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VisaJourney.com > Marriage Based Immigration (K1, K2, K3, etc) to the USA > K-3 Spouse Visa General Discussion

rshilshtut
Hello,
This I-129F petition has turned from frustrating to nightmarish. On Jan 31, 2007 I recevied an RFE becaue my immigration attorney did not inlcude passport pictures of myself and my spouse as part of the petition. He send away the RFE, 2 weeks later I recieved an I-130 petition approval and an I-129F denial. The denial was due to the fact that the attorney only sent in my spouse's passport pic not mine. The denial came with an appeal option that the attorney submitted (with the missing pic and appeal fee's). I am like totally frustrated and angered at this situation. Has anyone been through the apeal process??? Any advice or timelines would help, thank you.

/Rad
consolemaster
Wow! This is strange. I think the lawyer should be responsible for paying those fees.
JimandSarha
QUOTE(rshilshtut @ Feb 28 2007, 01:46 PM) *
Hello,
This I-129F petition has turned from frustrating to nightmarish. On Jan 31, 2007 I recevied an RFE becaue my immigration attorney did not inlcude passport pictures of myself and my spouse as part of the petition. He send away the RFE, 2 weeks later I recieved an I-130 petition approval and an I-129F denial. The denial was due to the fact that the attorney only sent in my spouse's passport pic not mine. The denial came with an appeal option that the attorney submitted (with the missing pic and appeal fee's). I am like totally frustrated and angered at this situation. Has anyone been through the apeal process??? Any advice or timelines would help, thank you.

/Rad


My advice: Fire the lawyer. Anyone with a High School Diploma can figure out the paperwork if they read it twice, slowly. He's already incompetent and this is the EASY paperwork. Do it yourself or get a new lawyer.

Here's some other thumbnail advice. My family is full of lawyers and judges. ANYTHING that you can get a lawyer to do for less than $3,000 is easy enough for you to do it yourself. Trust me, your lawyer has NEVER looked at your paperwork. All of it has been done and done wrong, by a clerk.

On a daily basis foreigners with limited English skills and questionable quality of schooling are able to successfully fill out these forms all by themselves. You can too.
rshilshtut
QUOTE(JimandSarha @ Feb 28 2007, 01:59 PM) *
QUOTE(rshilshtut @ Feb 28 2007, 01:46 PM) *
Hello,
This I-129F petition has turned from frustrating to nightmarish. On Jan 31, 2007 I recevied an RFE becaue my immigration attorney did not inlcude passport pictures of myself and my spouse as part of the petition. He send away the RFE, 2 weeks later I recieved an I-130 petition approval and an I-129F denial. The denial was due to the fact that the attorney only sent in my spouse's passport pic not mine. The denial came with an appeal option that the attorney submitted (with the missing pic and appeal fee's). I am like totally frustrated and angered at this situation. Has anyone been through the apeal process??? Any advice or timelines would help, thank you.

/Rad


My advice: Fire the lawyer. Anyone with a High School Diploma can figure out the paperwork if they read it twice, slowly. He's already incompetent and this is the EASY paperwork. Do it yourself or get a new lawyer.

Here's some other thumbnail advice. My family is full of lawyers and judges. ANYTHING that you can get a lawyer to do for less than $3,000 is easy enough for you to do it yourself. Trust me, your lawyer has NEVER looked at your paperwork. All of it has been done and done wrong, by a clerk.

On a daily basis foreigners with limited English skills and questionable quality of schooling are able to successfully fill out these forms all by themselves. You can too.



Hello,
I agree, I used a lawyer to avoid issues like this and the sad part is that I gave him all the info, he requested nothing further from me. Mistakes happen I understand but the waiting is terrible.

/Rad



QUOTE(consolemaster @ Feb 28 2007, 01:56 PM) *
Wow! This is strange. I think the lawyer should be responsible for paying those fees.


Hello,
He apologized a thousand times and now its back to waiting. That is the hardest part...

/Rad
nyseness
I have to agree. Have the lawyer pay for the appeal fee b/c it was his mistake not yours. I hear the appeal process can be time consuming and costly so a lot of other couples decided to re-do the petition instead of appealing.

Do you have any complications with you case? If not I recommend you fire your attorney and do it yourself.

Also congrats on your I130 approval!!

Anna
rshilshtut
QUOTE(nyseness @ Feb 28 2007, 02:18 PM) *
I have to agree. Have the lawyer pay for the appeal fee b/c it was his mistake not yours. I hear the appeal process can be time consuming and costly so a lot of other couples decided to re-do the petition instead of appealing.

Do you have any complications with you case? If not I recommend you fire your attorney and do it yourself.

Also congrats on your I130 approval!!

Anna


Hello,
I have no problems with my case as far as I know. Supposedly CSC can choose to reopen the case and approve it because only thing missing was the passport pic. Calling them is useles as I have found out before so I am back to waiting....

/Rad
nyseness
Do you not want to continue w/the CR1 visa?
rshilshtut
QUOTE(nyseness @ Feb 28 2007, 02:24 PM) *
Do you not want to continue w/the CR1 visa?


Yeah, that petition was sent off to NVC. Just the interview wait time for the I-130 can be very long so I was hoping the I-129F can speed things up.

/Rad
PMRS
Yes, the K-3 process can speed things up. Our petition left the NVC Feb. 13 and the name check cleared with a couple of days. The consulate estimates our interview will be in May. I agree with the other posts that you should ask your lawyer to pay the fees for an appeal because it was his/her mistake. As far as the timeline on an appeal, I don't much about that. Since you're dealing with the USCIS, it may not be that long. At least I don't think it will be as long as the year long wait for a CR-1 interview. Buena suerte!

Paulina
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