PLEASE HELP

[dasha_s 0]

I just married my husband, who is US Citizen. We hired an immigration lawyer to help us with AOS documents. She helped us to fill out all the forms, however I just found out I-129F form she told us to fill out is wrong. It should have been I-130. But, she claims it does not matter.3 We sent our package 2 weeks ago to TX office. It shows they received the package, but they haven't cashed our checks yet. What happens now? Will they return our package because we sent them wrong form? Or like our lawyer says, I-129F is fine and it's just taking USCIS that long to cash our check.

Any help would be appreciated.

By the way, I am currently living legally in US

[Anh map 2,098]

I-129F is a fiance(e) petition. You are correct that the I-130 should have been submitted. Once the package is returned reclaim it from your attorney, fire them, then remove the 129F and submit the I-130 along with the rest of the package.

[Mrstate 1]

Thats true I agree with the other post my husband the usc petition me and we sent out i130 abd it should be sent to chicago lockbox not texas office, its more likely your package will be returned, what other forms u filled out

[Harpa Timsah 13,258]

Yep. Highly agree. Having the attorney saying I-129F is the same as I-130 is ridiculous and negligent. Your package will be rejected outright, or the I-485 will be rejected but the I-129F will be accepted. Since the I-129F is irrelevant to your situation, then you will be out $$. Fire your attorney and get your stuff back from them.

[dasha_s 0]

Yep. Highly agree. Having the attorney saying I-129F is the same as I-130 is ridiculous and negligent. Your package will be rejected outright, or the I-485 will be rejected but the I-129F will be accepted. Since the I-129F is irrelevant to your situation, then you will be out $$. Fire your attorney and get your stuff back from them.

I can't believe I trusted my attorney. I asked her several times before sending my package. I wonder how it will take for them to return it.

what you mean by "I-129F will be accepted."? Aren't they going to return my package and ask me to send the right form?

"then you will be out $$" I don't think they are going to cash my check If they return my package.

[dasha_s 0]

Thats true I agree with the other post my husband the usc petition me and we sent out i130 abd it should be sent to chicago lockbox not texas office, its more likely your package will be returned, what other forms u filled out

how do I know here to send? I live in New Jersey.

[dasha_s 0]

how do I know where to send? I live in New Jersey.

[Harpa Timsah 13,258]

what you mean by "I-129F will be accepted."? Aren't they going to return my package and ask me to send the right form?

"then you will be out $$" I don't think they are going to cash my check If they return my package.

Well, if they think you are trying to apply for a fiance visa (which is what the I-129F is for) they might accept your I-129F and cash your check and start processing. If you send a petition for a fiance visa, they will probably think you are applying for a fiance visa. Why would they think different? They should reject the I-485 because there is nothing to base it off of (needs I-130 in this case). Hopefully they will realize you are NOT petitioning for a fiance visa, and send the whole thing back to you.

Edited April 8, 2011 by Harpa Timsah

[dasha_s 0]

Well, if they think you are trying to apply for a fiance visa (which is what the I-129F is for) they might accept your I-129F and cash your check and start processing. If you send a petition for a fiance visa, they will probably think you are applying for a fiance visa. Why would they think different? They should reject the I-485 because there is nothing to base it off of (needs I-130 in this case). Hopefully they will realize you are NOT petitioning for a fiance visa, and send the whole thing back to you.

Do you think I should send them I-130 now with explanation or wait for the package to return? It's been 2 weeks since we sent them checks, but it hasn't been cashed yet.

[Anh map 2,098]

Do you think I should send them I-130 now with explanation or wait for the package to return? It's been 2 weeks since we sent them checks, but it hasn't been cashed yet.

I suggest that you wait to know the status of the initial submission. Sending something now would likely result in the new items not being matched with the first package. Thus more confusion and potential delay.

[jkelly07 120]

when they send all the files back to you, start all over with the 1-130 the right fee, and the other aos documents it should be sent to chicago lockbox,

[JimVaPhuong 4,863]

I can't believe I trusted my attorney. I asked her several times before sending my package. I wonder how it will take for them to return it.

what you mean by "I-129F will be accepted."? Aren't they going to return my package and ask me to send the right form?

"then you will be out $$" I don't think they are going to cash my check If they return my package.

It depends how much the check was for. If it was the correct amount for the forms received, and if the documents required by each form were included, then they'll cash the check and process the forms into the system.

See, you can bundle as many different petitions into the same package as you like. Many immigration attorneys do this. As long as they can separate the individual petition packages, and each package contains the necessary documents, and the total payment is correct, then they'll accept the petitions and cash the check.

So, if the payment amount was correct for an I-129F and an I-485, and if the required supporting documents were included, then they'll accept both petitions and cash the check. The I-129F may even be approved eventually. The I-485 will be denied because there is no I-130 to establish that an immigrant visa number is immediately available. If this happens then you have a valid claim for a civil suit against your attorney. You should at least get your money back before kicking them to the curb.

Edited April 8, 2011 by JimVaPhuong

[dasha_s 0]

OMG, My attorney really screwed up. I just saw on form I-485 under Part 2 she checked c). "I entered as K-1 finace(e) of a U.S. citizen whom I married within 90 days of entry." This is not how I entered this US. I came here on J-1. What a mess!!! Hopefully my package returns soon, so I can make corrections. Do you think I should make InfoPass?

[dasha_s 0]

It depends how much the check was for. If it was the correct amount for the forms received, and if the documents required by each form were included, then they'll cash the check and process the forms into the system.

See, you can bundle as many different petitions into the same package as you like. Many immigration attorneys do this. As long as they can separate the individual petition packages, and each package contains the necessary documents, and the total payment is correct, then they'll accept the petitions and cash the check.

So, if the payment amount was correct for an I-129F and an I-485, and if the required supporting documents were included, then they'll accept both petitions and cash the check. The I-129F may even be approved eventually. The I-485 will be denied because there is no I-130 to establish that an immigrant visa number is immediately available. If this happens then you have a valid claim for a civil suit against your attorney. You should at least get your money back before kicking them to the curb.

"The I-485 will be denied because there is no I-130 to establish that an immigrant visa number is immediately available." Won't we get a REF first before it's denied, requesting for missing form I-130?

What happened if they do deny. Do we have to resubmit a new package with the correct form? Maybe Infopass can help. What do you suggest we do at this point?

[dasha_s 0]

It depends how much the check was for. If it was the correct amount for the forms received, and if the documents required by each form were included, then they'll cash the check and process the forms into the system.

See, you can bundle as many different petitions into the same package as you like. Many immigration attorneys do this. As long as they can separate the individual petition packages, and each package contains the necessary documents, and the total payment is correct, then they'll accept the petitions and cash the check.

So, if the payment amount was correct for an I-129F and an I-485, and if the required supporting documents were included, then they'll accept both petitions and cash the check. The I-129F may even be approved eventually. The I-485 will be denied because there is no I-130 to establish that an immigrant visa number is immediately available. If this happens then you have a valid claim for a civil suit against your attorney. You should at least get your money back before kicking them to the curb.

How about I-765? will they issue me work authorization?