I really need some solid advice. I filed a I130 on June 19th. The lawyer put the birthdate backwards ( will this affect my petition? He sent the correction in with a copy of the marriage license so we do not get RFEd for it.) Here is my dilemma. He sent in the 129 in mid july. It just came back in the mail rejected. ( he did not enclose the money order I sent him) I need to know if I should continue just with my I130 or go ahead and file a k3. I have a couple of concerns. My Noa1 for the 129 wont be till the end of August and from what I have read they will hold up the I130 if they have a k3. Is it really too late timewise for an 129f to really make any more sense. I can refile the 129f or stick with the I130 which has been in process since June ( its now august) My goal is to get him here with me as soon as possible but having just lost 2 months, isnt a 129 mute now? Would it really save time? With a huge delay in differences in filing, doesnt the point of doing the 129f go away? I just need some solid advice cause i am really sad. The lawyer did waive the remaining part of the fee for the mistake and told me to use it on the embassy fees. I just really am sad and do not know what to do at this point. I never got my NOA!, he did. He got my NOA1 and I think will get all my papers from this point on.. I just need to know whether I should resend this packet back out or just sit tight with what I have and work the file I have in process which has a priority date of July2nd.

totally totally frustrated

Hello wahrania,
Sorry to hear that this has happened to you. And, I can understand and sympathize with your frustrations.

First: I would fire the attorney! About the reversal of the date of birth...that really does not appear to be a big deal. In some countries...and for military use, the DD/MM/YEAR format is used. For example: 12/01/1960 = January 12, 1960
Typically, in the USA...we do the MM/DD/YEAR. Same example: 12/01/1960 = December 1, 1960 I think you can correct this with a simple letter explaining the situation.

If your lawyer is unable to follow the simple instructions on the form...makes me wonder why you need him/her???
This seems to be a classic case of the sad situation where YOU are not all that important to the attorney as a client. You are "just another case" for processing. Do you think they really "care" about your case?

However, the filing of the forms is important to ONE person (really two) and that person is YOU!!! Another good reason for the adage, "If you want something done right...do it yourself."

Second: Where is your money order? (And, why did you use a MO when the common advice on VJ is to use a personal check?) IF it were me...(and it is not) I would send the package of papers for your I-129f to the appropriate service center with an explanatory note and a copy of your letter firing the attorney. I would hope that they accept your package and honor your request. Just to be on the safe side, I'd send a check to cover the difference between the old and new fees. Is your attorney going to make up this difference for you?

We really do not know what the USCIS will do in any given case or scenario. I am offering this suggestion only as the way I would approach the situation. In your letter to USCIS, be honest, frank and to the point...they do not want a litany of explanations. As Jack Webb would say, "Just the facts, ma'am, just the facts!" (Do you remember Jack Webb?)

Sincere Best Wishes,
Craig

The new fee for I-129F for spouse is zero, so the attorney would make up the difference by cashing the money order.


I-129Fs don't speak so they are always (technically) "mute". I think you are asking if the K3 process would be "moot". Sorry, I couldn't resist that one.

Anyway, if you file an I-129F now behind an I-130 that is not clearly marked as requesting consular service, what should happen is that your CR1 process is moot and the K3 is active after having lost two months of valuable time.

You make the judgment call.

well i was kind of wantng opinions as to whether I should just go ahead with the I130 or just go ahead and resend the 129f. Would I really save anytime at this point with the 129f or should I just proceed with the I130?

You would need to weigh any possible time savings against the additional fees and make the judgment call. At this point the time saved could be as little as none.