K1 and AOS - need to prove sth to our lawyer!

[ER Team :) 5]

Our lawyer is arguing that although on a K1 visa and marrying within 90 days...still the base for my I-485 is I-130 that we need to file concurrently... I just sent her a link to I-485 instructions and higlighted WHO MAY FILE THE PETITION? Point 3.A...

I expect tht she will probably come back with some additional information she 'found in her wise books' - she is always trying to cover up her mistakes by some comlicated answers... hence my question...any links that I can send her (government/USCIS related/immigration law related that clearly prove that she's WRONG...again?

I just realy want her to have no choice but to admit she's wrong...

Edited March 9, 2011 by ER Team :)

[TwoCats 55]

[quote name=ER Team ' timestamp='1299698753' post='4529497]

Our lawyer is arguing that although on a K1 visa and marrying within 90 days...still the base for my I-485 is I-130 that we need to file concurrently... I just sent her a link to I-485 instructions and higlighted WHO MAY FILE THE PETITION? Point 3.A...

I expect tht she will probably come back with some additional information she 'found in her wise books' - she is always trying to cover up her mistakes by some comlicated answers... hence my question...any links that I can send her (government/USCIS related/immigration law related that clearly prove that she's WRONG...again?

I just realy want her to have no choice but to admit she's wrong...

If your lawyer keeps making mistakes...

Shouldn't you be looking for a new lawyer?

[Inky 1,110]

Maybe direct her to VJ and she can actually learn something for her profession LOL!

[ER Team :) 5]

If your lawyer keeps making mistakes...

Shouldn't you be looking for a new lawyer?

We don't need a lawyer anymore! We hired her when we just started the K1 process... She already took the money, we wouldn't hire her if we could go back. We don't need a new lawyer....that one is still there becasue since we already paid her I want her to at least earn the money! Do some effort! Even though I don't trust her and double check everything she does. There's no way we would go with my AOS with her....but I just want her to admit that she's wrong because it gets really annoying how she tries to cover her mistakes up and she makes up explanations!

[YuAndDan 153]

Fire the lawyer, and file the I-485 yourself.

Guide: http://www.visajourn...content/k1k3aos

The I-485 is being filed based on the I-129F approval notice, and marriage within 90 days as per the K-1 process.

You are not checking "A" which would require an I-130 as per the I-485 directions, you are checking "C" basing the AOS on Approved I-129F and marriage certificate, attach a copy of I-129F approval, and copy of marriage cert showing marriage happened within the 90 days noted on the copy of I-94 card.

Moving to AOS forum..

Edited March 9, 2011 by YuAndDan

[ER Team :) 5]

Fire the lawyer, and file the I-485 yourself.

Guide: http://www.visajourney.com/content/k1k3aos

The I-485 is being filed based on the I-129F approval notice, and marriage within 90 days as per the K-1 process.

Moving to AOS forum..

Thanks! Well for now I just quoted her I-485 instructions...just waiting for her to get back to me...

[quote name=ER Team ' timestamp='1299699389' post='4529514]

We don't need a lawyer anymore! We hired her when we just started the K1 process... She already took the money, we wouldn't hire her if we could go back. We don't need a new lawyer....that one is still there becasue since we already paid her I want her to at least earn the money! Do some effort! Even though I don't trust her and double check everything she does. There's no way we would go with my AOS with her....but I just want her to admit that she's wrong because it gets really annoying how she tries to cover her mistakes up and she makes up explanations!

In other words, if we get her off the hook now, it will be too easy money for her...

And of course we will do the I-485 ourselves...but we are still on the obtaing K1 process...and she is paid for untill we get that...

Edited March 9, 2011 by ER Team :)

[ER Team :) 5]

Maybe direct her to VJ and she can actually learn something for her profession LOL!

I know, that wouldn't be such a bad idea VJ should start charging lawyers for information!

[JohnC811 4]

I hired a lawyer also, was such a waste of money. Didn't really need one as it was I did all the work filing the forms etc. I think this is a cash cow thing for them(Lawyers). Do no actual work and collect a fee....No wonder the country's going broke its all run by lawyers...lol

[ER Team :) 5]

I hired a lawyer also, was such a waste of money. Didn't really need one as it was I did all the work filing the forms etc. I think this is a cash cow thing for them(Lawyers). Do no actual work and collect a fee....No wonder the country's going broke its all run by lawyers...lol

I feel your pain! If we only knew...Oh well, we'll be much smarter next time!

[JohnC811 4]

Hey you might be able to get a refund on the Fee. Its called malpractice, Anyone who charges for information and then gives the wrong information clearly as evidenced in the previous postings you can complain to the bar association and possibly get your fee refunded, but its such a hassle and you have enough to worry about. I would think as a professional in Immigration law, The lawyer should know all the rules and regulations pertaining to the subject. not have to be educated by the client.

[ER Team :) 5]

Hey you might be able to get a refund on the Fee. Its called malpractice, Anyone who charges for information and then gives the wrong information clearly as evidenced in the previous postings you can complain to the bar association and possibly get your fee refunded, but its such a hassle and you have enough to worry about. I would think as a professional in Immigration law, The lawyer should know all the rules and regulations pertaining to the subject. not have to be educated by the client.

You know, It actually crossed my mind....BUT...yep, there's a but...with all that K1 still going on- we're still waiting for a NOA2...it's not the time to be focusing on sth else... I do have everything in writing though..all the mistakes she made, in my email and her excuses as well... so we'll see.

[james&olya 1,121]

[quote name=ER Team ' timestamp='1299700890' post='4529571]

You know, It actually crossed my mind....BUT...yep, there's a but...with all that K1 still going on- we're still waiting for a NOA2...it's not the time to be focusing on sth else... I do have everything in writing though..all the mistakes she made, in my email and her excuses as well... so we'll see.

I would suggest to her that she has not provided the service contracted and that you would like a refund and to part company amicably. The alternative being a complaint to the bar association. Why should you be paying her and also educating her?

[ER Team :) 5]

I would suggest to her that she has not provided the service contracted and that you would like a refund and to part company amicably. The alternative being a complaint to the bar association. Why should you be paying her and also educating her?

As I said, it has crossed my mind. The only thing is we are still waiting for our NOA2 and with everything going on at the moment- we can't afford to get distracted and focus on dealing with our lawyer...to much going on - waiting for NOA2, getting all the docs for the 2nd part, and trying to plan our wedding, which needs to happen right after I get to the U.S, as my fiance and I need to go abroad few months after that to attend my brother's wedding... above all - I'm in Ireland, my fiance is In California...it's hard enough as it is...

Besides...I don't know how they work, but since we also filed the form introducing her as our representative while we filed I-129f, I'm kinda worried we get ourselves in a mess if we start acting on it now...

[JenandDon 3]

We also hired a lawyer (hubby not confident to do the paperwork himself) and man did we choose the wrong one. I mean he is okay with our case (so far, but only time will tell) but he is arrogant and downright rude, even name calling, which came out of nowhere after we hired him. I also don't want to mess up things by withdrawing him, and waste the money also. You can bet I am making notes quietly and I am going to have one hell of a formal complaint to the bar when we are done. This is supposed to be an exciting time ....and our lawyer has made it one we would rather not even talk about.

[lynJer 7]

using a lawyer from what I have heard is totally pointless....I would also suggest that the paralegal is doing the work and not the lawyer....glad we never went down that path....