IR1/CR1 August 2017 filer- Progress or Reports

[cherpd2002 1]

Hello everyone!

I am a newbie. My sis went through the K1 process and I am yet to receive NOA 1 after over 2 months of filing via an Immigration Lawyer. Believe the secretary and/or lawyer has duped us. Forgive the length of my story.

 

PD-9th August, 2017 

Lawyer - Dated our PD - 15th, August, 2017

Location: I am within the US 8/08/2017 

I94-02/07/2018

USCIS - Should be Vermont Service Center

NOA1-Never received to date. Its now over 2 months (Highly unusual)

Bankers check: Outstanding

 

Good day, my husband (US Petitioner) and I submitted our I130/I485/ Work Authorization/SonsI130 (via consular) and several other forms for myself and my oldest son (11yrs old, from previous unmarried relationship) from the Caribbean on August, 9th, 2017 via an immigration lawyer in NY. We never lived together. We dated for 7 years long distance traveling to see one another via Caribbean islands as I had no travel visa and got married in Trinidad 3rd August, 2016. We had a son together in Trinidad 26th September, 2016.  I am in US on a B1/B2 visa (3rd travel in for 2017) with baby who got US Passport and CRBA since January 2017. My eldest son unfortunately has no visa so he is in the Caribbean.

Upon filling out forms and filing taxes inclusive of our youngest son and I (with us of ITIN #), we gave them (The Immigration Lawyer) two bankers cheques for the Homeland Security same day we completed the forms which the lawyer did not date that day but my husband signed. During the end of month of August, 2017 I notice that no NOA 1 was forthcoming. So I called the lawyers office to inquire and was told by the secretary it takes a while as the new administration has made changes which contradicts the processing times outlined. I also kept telling my husband I am concerned about the handling thus far as from research her responses do not align with the experiences of others.

I have become annoyed with the process since I kept getting on to the secretary who kept saying yes its filed but would not email the copies of the filed papers. On insisting to go into the office directly to them she forwarded 2 form on 27th September, 2017- My husband G325 form and only my I130 form. She (secretary) also said that she meant to call me because the USCIS called their office and requested my I94 and Visa which was already submitted. I was shocked she said she was called and not emailed an outline of missing documents On it I have discovered there is info that is incorrect such as that my husband lived at my home in Trinidad for a period 2015 to 2016. He has never resided with me. This years is the longest periods we have ever spent together which I am thankful for. My husband works at 2 hospitals and she has only one correct and the other as an old one. He only started the main one this year so the taxes filed inclusive of this is next year. 

We called the bank today to inquire if the bankers check was cashed and they stated both were "outstanding". That has to mean its not cashed which means it was never submitted. There is no way that an NOA of receipt would take so long and that the secretary is dishonest. Since if she was contacted it means it was received and should have been waiting on our NOA 2 at the moment. Am I getting it wrong? Its all not adding up.

I called the lawyer immediately and asked to speak to him directly about an emergency meeting tomorrow. I am not discussing anything with his secretary who is responsible for the paper work prep and mailing. 

Please help me clarify if I missed anything.

[geowrian 22,335]

Yes, this is quite uncommon. The checks would normally be cashed within days (or maybe weeks at the latest), and a NOA1 sent shortly afterwards. It should not take over 60 days for them to get payment. My assumption is they never sent it, or it was sent and rejected, and is being sent back.

 

The G-325A is no longer used. Did you send an I-130A?

[speculation] I wonder if maybe the lawyer sent old forms, got rejected, and are now trying to re-send with new forms. But they would need a new signature... [/speculation]

 

USCIS called the office asking for the I-94 and visa? Sorry, but that's not the way it works...they either reject the filing and send it back, or they accept it and issue an RFE/RFIE if something is missing. All this is via mail. And the outright incorrect info discovered is very questionable. Please update the thread with how the meeting goes...something definitely seems very out of place.

Edited October 11, 2017 by geowrian

[cherpd2002 1]

@geowrian Thank you for your response. I suspect all the things you do which I told my husband. His mom used this lawyer for many years without issue. The secretary was a different person. He did use the G325A form and from this copy of my petition the Form I130.  Don't see any I130 A here. I suspect it wasn't sent as the bank confirmed the check was never cashed. Or maybe as you said it got rejected but then we would have to refill forms unless they forged. As originals with our signature would be needed. Definitely, something is wrong. I finally got the lawyer and not his secretary and requested an emergency meeting with him today. To face him and get to the bottom of this. I now need to figure out how to do all this ourself and as he is paid he may or may not be a guide but thats it. I want the papers in hand and I will send it. Or remove him as my representative. I will let you know how the meeting goes. I am very direct and they may deny all that I know regarding the check. But it's clear at least the secretary gave misinformation as they do not call.  Also, I was informed of the new stipulated 90 day amendment starting September regarding misrepresentation of intent if a non immigrant files for adjustment less than 90 days after entry. Have you heard of it? This now means I would have to wait till mid November to file. See link. An online lawyer informed of this change. 

 

https://www.uscis.gov/policymanual/HTML/PolicyManual-Volume8-PartJ-Chapter2.html

 

 

Edited October 12, 2017 by cherpd2002

[cherpd2002 1]

@geowrian Please ignore latter part of response. I just got your clarification in the other thread regarding the rule. Thanks a lot. 

[geowrian 22,335]

Yeah, something isn't adding up. I look forward to hearing how the meeting goes.

 

Yup, I'm aware of the change you are referring to. That was a DOS rule change. USCIS is under DHS and has not adopted said rule (and doing so given the BIA cases in the past would be difficult to hold up in court, IMO). AOS is a USCIS process.

Edited October 12, 2017 by geowrian

[cherpd2002 1]

@geowrian Ok. Have an update. It was clarified today that the lawyer (male-over 30 years experience) we hired is the owner of the law firm and the person who he delegated to fulfill our documents is his only associate (lawyer). Its just the two of them that work in this office. I thought it was his secretary. Which makes it even worse that she messed it up. He was referred to us by persons and family who used him. However, these family members do not know his associate which means she is newer to his firm.

 

We (My husband and I) arrived on time to his office at 1:00 p.m. Upon entering the said associate answered the door, informed our lawyer of our arrival and picked up her cellphone and stepped out. This is odd for her as she always greets us with chit chat. So I already knew she knew why we were here. I outlined everything that transpired from the date of we completed our application on September 9th, 2017. I reminded him of two followup calls I made to him requesting our package copies within two weeks of completing the application and confirming whether it was filed in which he was under the impression that second call that she fulfilled his request to her to send us the copy. At this point, I can hear the associate quietly go back to her desk next to us (its a cubicle). I stated to him that I believe he may be unaware that we had further followup calls to his associate in which she stated there was a request from USCIS for my I94 and Visa Copy on September 27th, 2017 which was 6 weeks or so over the period in which an NOA1 would have been sent notify receipt of the package. I then informed him that we spoke to the bank directly and both Homeland checks were not cashed which i deduced meant we are yet to be submitted. I also informed him that his associate told us that USCIS contacted us by phone to relay request which did not sound credible. And that we did give her the info via email on said day with the so called request as well as I expressed my dissatisfaction with the current lack of progress and communication that has been given and that we are now well behind the first part of the process. I also asked for proof that it was indeed filed as stated and mailed and demanded a copy of our package on the spot. I didn't want this conversation over the phone as I wanted the associate to hear every word said. 

He stated that they do not call, they mail or email so that is not consistent with how he knows them to operate. He added that he did delegate certain things to be done by his associate and he admitted that he did not meticulously go through the package and assumed it was handled. He was unaware of the request for information. I then reiterated how possible that would be without an NOA1 and RFE request. He said they may have sent it back. He stated he would FEDEX overnight the copy of the package to us. He added that given the 2 month duration it is unusual to have not gotten and NOA 1 by now. And that he would request and amendment for the corrections to the info if it is with at USCIS. He also stated he would have all the details and answers to my questions by tomorrow. He would be going through our file as well as contacting USCIS to inquire about the package and/or getting the details as to when and where the file was mailed. I was clear and to the point. I told the lawyer we will be dealing him directly form here on out to avoid any miscommunication. We then left.

I told my husband we need to research the forms to file ourself, and fill them in the event the lawyer is also being dishonest as we have already lost 2 months in the process. We are still at the beginning stage of application submission from my deduction. I also told him that if no package is received we are back at the office asap. And that we seek to cancel the outstanding bankers checks for Homeland. (The bank stated that to cancel, the payee (Homeland) will also have to sign a waiver and state the reason for canceling.). This makes no sense to me in this case as its our money and Homeland never received the check. Awaiting the copies and will update as to whether or we do received the copies and what transpires with the lawyer. Its quite ridiculous to be honest. 

Edited October 12, 2017 by cherpd2002
update to information

[cherpd2002 1]

@geowrian Hey there. Sorry for the absence. Spent the time going back and forth with the lawyer and his associate trying to get to the bottom of the issue. As you said, things were definitely not adding up in any way. So the lawyer finally forwarded the documents they submitted on our behalf to us days after the emergency meeting. I have proof that they sent it to the Chicago Lockbox and I know they definitely didn't mail our package like they said since my I94 record was not available to them till September 27th 2017 When I spoke to CBP. This I94 info was on my submitted application. Go figure that only after asking questions did I start to get our application moving.

 

Within 2 weeks of this date I finally received my all NOA 1s on October 19th for my I130-Class 201B INA Spouse of USC/I485/I765 (Notice was received October 10th, 2017-Priority date and notice dated October 16th, 2017. We spoke to USCIS again to inquire about my sons application which was sent to another Chicago Lockbox as his process is via consular. At this point, I was annoyed that due to all the back and forth that we were screwed by this recommended immigration lawyer. In the following days I then received my son's NOA 1 . It was received by USCIS on priority date October 20, 2017 and notice date October 23rd, 2017, class 201B Minor Child. Both cheques were finally cashed. We were relieved. 

 

But then things are again taking a worrying turn due to the lawyer. I really regret not listening to my sister who did her fiance process on her own. There are so many errors in our application that I am considering restarting the process if I can't make corrections instead of getting a possible denial for their errors. They continue to be vague about our information, sent off documents without having us double checking anything and don't communicate any changes to us. Or I request removal of lawyer on case and figure it out on our own. As they prepared documents and not us. 

 

Recently, I received my Biometrics appointment Code 3 on October 27th, 2017 in Hicksville, NY for November 6th, 2017 at 9:00 p.m. It was quick. Went it filled out form, gave my passport, sent to take photo, signed and left in a matter of 5 mins. Office was empty. 

 

Errors to be corrected are serious ones as far as I am concerned.

1. Petitioner (Husband-US Citizen) -I130 - wrong place of employment. He works 2 places which are on his submitted Tax form 1040 however they have his part time as full time and his previous place of employment not his current. Wrong info about his residency in US. He always lived here not there. And sent G325 and just discovered no I130A. Received RFE dd Nov 3rd, 2017 for I130 A to process I485. 

2. Affidavit of Support- wrong addition of income. Correct individual income but in part 6 of form where they were to sum current household income they have an unknown figure thats way less than his income and again one employer is in error. Our second child is omitted under dependents.???

3. I485- He omitted my employment info and have wrong info about the date of my residence outside the US as well wrong info on my parents place of residence. Place of marriage clearly shown on marriage certificate is wrong.

 

So many errors. I don't know how to proceed. I filled out the I130A but is there any supporting documents I need to submit with it and do I take the opportunity to correct the other errors in my I130 and I485 applications??? Or take a hit and restart process? How do I proceed?

 

 

Edited November 10, 2017 by cherpd2002