Changing attorney in the process

[ausqueen 0]

My US Citizen fiancee has filed a K-1 visa application over 3 months ago, via an attorney. However, 2 months later, we got an "RFE" notification!!! Again, it is being "handled" by our attorney, but we are both unhappy how long it is taking for our information to get back to USCIS.

My question is: how easy/hard it would be for us to dismiss/change our attorney and would it slow things down even more?

Your advice is much appreciated!

[Nizzy 1]

I think this process is fairly easy as long as you read over the instructions. I got my K-1 application approved here in the states before even finding VJ just by doing it all on my own and I know others who have done the same. This site just added to the info I needed to be successful. Just remember that no one is more invested in your case then you!

[wjr 3]

My US Citizen fiancee has filed a K-1 visa application over 3 months ago, via an attorney. However, 2 months later, we got an "RFE" notification!!! Again, it is being "handled" by our attorney, but we are both unhappy how long it is taking for our information to get back to USCIS.

My question is: how easy/hard it would be for us to dismiss/change our attorney and would it slow things down even more?

Your advice is much appreciated!

Can I ask you who your attorney is? I do not mean to change the subject for you, but when I hear a horro story about an attorney I want to know if it is mine also. Thanks, WJR.

[joeyjoey 1]

My US Citizen fiancee has filed a K-1 visa application over 3 months ago, via an attorney. However, 2 months later, we got an "RFE" notification!!! Again, it is being "handled" by our attorney, but we are both unhappy how long it is taking for our information to get back to USCIS.

My question is: how easy/hard it would be for us to dismiss/change our attorney and would it slow things down even more?

Your advice is much appreciated!

Seeing that you are working with CSC, 3-5 months is about the norm. The RFE could be for more evidence, IMBRA related, more proof of having met, anything. Doesn't necessarily mean the Lawyer screwed up. A lawyer cannot make the process move faster! They submit your petition and sit back and wait like everyone else, except they get paid while they wait.

Unless the Attorney is going to give you all the money back, you might as well stay with him. Don't spend any more money that you have to. I did not use an Attorney. Didn't need one with VisaJourney.

[rebeccajo 14]

You hired him. You can fire him. I'd make certain I got my file.

You might loose your retainer though. Read your agreement.

[Yodrak 7]

ausqueen,

Point of clarification: Your fiancee has filed a petition asking the the US government recognize that the two of you have a fiance/fiancee relationship. When the petition is approved, meaning that the US government accepts that the relationship exists, you will file a K1 visa application.

A petition is not a visa application. It is a prerequisite for a visa application.

Yodrak

My US Citizen fiancee has filed a K-1 visa application over 3 months ago, .....

Edited November 6, 2006 by Yodrak

[mrsushi66 0]

I went through this. Attorney returned all our money sent me the file and forwarded the RFE (took about 29 days for us to get the RFE but we got it). I simply wrote at letter containing our case number my fiance's full name my name and her country of origin and stated that the attorney was no longer representing us and sent it to USCIS.

Paul misses Anna.

[1HappyGuy 45]

You should fill out your time line. That would help us to evaluate your case. But, on the surface it doesn't seem to be far out of the norm for processing. Changing an attorney at this time is probably not recommended because that will just cause your case file to be moved again. If you have submitted the additional information requested in the RFE then sit back and wait. This is a very slow process. Ask anyone on VJ.

[Mel 0]

My fiance and I are going through the same thing. We hired an attorney and received an RFE 2 months after filing. He tried to blame it on IMBRA etc. We just received the RFE today by snail mail. I have no idea why they did not send it to the attorneys office but we are SO HAPPY that USCIS sent it to us. We are now wishing we would have never hired this attorney either. He even posts on his web page that they DON'T receive RFE's. Unbelievable isn't it?

Mel

[wjr 3]

My fiance and I are going through the same thing. We hired an attorney and received an RFE 2 months after filing. He tried to blame it on IMBRA etc. We just received the RFE today by snail mail. I have no idea why they did not send it to the attorneys office but we are SO HAPPY that USCIS sent it to us. We are now wishing we would have never hired this attorney either. He even posts on his web page that they DON'T receive RFE's. Unbelievable isn't it?

Mel

Hey Mel,

Can I ask who your attorney is?

[Mel 0]

WJR,

I sent you a pm with his name. If you have any further questions feel free to send me a pm

Mel

[CarolineM 0]

To the OP: Have you examined a DCF option?? (Unless you have a lawyer because your case is complicated....) It's a good option for Australians

[ausqueen 0]

To the OP: Have you examined a DCF option?? (Unless you have a lawyer because your case is complicated....) It's a good option for Australians

Hi CarolineM,

happy anniversary today! (of joining vj) And upcoming wedding anniv. Lucky you!

Hey, what do you mean if I checked re DCF? Isn't that only for you "already married" ones? Did you file K-1 and then changed it by filing in Sydney after you got married, or I-130 was the only thing you filed???

And... you got your visa and interview the same day you filed?!?!?! I thought there was just about the same wait for either. How the heck did you manage to do that? Know of other Aussies who went the same way?

I should go and read all 55 pages in Oz thread, I guess!

xxoo from Sydney

vik

[CarolineM 0]

You DO have to be married, yes, but if you can get married, the processing is SUPER fast. They've made a few changes since I did it -we DID interview and get visa on the same day, but there are some changes now.

Even with the changes, I'd say it would only take a few months from start to finish. The USC has to be there at least once to file the petition for ya'll. Lunamel just did DCF there so you can read her experience, but if you have a little extra money to get the USC to Australia and don't mind getting married to do this...it's a good option. Cuts heaps of time off of your journey.

We married in Dec, and I went back in MArch, but COULD have done it all at the same time. We did it all in ONE day...again changes have been made, but Australia is one of the few countries where you can DCF regardless of residency of the USC. Heaps of Aussies on this site have done it.

Edited November 10, 2006 by CarolineM