Shnosburries

I have already retained an immigration attorney and paid thousands of dollars to submit my wife's application and assist in the process, to include RFE responses, interviews, etc... If he doesn't know what he's doing and can submit inaccurate documents with no repercussions why did I sign retainer? Are you saying that I should fire him and retain an immigration attorney in South Korea to deal with U.S. Citizenship and Immigration Services?

Why would I pay an attorney to do a job that I already retained one for? If it was the right thing to do then why wouldn't be have done it when he originally received the RFE, before responding to it. There are plenty of Koreans on Visa-journey. There are two documents listed on Korea Travel.gov page under birth death and burial certificates. Why wouldn't it be a surprise if it were blank though? I didn't submit the response the the RFE my attorney did. Yes, I expect him to know what does and does not work in response to an RFE. The document was approved by USCIS during the K-1 visa process, the approved package is then forwarded to the NVC, then the embassy. I still think that they made a mistake. The legitimacy of the original document and the content of the translation are adequate to prove her eligibility.

I see you took down my original response.

We are trying to figure out whether to file a motion to reconsider, or a motion to reopen. It is tough to decide on this though as my attorney nor the USCIS Officer he spoke to understand the denial, they both agree that the evidence provided was adequate. Their discussion unfortunately does not change the fact that a decision was issue. The way my attorney explained it, if it is there error and we did in fact provide what was required, we file for a motion to reconsider. If we need to get the documents re translated so that the title states the exact (misinterpreted) RFE, then it is a motion to reopen as we would technically be submitting new evidence. USCIS will not answer that question, so it is up to him to take his best educated guess. I am still reeling that there was even an RFE for this... These documents are like her birth certificate, and it seems outrageous that he would submit her package without it. Even more outrageous that he would submit something that they didn't ask for when he did received an RFE. I am paying him to make very expensive mistakes.

My wife just received a Notice of Decision (denial) in response to her I-485. After speaking with our attorney, and an extremely helpful and friendly USCIS Employee (/s), they are saying that we submitted evidence, but not the right evidence. In an RFE USCIS asked for “the Basic Certificate (Detailed) and the Family Relation Certificate (Detailed); OR Submit the Family Census Register and the Family Relation Certificate (Detailed).” My Wife submitted those documents, titled "기본증명서(상세), and "가족관계증명서(상세)" on the original government documents. The title of the official translation in the notarized documents were "Identification Certificate (detailed)" and "Certificate of Family Relations (detailed type)". They acknowledged receipt. (I'd like to point out that the "Identification Certificate (detailed)" was previously used in a her K-1 Visa Application which was obviously approved) Fast forward to today, she receives a Notice of Decision stating essentially what is in the title. We are now working with our attorney to figure out how to move forward, but I'm a little worried after they asked me whether or not those are the right Korean documents (they are), and advised we retain a Korean attorney so that they can attest that these are in fact the ones asked for in the RFE. I thought that is what I was paying them for... Questions... Did USCIS not like the translation of the title? Did USCIS make a mistake? Does she leave the country and start another process? Do we file a motion to reopen, or motion to reconsider? See below for exact wording from letter… "On DATE, you responded to the Request for Evidence. You submitted: A letter from LAW FIRM regard to the RFE. A Notarial Certificate with translation from the applicant. A Identification Certificate (detailed) with translation from the applicant. A Certificate of Family Relations (detailed type) with translation from the applicant. After reviewing the evidence, USCIS has concluded that you are not eligible to adjust status because you failed to submit: The Basic Certificate (Detailed) and the Family Relation Certificate (Detailed) for the applicant, the Family Census Register and the Family Relation Certificate (Detailed) for the applicant, or acceptable secondary evidence of the applicant's birth and an original written statement on government letterhead stating the reason that the applicant's birth record does not exist. Any foreign language documents must be accompanied by a complete English translation. (The Basic Certificate (Detailed) “Gibon Jeungmyongseo (Sang Sae)” and Family Relation Certificate (Detailed) “Gajok Kwankye Jeungmyongseo (Sang Sae)” must both be submitted.) You have not established that you are eligible for adjustment under INA 245. Therefore, USCIS must deny your Form I-485. See 8 CFR, sections 103.2(b)(11) and (12)"