My Lawyer said to file petition again

[Ali64 0]

I filed my K3 in Feb and got approved in July. I was waiting for the interview date. I called my lawyer she didn't talk to me but she set up an appointment for this Tuesday. I have no idea what is going on.

Do you know what does it mean to file k3 petition again? Please share if you know or have gone through something like that. I'm in shock right now and cannot believe it is happening to me.

Thanks for your help

[Penguin_ie 5,986]

From your timeline, it looks like you never got NOA 2, and never went to interview? Did you ever get an RFE or a NOID? Without more information where you are exactly in the process and talking to your lawyer, it is difficult to even speculate.

[Ali64 0]

I got NOA 2 in july.

In August I paid $470 fee to the NVC.

In september I filed DS230 for my wife.

After that NVC asked me to send couple of things and I-864 which I sent back earlier this month.

Now my lawyer didn't say anything what she got in the mail from the NVC. I requested to call me and let me know what is going on. She didn't bother to call or email to me to explain things to me. I'm bit frustrated here so I thought I might ask on this forum and find out what is going on with my K3 visa processing.

Any help will be greatly appreciated here

[Penguin_ie 5,986]

The only thing I can think of- and this is very much guessing- is that the visa application was denied at the NVC stage. But if that was the case, there is usually a RFE for more evidence, ie you get an opportunity to make things right, before they outright deny. An example might be if you or your spouse was married before and they think you were not legally divorced.

And no point in just re-filing unless you make right whatever was wrong the first time, so I am surprised your lawyer even suggests this without talking to you first. Additionally, the K3 is outdated, the CR-1 is much better (leads to immediate greencard upon entry), which is why I;d be suspect of that lawyer...

[Dakine 26]

You already paid NVC for the CR-1 so go with the it and forget the K3. K3s are basically obsolete and a BIG waste of time and money later on.

Your lawyer "may" have her head where the "sun don't shine".

Edited October 31, 2009 by Dakine

[Ali64 0]

Thanks for the wonderful replies. I feel much better after reading your comments.

I will forget about the K3 and go with the I-130 now and I will tell that to my lawyer on Tuesday. Im surprised that she lied to me about this. Anyway I was nervous about refiling and waiting for another few months. It is tough to be away from her and I miss her very much.

Thanks guys...you guys are doing a wonderful job on this forum....keep it up

[Ali64 0]

Thanks

I just found from my wife that she got an email from NVC and she will have an CR-1 interview on Dec 16. I feel much better now.

[meowmeowmeow 0]

congrats...and good luck with the rest of your journey!

[Penguin_ie 5,986]

That is great news! Maybe there was a missunderstanding with your lawyer and she just wants to go over your paperwork again or something.

[Ready2Kl 1]

That is great news! Maybe there was a missunderstanding with your lawyer and she just wants to go over your paperwork again or something.

I think its wrong to blame lawyers without getting the full facts. And if the lawyer did the wrong thing or mislead you you can always file a legal malpractice suit(which lots of people really do if the lawyer messes you up) and file with the Ethics committe. And lawyers dont give such obvious bad advice cuz it's easy to prove legal mal-practice suit when they mislead you. Lawyers are not so stupid to mislead you because of the protections you have against them for stuff like that. On the other hand I do agree that with a lot of people on here that you can do a lot of stuff without going through lawyers specially for the straight forward cases.

[illnevergetthis 5]

Congratulations on your interview appt.

[Ali64 0]

Thanks guys.

I think Lawyer is wrong here. She was keep telling me that we are going for the K3 while she asked me to pay $470 to NVC. I told her it means for we are going for the I-130 and not K3 but she and her assistant kept saying it is part of the K3 processing. I wanted to go for the K3 before because I didn't have the job and i thought I will need affidavit of support during the interview time. Anyway I found the job earlier this month and sent them affidavit of support based on my new job. Everything is fine now just disappointed that my lawyer didn't give me the right advice.

Thanks again

[bankermai 1]

Thanks

I just found from my wife that she got an email from NVC and she will have an CR-1 interview on Dec 16. I feel much better now.

Hey Ali I m happy to know that ur problem is solved , Best of luck for the interview , our CR-1 interview is also on 16th Dec

[Dakine 26]

It is amazing the number of lawyers that don't know what they're doing you see on forums.

If you were just going for a K3 your lawyer would have cost you $470 that was not necessary to pay at all!!

Turns out for the better tho as the K3 is "junk" and obsolete at this time.

Edited November 1, 2009 by Dakine