finishing without a lawyer

[Keith & Xixi 0]

Hello.

I started the K1 process with a lawyer who has turned out to be a bigger pain than it would have been doing this all myself. When doing things for the first time I figured it would be better to pay for help, but boy was I wrong. I have a few questions.

On the I129 form at the end there is a section for the lawyer to sign saying that I agree to let the firm handle correspondence for these forms. Does this mean that I will need to use the lawyer all the way through the visa process? I was hoping that after my fiance receives confirmation of her interview that we could just refuse to pay the rest of the lawyer of the fees that are due before we start the interview process and do it ourselves. Can this be done cleanly or can this lawyer make problems for me after the paperwork is filed if she so desires? Does she have any control over the process when the papers are filed?

Question #2: How can I check to make sure that my papers have actually been received by the USCIS??

Thanks in advance!

[rhein 451]

Hello.

I started the K1 process with a lawyer who has turned out to be a bigger pain than it would have been doing this all myself. When doing things for the first time I figured it would be better to pay for help, but boy was I wrong. I have a few questions.

On the I129 form at the end there is a section for the lawyer to sign saying that I agree to let the firm handle correspondence for these forms. Does this mean that I will need to use the lawyer all the way through the visa process? I was hoping that after my fiance receives confirmation of her interview that we could just refuse to pay the rest of the lawyer of the fees that are due before we start the interview process and do it ourselves. Can this be done cleanly or can this lawyer make problems for me after the paperwork is filed if she so desires? Does she have any control over the process when the papers are filed?

Question #2: How can I check to make sure that my papers have actually been received by the USCIS??

Thanks in advance!

1) You can fire your lawyer at any time for any reason. Call them and tell them they're fired, and send an email just to be sure. No, the lawyer can't do anything for you or control the process in any way. All they can do is collect money for you for work they have already done. They will of course try to exaggerate the amount of time they spent on your case.

2) Have you received a NOA (notice of action) from the USCIS yet? If not, your papers haven't been filed.....

[Keith & Xixi 0]

Great thank you so much for the reply!

i am wondering though if the USCIS will be sending approval and NOA1 notices to my lawyer though or to me or to my fiance. I am hoping that we will get them. Do you know who they would mail them to in this case?

[Girl from Celebes 588]

Great thank you so much for the reply!

i am wondering though if the USCIS will be sending approval and NOA1 notices to my lawyer though or to me or to my fiance. I am hoping that we will get them. Do you know who they would mail them to in this case?

One of my friends on VJ told me that her fiancé's lawyer got all notifications firsthand and informed them later about the progress.

Edited April 23, 2014 by Girl from Celebes

[Keith & Xixi 0]

One of my friends on VJ told me that her fiancé's lawyer got all notifications firsthand and informed them later about the progress.

thanks for that bit of info Girl. Does anyone know how to remove a lawyer from receiving the correspondence from USCIS without hiring another lawyer? basically how do I stop the G-28?

[rhein 451]

Great thank you so much for the reply!

i am wondering though if the USCIS will be sending approval and NOA1 notices to my lawyer though or to me or to my fiance. I am hoping that we will get them. Do you know who they would mail them to in this case?

You can do a few things:

1) Call the lawyer and ask if the petition has been filed, if so, when, and have they received NOA1? If they have not, tell them they're fired and do it yourself.

2) You can tell the lawyer they're fired and demand your paperwork back. Or just fill it out again, it doesn't take that long.

3) If it has already been filed and there is an NOA, ask for that, then call the USCIS and ask them what to do next.

The attorney is not allowed to withhold information about your case from you, nor are they allowed to sabotage your case in any way. You can file a complaint with the state bar in your state if they mess with you.

Edited April 23, 2014 by Jon and Sol

[Keith & Xixi 0]

Okay I understand what you are saying. Thanks for the reply. I actually called the lawyer today and she said that the packet was sitting on her desk and she wa going to file it today or tomorrow. Then I talked to my fiance who said that she received an email from ur lawyer saying tht the packet was on it's way to the USCIS already. We are getting different stories from her. If the packet is on its way then you are saying I should fire her and then call the USCIS and ask them what to do next right? Any way of getting ahold f the USCIS for issues like this?

Again thanks for all of your help so far! this has been a huge nightmare :/

You can do a few things:

1) Call the lawyer and ask if the petition has been filed, if so, when, and have they received NOA1? If they have not, tell them they're fired and do it yourself.

2) You can tell the lawyer they're fired and demand your paperwork back. Or just fill it out again, it doesn't take that long.

3) If it has already been filed and there is an NOA, ask for that, then call the USCIS and ask them what to do next.

The attorney is not allowed to withhold information about your case from you, nor are they allowed to sabotage your case in any way. You can file a complaint with the state bar in your state if they mess with you.

[rhein 451]

Okay I understand what you are saying. Thanks for the reply. I actually called the lawyer today and she said that the packet was sitting on her desk and she wa going to file it today or tomorrow. Then I talked to my fiance who said that she received an email from ur lawyer saying tht the packet was on it's way to the USCIS already. We are getting different stories from her. If the packet is on its way then you are saying I should fire her and then call the USCIS and ask them what to do next right? Any way of getting ahold f the USCIS for issues like this?

Again thanks for all of your help so far! this has been a huge nightmare :/

It sounds like she is trying to stave off being fired. If it were me, I'd call her and tell her not to send it and that she's fired. I'd call her on the contradictory statements.

If it really has been sent, you can call the main USCIS number and ask them how to remove the lawyer. That's the best I can come up with....

[Lainie B 465]

USCIS can't do anything since the packet hasn't even been sent yet. Go get your packet from the lawyer, fire her and file it yourself.

[a&y 1]

We also had a lawyer preparing our petition. The NOA1 and NOA2 notifications will be sent to both the lawyer and the US petitioner but in case of an RFE usually only the lawyer receives the notification (this was the case for us).

Our lawyer was good; with hindsight we could have probably prepared the petition on our own but it was reassuring to have someone supervising the paperwork.

We have decided not to use our lawyer for the consular processing (when the petition arrives at the embassy and the visa is issued) as it is quite straightforward at this stage. She quoted separate fees for the different stages so it was fine.

If the petition has not yet been sent to the USCIS (and you have not yet paid the lawyer's fees) then you can try to get your file back. Otherwise just get to the NOA2 stage and then you can take back control on your application.

Good luck!