unlikely to prevail with I-290B since the I-485 instructions are clear. The best route is to file new I-485, I-765, and I-131 and only pay a new $1225 I-485 fee.

My understanding is that an "appeal" or "motion to reconsider" is contingent upon USCIS having made a mistake, however the "motion to reopen" allows for new information to be submitted that would address the reason for denial. We would take this route. 

[accumbyte 148]

32 minutes ago, PCraig08 said:

My understanding is that an "appeal" or "motion to reconsider" is contingent upon USCIS having made a mistake, however the "motion to reopen" allows for new information to be submitted that would address the reason for denial. We would take this route. 

A new I-485 packet is the safer route, IMHO. Here is a thread (and if you didn't receive a RFE or NOID, it's recent policy): https://forums.immigration.com/threads/urgent-parent-485-denied-based-on-birth-certificate.292716/ In the likely situation the I-290B MTR is denied, she'll need to submit a new I-485 packet with $1225 anyway.

[Ontarkie 13,915]

~~Moved to AOS Family K1/K3, from K1 P&P. Duplicate post removed. When noticing you posted in the wrong forum you can report the thread and a moderator can move it for you.~~

[PCraig08 0]

Ok thanks, how do i find the new place where you posted it?

[Naes 12,205]

2 hours ago, PCraig08 said:

Ok thanks, how do i find the new place where you posted it?

Send both extract from embassy and also try to get formul A birth certificate. There were some problems with officers not knowing what to do with vital extracts and the embassy was explaining this to me. (I’m also Turkish)

[PCraig08 0]

Hello everyone,

My wife is Turkish and when we filed the I-485 (originally on K-1 fiance visa, married now!) we submitted her National ID card but not an actual Birth Certificate as Turkey does not have official Birth Certificates. A few weeks later we received an RFE saying the document needed to be translated into English. I had this done and resubmitted right away however we were denied for failure to provide a birth certificate.  I now know that our application would never have been accepted with only the National ID and that we should have gone to the Turkish Embassy to get the form Birth Extract (nufus kayit ornegi) which serves as the Turkish equivalent.  We did this the day after receiving the denial letter and also got a stamped and signed note from the Embassy explaining this. We will now submit form I-290B under the "Motion to re-open" category (provide new evidence) with this new document and an explanation.

Questions:

Does anyone have experience with this and does this sound like it will now be approved?

When we submitted form I-485 we also submitted forms I-131 (travel permit) and form I-765 (employment permit)... Will these applications be automatically renewed/approved if the I-290B succeeds in getting the I-485 approved? Or would we need to resubmit them all over again? (with the fees that are waived if submitted concurrent with form I-485).

 

Thank you so much for any help

[NJShoreMom 42]

1 hour ago, PCraig08 said:

Hello everyone,

My wife is Turkish and when we filed the I-485 (originally on K-1 fiance visa, married now!) we submitted her National ID card but not an actual Birth Certificate as Turkey does not have official Birth Certificates. A few weeks later we received an RFE saying the document needed to be translated into English. I had this done and resubmitted right away however we were denied for failure to provide a birth certificate.  I now know that our application would never have been accepted with only the National ID and that we should have gone to the Turkish Embassy to get the form Birth Extract (nufus kayit ornegi) which serves as the Turkish equivalent.  We did this the day after receiving the denial letter and also got a stamped and signed note from the Embassy explaining this. We will now submit form I-290B under the "Motion to re-open" category (provide new evidence) with this new document and an explanation.

Questions:

Does anyone have experience with this and does this sound like it will now be approved?

When we submitted form I-485 we also submitted forms I-131 (travel permit) and form I-765 (employment permit)... Will these applications be automatically renewed/approved if the I-290B succeeds in getting the I-485 approved? Or would we need to resubmit them all over again? (with the fees that are waived if submitted concurrent with form I-485).

 

Thank you so much for any help

 

[NJShoreMom 42]

I wish I had an answer for you!  However I will be watching this post carefully since we just started the process ourselves, my daughters fiancee is a Turkish citizen, and we are in the process of filling out the forms and gathering evidence!  Good luck to you!!!

[Hypnos 6,576]

Any appeal is unlikely to be successful, as others have stated. You must show that USCIS' decision was made in error. If you didn't submit a required document then the error was yours, and your appeal will likely be rejected on that basis. 

 

Put it another way: your appeal might work, but a fresh I-485 with all necessary supporting documents will almost be guaranteed to work. It's reasonably straightforward to discern which option stands the greater chance of success. 

[PCraig08 0]

13 minutes ago, Hypnos said:

Any appeal is unlikely to be successful, as others have stated. You must show that USCIS' decision was made in error. If you didn't submit a required document then the error was yours, and your appeal will likely be rejected on that basis. 

 

Put it another way: your appeal might work, but a fresh I-485 with all necessary supporting documents will almost be guaranteed to work. It's reasonably straightforward to discern which option stands the greater chance of success. 

Ok thank you. Just to clarify, there is an important distinction here that wasn't addressed in the response.  The I-290B has 3 distinct categories. I will not be filing an appeal (which WOULD require that USCIS' decision was made in error.) I will be filing a motion. There are 2 types of motions: A motion to reconsider (which would also require that USCIS' decision was made in error) and a motion to reopen (which does NOT require that USCIS' decision was made in error, but rather that new information is being submitted).  I will be filing a motion to reopen and providing the document that had been missing previously.   It would seem this is the exact definition of when to use a motion to reopen. 

Edited January 14, 2019 by PCraig08

[Hypnos 6,576]

"A motion to reopen must state new facts and be supported by documentary evidence. Resubmitting previously provided evidence or reasserting previously stated facts will not meet the requirements of a motion to reopen." 

 

I'm not sure what new facts you have available that would enable the decision to be changed. 

 

I don't think you will be successful, but it's your time and money. 

Edited January 14, 2019 by Hypnos