Second RFE even after using an immigration lawyer

[Purple Ma 0]

Hi everyone---

blessings! I am new here so thank you all for any support...

We hired a NY immigration lawyer that we had been recommended...

first time she filed March this year ( she said) and we hadnt rev¡ceived NOA1 when month of May came on...

I called her and she checked, no receipt, then she called USCIS, and they had not taken the money for the filing, that she saw at their bank... we had to gather all the documents and file again---

very frsutrating and it was expensive to hire a new lawyer...so we used the same one...

May 19th we got NOa1 and we received RFE End of Sept. 2011 because she had forgotten to cross of that my fiance hadnt been in prison even if they asked us spesifically about this question in march before first filing...so we sent them the reply and after 58 days of waiting they had looked at it and sent a second RFE! How can that be..?

This one said there was not enough evidence to establish that my fiance is a US citizen...the lawyer had attached biographic page of his passport even if it says ALL the pages of his passport?

The lawyer wants to ask for expedite processing if this RFE since they already had submitted the biographic page of his passport. Does anyone know if this is a reason for it? Or will it slow down the process?

So thankful for replies. We have been really frustarted and sad for her mistakes and think we could have done it better ourselves--- now it will cost so much to change lawyer , thoug there are still some parts left of the application process and maybe we will do it all ourselves after this petition hopefully will be approved..

Thanks for any comments and shared experiences. I am about to fire this lawyer...they have slowed down the rpocess for us abot 5 months---

Blessings all and prayers

[ndu26 114]

Hi everyone---

blessings! I am new here so thank you all for any support...

We hired a NY immigration lawyer that we had been recommended...

first time she filed March this year ( she said) and we hadnt rev¡ceived NOA1 when month of May came on...

I called her and she checked, no receipt, then she called USCIS, and they had not taken the money for the filing, that she saw at their bank... we had to gather all the documents and file again---

very frsutrating and it was expensive to hire a new lawyer...so we used the same one...

May 19th we got NOa1 and we received RFE End of Sept. 2011 because she had forgotten to cross of that my fiance hadnt been in prison even if they asked us spesifically about this question in march before first filing...so we sent them the reply and after 58 days of waiting they had looked at it and sent a second RFE! How can that be..?

This one said there was not enough evidence to establish that my fiance is a US citizen...the lawyer had attached biographic page of his passport even if it says ALL the pages of his passport?

The lawyer wants to ask for expedite processing if this RFE since they already had submitted the biographic page of his passport. Does anyone know if this is a reason for it? Or will it slow down the process?

So thankful for replies. We have been really frustarted and sad for her mistakes and think we could have done it better ourselves--- now it will cost so much to change lawyer , thoug there are still some parts left of the application process and maybe we will do it all ourselves after this petition hopefully will be approved..

Thanks for any comments and shared experiences. I am about to fire this lawyer...they have slowed down the process for us abot 5 months---

Blessings all and prayers

Hmmm expedite processing due to second RFE...sounds to me someone is trying to fool you into believing she is doing something. when you get an RFE, you respond to it NOT request for expedite process.

I am puzzled ( and hoping i did not understand your post) but how can your attorney and you guys not follow up with the first filing to the point that MONTHS!! later the check was not cashed and no one raised an eyebrow? and you hired SAME LAWYER AGAIN???:bonk:

anyway how did your fiance get his citizenship? if he naturalized, then he should copy his naturalization cert and send to them in response to the RFE...maybe the copy he made of his passport was not clear enough?

you said you got the RFE in sept, has it been responded to? if NOT do that ASAP.. and hopefully someone can shed more light on your concerns...

Stay strong!

[Purple Ma 0]

Thanks for reply.R eally appreciate. Maybe should have joined this page earlier...yes, those lawyers arens right for us--

maybe will just ask her to send me back all our documents---

we have done a mistake in using her.

We heard from her that it can take several weeks before noa1 comes and my fiance does not know anything about all of this stuff so i have had to take care of most of the process.

and i dont know much as the foreign person..

so i have kept the communication wt the lawyer and i had to make decisions-

now thanks for tip of NOT doing expedite processing for second rfe.

it seems important. i will call her so that sh doesn do that and check with someone else before she does anything..

maybe even send it off myself to make sure it gets done right way-.-.

this process has really made a lt of frustration both for my son of 9 my boyfried and i...so sd... sthanks for encouraging us to be strong... its so important and i have heard it all the way

yes the lawyer wants to make it good now by sending the request for expedite processing..

we will gve it a couple of days...she has done mistakes which i think are reasons for getting meony back..which she doesnt wanna give...

such a shame...

thanks all and blessings!

[Purple Ma 0]

he is born in usa, and yes i think the copy of his passpor was unclear.

how can they do such a mistake and not see that?

and it was only the biographic page

i am so frustrated. me and my son cant even come and visit him

this is really hrd on us and its allñ the fault of the lawyer.

yes, we have replied to first RFE, its all good.

[MizT 1]

he is born in usa, and yes i think the copy of his passpor was unclear.

how can they do such a mistake and not see that?

and it was only the biographic page

i am so frustrated. me and my son cant even come and visit him

this is really hrd on us and its allñ the fault of the lawyer.

yes, we have replied to first RFE, its all good.

Hi do you mind telling me which law firm this is because my fiance is talking to Roth Immigration.. Is this the same firm?

[ndu26 114]

Thanks for reply.R eally appreciate. Maybe should have joined this page earlier...yes, those lawyers arens right for us--

maybe will just ask her to send me back all our documents---

we have done a mistake in using her.

We heard from her that it can take several weeks before noa1 comes and my fiance does not know anything about all of this stuff so i have had to take care of most of the process.

and i dont know much as the foreign person..

so i have kept the communication wt the lawyer and i had to make decisions-

now thanks for tip of NOT doing expedite processing for second rfe.

it seems important. i will call her so that sh doesn do that and check with someone else before she does anything..

maybe even send it off myself to make sure it gets done right way-.-.

this process has really made a lt of frustration both for my son of 9 my boyfried and i...so sd... sthanks for encouraging us to be strong... its so important and i have heard it all the way

yes the lawyer wants to make it good now by sending the request for expedite processing..

we will gve it a couple of days...she has done mistakes which i think are reasons for getting meony back..which she doesnt wanna give...

such a shame...

thanks all and blessings!

you already paid her to just hang in there and make sure you crosscheck anything she does or form she fills from this point onwards. Requesting for expedite on cases is not something we are entitled to when we fail to send in proper documentation. It is used more when there is an urgent NEED TO have the case sped up and you are required to show proof of such NEED. so the RFE has been answered right?

[ndu26 114]

h

yes, we have replied to first RFE, its all good.

ok just be patient and wait then. a lot of people who filed around that time are just getting their NOA 2s. the RFE may add few days/weeks delay to your case but after that things should go better. Just concentrate on building your relationship now and gathering proof of your union for when it will be required....airplane tickets ( if he has visited you guys), phone records, pics of you all together and with family and friends . if he is NOT the biological father of your son, I dont know how it works but research and see if you will be required to show any proof that the biological father does not have a problem with you immigrating with him( in order words that you have full custody).

[Purple Ma 0]

thanks so much for replies everyone! really appreciate that!

yes, we have already paid her everything, so will hng in ...not much left now till we get approval.

regarding asking for expedite is that the lawyer says they always just give he biographic page of the us citizens passport for aos applications... and she couldnt figure why that wasnt enough proof of citizenship as one ned to be a cictizen to have a us passport, plus they hadnt asked about that in earlier cases..

i am checking sincerely waht they send in now...

i feel that this one will go through quite quickly--

yees, realtionship building is important...

always love is most important

but also my son needs to start school from the new year and we dont have anywhere to live because the case have taken so long ..we were asked to move and we are traveling now to a country we have been dreaming of--

no, its not the law firm you are asking about

if circumstances are not very diffiocult its enough to do the application process oneself, at least one personally get to check that one have all the documents and have crossed it all off

blessings and good luck everyone!

[Purple Ma 0]

yes, i have full custody...

[milimelo 4,226]

Moving to K-1 visa process and procedures - nothing to do with tourist visa.

[beejay 123]

Reply to the RFE with a copy the USC's birth certificate. I realize the bio page of the passport is suppose to cover that but they are asking for something else so give them what they want.

[Andie 147]

If you look under Guides (top of this page) you will see K1 Flowchart which will give you an indication of how long things should take - the initial receipt should only take 1-3 weeks. After replying to an RFE sometimes as little as 2 weeks before you get an approval or otherwise. You wont get any action on an expedite just for an RFE, they just want the information they are asking for - which they will tell you in the RFE. Have a look at the K1 Guide and K1 Flowchart anyway - it just may help you to know what you can expect from USCIS and the consulate when you get to that stage. Doesn't sound like the lawyer knows much.

Best of luck with the rest of the journey

[Lainie B 465]

If using the passport to show citizenship in place of a birth certificate or naturalization certificate, you have to send a copy of ALL pages of the USC's passport, not just the bio page. It says that very clearly in the I-129f instructions. Your lawyer is wrong.

[Hank_ 9,173]

The guide sheet for USCIS states if using the passport as evidence a copy of ALL pages must be submitted, not just the BIO page.

Edited December 15, 2011 by Hank_Amy

[beejay 123]

If using the passport to show citizenship in place of a birth certificate or naturalization certificate, you have to send a copy of ALL pages of the USC's passport, not just the bio page. It says that very clearly in the I-129f instructions. Your lawyer is wrong.

I neglected to say this in my response but you should include this also.