PLEASE HELP

[easyjourney 2]

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.

I would suggest you make an INFOPASS appointment and ask directly to them about what you should do. Since you entered legally and everything is lawful, you should be able to do it by yourself with the immigration official's help. It may take a few trips to the field office (where you make your ifopass app), but at the end you know you are doing things RIGHT... at no charge!

[JimVaPhuong 4,863]

"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?

No. They send an RFE if a document or further evidence is required to establish eligibility. An I-130 must be filed either before or concurrently with the I-485. The I-485 is not approvable without an approved or pending I-130, so it would simply be denied. In the grand scheme of things, the I-130 is more important than the I-485 because the I-130 establishes one of the three key requirements for adjustment of status - that an immigrant visa number is immediately available. Without the I-130, the I-485 cannot be considered.

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

As long as the I-485 remains pending approval then they can issue a work authorization. The EAD will be revoked when the AOS petition is denied.

What was the amount of the check your lawyer sent to USCIS?

[dasha_s 0]

No. They send an RFE if a document or further evidence is required to establish eligibility. An I-130 must be filed either before or concurrently with the I-485. The I-485 is not approvable without an approved or pending I-130, so it would simply be denied. In the grand scheme of things, the I-130 is more important than the I-485 because the I-130 establishes one of the three key requirements for adjustment of status - that an immigrant visa number is immediately available. Without the I-130, the I-485 cannot be considered.

As long as the I-485 remains pending approval then they can issue a work authorization. The EAD will be revoked when the AOS petition is denied.

What was the amount of the check your lawyer sent to USCIS?

$1070 - I-485

$380 - I-765

$340 - I-129F

What do you you suggest we should do no? I suspect the reason they haven't cashed our checks because they are returning our package. I am not sure Infopass can help, since they don't have our file in the system.

[Harpa Timsah 13,258]

The I-765 is free when submitted in conjunction with the I-485. This lawyer might be the worst I have seen. I would consider at least a formal complaint and perhaps lots more. Anyway, I don't think there is anything you can do now except wait and see what they do. I think there is a good chance they will accept the I-129F, but hopefully they will realize that you are married and reject it. They WILL return the money for the I-765. I am a bit worried about the I-485. There is no I-130 to base it off of, so they should reject it, but the X saying that it is from an approved I-129F may cause them to think you entered with K-1 (as your lawyer indicated) and then proceed and send an RFE for the K-1 docs, which don't exist. Once the check is cashed, money is gone.

Good luck.

Edited April 8, 2011 by Harpa Timsah

[Brother Hesekiel 2,235]

There are good and bad lawyers, but that one isn't beyond incompetent. Filippe, the Mexican dude at the corner of Fairfax and Los Angeles Street who barely speaks any English, couldn't #### this up any more.

Only in America.

[Mrs.Spice 1]

To the OP, please don't take it the wrong way but recognize that even if you hire a lawyer to help complete your paperwork the onus is on you to ensure what is on those forms make sense. For eg. The incorrect selection of © on the form, wrongfully inferring you entered the US as a fiance was an easily avoidable error. If you do just minimal research on the process, even on this very VJ forum, you'll quickly get the gist of how things should be done and what applies to you. There are even examples of how to fill out the forms and information on correct fees is all around.

So unfortunately you've already hit a snag...oh well...chit happens...like others have said, your priority should be firing that lawyer who is clearly sleeping on the job. Next, familiarize yourself a bit more with the process so it will be easier to catch any future mistakes. I really really hope they return your package with your check and you don't lose money because of this joke of a lawyer. Best of luck.

[JimVaPhuong 4,863]

$1070 - I-485

$380 - I-765

$340 - I-129F

What do you you suggest we should do no? I suspect the reason they haven't cashed our checks because they are returning our package. I am not sure Infopass can help, since they don't have our file in the system.

At this point, all you can do is pray they don't cash the checks and they return the entire package. The fees are correct for each form. If each petition contains the necessary documents then they could accept them and cash the checks. As H.T. mentioned, there is no fee with an I-765 if it's filed concurrently with an I-485, but they don't have to reject it if you do include the fee - they can cash the check and keep the money.

The nuclear option is to stop payment on the checks.

[Barbara J 115]

Ok as I see it this is terrible. If USCIS see that a 129f petition is sent in with a I-485 and a I-765 will they not register that she could not have arrived at POE as a fiance because that's what the 129f is for. That has to be approved first to get into the country yes?

SO to begin with this would not make sense to me if I received it with a I-485. That's just nonsense. \

To be honest I think you will receive everything back and then you can resend and fix this yourself. Get rid of this stupid lawyer and work off here this site is so helpful. To even get you to write a cheque for $1070 along with 340 and the $380 is madness as well normal people know that the $1070 includes the I-765 when filed with AOS.

You poor thing I hope you get this sorted and it all works out for you.

[dasha_s 0]

Thank you everyone. I am really devastated. It was suppose to be a smooth process.

What is I cancel my checks? Will they automatically return my package?

[Matt :) 1]

Fire attorney! this is most simple step in process! going forward you need someone who knows ABCs 123s!!

[Mrstate 1]

the I-765 is free I suggest try calling or making an info pass and tell the IO what happen or you can call the USCIS and have them transfer you to the Immigration officer tell them what happen and what you should do

[Myopia 93]

Thank you everyone. I am really devastated. It was suppose to be a smooth process.

What is I cancel my checks? Will they automatically return my package?

If you cancel the checks then USCIS wont be processing the petition as it is.

[dasha_s 0]

I called USCIS hotline and got a chance to speak to immigration officer. She told me they rejected our package and it's on the way back. Hopefully she is right. Funny thing my attorney keeps making excuses why she sent wrong form.

[bogart 3]

Watta a dumb a** lawyer. Excuse me for my language. I just feel bad for dasha.. We hire immigration attys to help us with our cases and fill up the forms and send it in a right way which we dont have knowledge about. But we dont know if the atty made a dumb mistake or it was done on purpose..

On the other side, thats good you already talked to an IO. So are you getting your check back?

[dasha_s 0]

Watta a dumb a** lawyer. Excuse me for my language. I just feel bad for dasha.. We hire immigration attys to help us with our cases and fill up the forms and send it in a right way which we dont have knowledge about. But we dont know if the atty made a dumb mistake or it was done on purpose..

On the other side, thats good you already talked to an IO. So are you getting your check back?

Yes, that's what officer told me. I guess that's why they haven't cashed my checked.

I think some attorneys don't care if they screw up your life. They just want to make money and it causes them nothing to say "I am sorry" or come up with some BS excuses.

At this point I just want to do it right and get my case going.