Marriage based I-485 denied due to missing notarial certificate of birth.

[xltang01]

Hi all,

I'm a U.S. citizen. My wife came to U.S. with a K1 visa. We got married in U.S. in November 2019. I filed I485 along with I131 and I765 for her in December 2019. Everything went smoothly until we got a RFE in February 2020 asking my wife's notarial certificate of birth.
THIS IS WHERE I SCREWED UP but anyway, I responded with a translated version of the cert (by a notary) BUT I didn't send in the original. Thus right now we got a notice of decision saying that we failed to submit what USCIS asked and got our I485 denied.

The notice says that I cannot appeal the decision but can file a motion / appeal. I have 30 days to respond starting from 3/30/2020 and my wife has to deport U.S! My question is: is filing I290B and ask for motion to reopen my case is the best option here? I mean it is a mistake made by me but I do have the required document to supplement. Please help if any of you have experience.

P.S. when they ask for "notarial certificate of birth" does it mean "birth certificate" which is issued by my wife's local authority (hospital with seal) from her country?

[Mkc]

I think it’s the original copy they needed to see to make confirmation. Sorry to hear but try again.

[Enub4]

I have read that sometimes people file a motion to reopen sending the correct requested documents. Other times they prefer to send a new I-485 package. I don't know how the K1 visa plays here, so I'm sorry I can't say if a motion to reopen and/or file again is the best option.

Another thing, if you need to file again, now you will need to use form I944 too and it has many new requirements. What I would do is ask the lawyer if I had one, if not send the motion to reopen with the correct documents and start preparing a new I485 package to send if they deny the motion.

Maybe someone else here can give you more/better information. Or consult an experienced lawyer. Good luck.