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Should I Retain a Lawyer?

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Hello VJ Family! I really need your help. I filed a K-1 petition in 2006 and basically was bounced around for 3 years. In September 2009, I relocated to Senegal and married my hubby. Due to complications with my pregnancy, I returned to the U.S. in July 2011. My husband filed for a B1/B2 visa so that he could be with me during the delivery of our child, but was denied. I am concerned that since we have filed for two different visas, that it will cause complications with our CR1/IR1 process. Should I retain an immigration lawyer or do you I have a good chance of filing the petition on my own?



[link=http://www.weddingcountdown.com/]
[/link]

USCIS:

7/10/13--Mailed I-130 via USPS

7/11/13--Delivered to USCIS Chicago Lockbox @ 11:49 A.M.

7/11/13--NOA1

1/3/14---I-130 transferred to Nebraska Service Center (called USCIS @ 1:34 P.M. to receive update)

1/6/14---Received hardcopy of I-130 transfer notice

3/10/14--Received NOA2 via text message and email @ 2:30 P.M.

3/13/14--Case left USCIS via text message and email @ 8:15 A.M.

3/14/14--Received hardcopy of NOA2

NVC:

3/25/14--Case received by NVC

4/25/14--Case number assigned by NVC

4/30/14--DS-261 submitted to NVC

4/30/14--AOS Bill received

5/01/14--IV Bill received

5/13/14--AOS and IV Bills paid

6/25/14--AOS Package sent

6/27/14--AOS Package received

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Filing two visas??? That's probably why he got denied. Once you start the K1 visa, you can't file for any other visa. You could go to the nearest US Embassy and talk to them. If you don't want to deal with that and prefer an attorney (if you got the $$$) then go for it.

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Filing two visas??? That's probably why he got denied. Once you start the K1 visa, you can't file for any other visa. You could go to the nearest US Embassy and talk to them. If you don't want to deal with that and prefer an attorney (if you got the $$$) then go for it.

the visitors visa was filed five YEARS after the fiance.

i dont see how these denials could be related due to that


oldlady.gif

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neither of these previous applications are reason for you to get a lawyer

obviously you have experience filing so you should be able to do it again

and if you have any questions, ask away!

THANKS, KDH!!!



[link=http://www.weddingcountdown.com/]
[/link]

USCIS:

7/10/13--Mailed I-130 via USPS

7/11/13--Delivered to USCIS Chicago Lockbox @ 11:49 A.M.

7/11/13--NOA1

1/3/14---I-130 transferred to Nebraska Service Center (called USCIS @ 1:34 P.M. to receive update)

1/6/14---Received hardcopy of I-130 transfer notice

3/10/14--Received NOA2 via text message and email @ 2:30 P.M.

3/13/14--Case left USCIS via text message and email @ 8:15 A.M.

3/14/14--Received hardcopy of NOA2

NVC:

3/25/14--Case received by NVC

4/25/14--Case number assigned by NVC

4/30/14--DS-261 submitted to NVC

4/30/14--AOS Bill received

5/01/14--IV Bill received

5/13/14--AOS and IV Bills paid

6/25/14--AOS Package sent

6/27/14--AOS Package received

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Hello VJ Family! I really need your help. I filed a K-1 petition in 2006 and basically was bounced around for 3 years. In September 2009, I relocated to Senegal and married my hubby. Due to complications with my pregnancy, I returned to the U.S. in July 2011. My husband filed for a B1/B2 visa so that he could be with me during the delivery of our child, but was denied. I am concerned that since we have filed for two different visas, that it will cause complications with our CR1/IR1 process. Should I retain an immigration lawyer or do you I have a good chance of filing the petition on my own?

When you filed the k1 back in 2006 is this the same person you are filing for now? Was there an interview or what happened with the k1? If there was an interview and it was denied you might need to look into the reason why it was denied. Depending on what happened with the pervious k1 you may or might not need a lawyer.

Edit: Because I am not good typing.

Edited by Andy and Pui

AOS Journey

11-04-2011 sent AOS to Chicago lockbox

11-07-2011 delivered

11-08-2011 Date on text messages but did not receive until 11-22-2011

11-23-2011 Check cashed.

11-25-2011 Hard copies of NOA1s

12-06-2012 Pui's Brother unexpectly passes away and we make an info pass appointment and receive an emergancy AP so she can return home. Pui leaves for Thailand for 2 weeks.

12-06-2012 Get a text message and email that she received an RFE

12-12-2012 RFE for original birth certificate. I swear we sent it along with a certificate translation of it.

12-20-2012 Pui returns from Thailand.

12-21-2012 We send the RFE back for with original birth certificate along with a new certificate of translation(I had to wait for her to return for her to sign)

12-26-2012 text and email they have received the RFE.

12-29-2012 Appointment for biometrics is 01-23-2012

01-13-2012 AP is approved.

01-23-2012 Biometrics appointment. Later during the evening the text and email saying the EAD is approved.

01-31-2012 EAD/AP combo card arrives.

05-22-2012 Email and text card is in production!

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Filing two visas??? That's probably why he got denied. Once you start the K1 visa, you can't file for any other visa.

That is not true. You can be petitioned for/ file two different visas (even though in this case it wasn't at the same time). You just cannot HOLD two different visas. Ie if the person had a B2 tourist visa, and got approved for a K1 fiance visa, the B2 would be cancelled.

OP, you should be fine. There is nothing wrong with you guys having filed 2 visas before, though you should look into why the K1 was bounced around for so long- for example if it was for security/ name checks, that will likely happen again. If it was because they doubted your bondafide relationship, your being together for so long and living together and having a child should make this time around quicker.


Bye: Penguin

Me: Irish/ Swiss citizen, and now naturalised US citizen. Husband: USC; twin babies born Feb 08 in Ireland and a daughter in Feb 2010 in Arkansas who are all joint Irish/ USC. Did DCF (IR1) in 6 weeks via the Dublin, Ireland embassy and now living in Arkansas.

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having filed for B1/B2 visa does not exclude you from filing an immigrant visa, just that one has to be foregone and since he was denied anyway, i dont see what the problem is. Like others have said, investigate into what happened to the k1. Considering the time frame, I am sure it has automatically been cancelled but you still need to knw what was the reason for the delay when you had it in process.

Honestly unless ones case is full of so many twist and turns, I think attorneys are making a feast from people. so if your case is straight forward enough, do it yourself but seek direction whenever you found yourself confused. so many people are willing to help out here.


GOD has been WONDERFUL!!!
CR-1 (for Husband):
09/15/2012: Got Married
09/26/2012: Mailed I-130 from Nigeria( delayed by customs)
USCIS stage ( 66 days)
10/12/2012: NOA 1
12/17/2012: NOA 2 (case was transferred to NYC office 11/27/12)
NVC stage ( 20 days)
01/08/2013: Case # and IIN assigned ( file arrived NVC mail room 12/20/12)
01/09/2013: AOS invoiced and paid, DS-3032 emailed and mailed.
01/16/2013: IV invoiced &paid. AOS & IV mailed in one package(arrived 01/18).

01/28/2013: Case complete!!!
04/19/2013: Interview; APPROVED!!!!!
05/13/2013: POE; JFK


N-400: (3 months and 12 days)
Filed N-400 : 2011-06-17
Interview: 2011-09-27
Oath Ceremony: 2011-09-30

IR-5 for Mom Entire process took 5 months exactly
USCIS (22days)

mailed I-130 : 2011-09-30
NOA 1: 2011-10-03 (text & email)
NOA 2: 2011-10-25 (text and email)
NVC: (19 days)
Case entered and # assigned: 2011-11-18
NVC Case COMPLETED: 2011-12-07 ( 43 days from NOA 2 and 65 days from NOA 1)
Interview Date(Lagos): 2012-01- 23
Mom was late for interview
New Interview date: 2012-02-29 : VISA APPROVED

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That is not true. You can be petitioned for/ file two different visas (even though in this case it wasn't at the same time). You just cannot HOLD two different visas. Ie if the person had a B2 tourist visa, and got approved for a K1 fiance visa, the B2 would be cancelled.

OP, you should be fine. There is nothing wrong with you guys having filed 2 visas before, though you should look into why the K1 was bounced around for so long- for example if it was for security/ name checks, that will likely happen again. If it was because they doubted your bondafide relationship, your being together for so long and living together and having a child should make this time around quicker.

Here is some additional info concerning the K1 Visa petition. These are the responses that I received from the U.S. Embassy (all were via email; I never received a letter) concerning my husband's (then fiance's) case. I do not know if the his visa was ever denied; this is why I say that we were bounced around for 3 years before getting married. Please offer any suggestions:

Responsed on 5/2/07 VIA EMAIL after hubby's interview on 4/24/07:

Dear Ms. Petitioner,

During the interview stage of the immigrant visa process, consular officers have to review approved petitions to confirm that the requisite family relationship, on which the petition is based, exists. Mr. Beneficiary could not provide any convincing evidence of his relationship with you, and could not answer basic questions regarding the relationship. As a result, the consular officer referred his case to the Eligibility Review Unit for review. We will contact him if we need additional documents and/or conduct an in-depth interview.

Section 221(g) of the Immigration and Nationality Act (INA) prohibits a consular officer from issuing a visa to an alien if the consular officer has reason to believe that the alien is ineligible.

Eligibility Review Unit (KC)

I also received another email on the same day 5/2/07:

In order to proceed with this application for an immigrant/fiancé visa, this office must confirm visa eligibility. We will contact the applicant if we need additional information or if we need to conduct an additional interview. Until we have completed this review process, we cannot move forward with the visa application.

Please note that the interviewing Consular Officer will automatically refer all visa applications to the Consular Section’s Eligibility Review Unit for additional processing if the legal basis for visa eligibility was not established during the initial interview.

The length of time it takes to complete this processing varies considerably and unfortunately we cannot predict how long this review will take.

Best regards,

Consul

This is the "formal" letter that I received via email on 5/15/07:

May 15, 2007

Ms. Petitioner

[Address]

Dear Ms. Petitioner

During the interview stage of the immigrant visa process, consular officers have to review approved petitions to confirm that the requisite family relationship, on which the petition is based, still exists.

Unfortunately, MR. Beneficiary could not provide any convincing evidence of his relationship with the petitioner, and could not answer basic questions regarding the relationship. As a result the consular officer has scheduled Mr. Beneficiary for a more in-depth interview on August 2, 2007 at 2 PM. Please have him bring all evidence of his relationship to you ( pictures, letters..)and all his employment documents.

Sincerely,

Consular Assistant

The following email was sent on 8/10/07:

Dear Ms. Petitioner:

During the interview stage of the immigrant visa process, consular officers have to review approved petitions to confirm that the requisite family relationship, on which the petition is based, exists. If an applicant cannot provide any convincing evidence of his relationship with the petitioner and/or if the consular officer has reason to believe the applicant is ineligible because of issues other than family relationship, the case is referred to the Eligibility Review Unit. The Eligibility Review Unit must also address all additional concerns/issues that come up while analyzing those cases. I regret to inform you that we do not discuss the reasons why we ask certain questions.



Eligibility Review Unit (KC)



Email sent on 10/7/07:

Dear Ms. Petitioner:

Section 221(g) of the Immigration and Nationality Act (INA) prohibits a consular officer from issuing a visa to an alien if the consular officer has reason to believe that the alien is ineligible. Based on indications that the petition you filed contains inaccurate information, we are returning it to the U.S. Citizenship and Immigration Services (CIS) for review and possible revocation. If CIS determines that the information we are providing constitutes sufficient foundation for initiating revocation proceedings, you will be sent a notice of intent to revoke that includes a statement of facts and evidence and you will have the opportunity to respond. Under INA 222(f), which addresses the confidentiality of visa records, we are unable to provide any further details.



Sincerely,

Eligiiblity Review Unit (KC)for Chief, Immigrant Visa Branch



[link=http://www.weddingcountdown.com/]
[/link]

USCIS:

7/10/13--Mailed I-130 via USPS

7/11/13--Delivered to USCIS Chicago Lockbox @ 11:49 A.M.

7/11/13--NOA1

1/3/14---I-130 transferred to Nebraska Service Center (called USCIS @ 1:34 P.M. to receive update)

1/6/14---Received hardcopy of I-130 transfer notice

3/10/14--Received NOA2 via text message and email @ 2:30 P.M.

3/13/14--Case left USCIS via text message and email @ 8:15 A.M.

3/14/14--Received hardcopy of NOA2

NVC:

3/25/14--Case received by NVC

4/25/14--Case number assigned by NVC

4/30/14--DS-261 submitted to NVC

4/30/14--AOS Bill received

5/01/14--IV Bill received

5/13/14--AOS and IV Bills paid

6/25/14--AOS Package sent

6/27/14--AOS Package received

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Moved from Progress Reports to Process & Procedures.


Our journey:

Spoiler

September 2007: Met online via social networking site (MySpace); began exchanging messages.
March 26, 2009: We become a couple!
September 10, 2009: Arrived for first meeting in-person!
June 17, 2010: Arrived for second in-person meeting and start of travel together to other areas of China!
June 21, 2010: Engaged!!!
September 1, 2010: Switched course from K1 to CR-1
December 8, 2010: Wedding date set; it will be on February 18, 2011!
February 9, 2011: Depart for China
February 11, 2011: Registered for marriage in Wuhan, officially married!!!
February 18, 2011: Wedding ceremony in Shiyan!!!
April 22, 2011: Mailed I-130 to Chicago
April 28, 2011: Received NOA1 via text/email, file routed to CSC (priority date April 25th)
April 29, 2011: Updated
May 3, 2011: Received NOA1 hardcopy in mail
July 26, 2011: Received NOA2 via text/email!!!
July 30, 2011: Received NOA2 hardcopy in mail
August 8, 2011: NVC received file
September 1, 2011: NVC case number assigned
September 2, 2011: AOS invoice received, OPTIN email for EP sent
September 7, 2011: Paid AOS bill (payment portal showed PAID on September 9, 2011)
September 8, 2011: OPTIN email accepted, GZO number assigned
September 10, 2011: Emailed AOS package
September 12, 2011: IV bill invoiced
September 13, 2011: Paid IV bill (payment portal showed PAID on September 14, 2011)
September 14, 2011: Emailed IV package
October 3, 2011: Emailed checklist response (checklist generated due to typo on Form DS-230)
October 6, 2011: Case complete at NVC
November 10, 2011: Interview - APPROVED!!!
December 7, 2011: POE - Sea-Tac Airport

September 17, 2013: Mailed I-751 to CSC

September 23, 2013: Received NOA1 in mail (receipt date September 19th)

October 16, 2013: Biometrics Appointment

January 28, 2014: Production of new Green Card ordered

February 3, 2014: New Green Card received; done with USCIS until fall of 2023*

 

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I agree too. The outcome if that was the last of it seems pretty straightforward so you are good to go on your own.


GOD has been WONDERFUL!!!
CR-1 (for Husband):
09/15/2012: Got Married
09/26/2012: Mailed I-130 from Nigeria( delayed by customs)
USCIS stage ( 66 days)
10/12/2012: NOA 1
12/17/2012: NOA 2 (case was transferred to NYC office 11/27/12)
NVC stage ( 20 days)
01/08/2013: Case # and IIN assigned ( file arrived NVC mail room 12/20/12)
01/09/2013: AOS invoiced and paid, DS-3032 emailed and mailed.
01/16/2013: IV invoiced &paid. AOS & IV mailed in one package(arrived 01/18).

01/28/2013: Case complete!!!
04/19/2013: Interview; APPROVED!!!!!
05/13/2013: POE; JFK


N-400: (3 months and 12 days)
Filed N-400 : 2011-06-17
Interview: 2011-09-27
Oath Ceremony: 2011-09-30

IR-5 for Mom Entire process took 5 months exactly
USCIS (22days)

mailed I-130 : 2011-09-30
NOA 1: 2011-10-03 (text & email)
NOA 2: 2011-10-25 (text and email)
NVC: (19 days)
Case entered and # assigned: 2011-11-18
NVC Case COMPLETED: 2011-12-07 ( 43 days from NOA 2 and 65 days from NOA 1)
Interview Date(Lagos): 2012-01- 23
Mom was late for interview
New Interview date: 2012-02-29 : VISA APPROVED

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You will be fine to file on your own. Think of it this way even with a lawyer you have to still give them the evidence to submit for you.

Now that you are married and you have time together. Can I ask you these questions.

  1. Through these what 6 years how much face time have you had together?As in how long each visit how many visits.
  2. When was the last time you seen each other?

I would strongly suggest in your evidence that you will front-load like crazy you also include a very detailed Relationship Timeline so you can highlight key things like you told us. The K1, The B1, his baby born and he not there. They need to see this all neatly displayed infront of them.

Be prepared to submit to a DNA test down the road I am sure that will be required not a big deal but just a heads up.

You will be fine and no need to waste time on lawyer. But do have your husband go over interview questions and feel comfortable and answering. God bless u.


Case Complete to Interview spreadsheet

From now on your VJ Member name will be verified. If the name you put on form to be added to spreadsheet comes up not found, you will not be added to the spreadsheet. If you don't have a timeline you will not be added to the spreadsheet.
Please Please put your VJ member name only. Not nicknames or real names whatever your VJ name is. It's below your profile picture!!

:goofy:


Come join the current Interview thread: 

 

Case-Complete-to-Interview-November-2018/

Case Complete to Interview Form
Case Complete to Interview Spreadsheet
NVC Filers Wiki Process

 

 

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Filing two visas??? That's probably why he got denied. Once you start the K1 visa, you can't file for any other visa. You could go to the nearest US Embassy and talk to them. If you don't want to deal with that and prefer an attorney (if you got the $$) then go for it.

that is not why he got denied. No embassy is going to talk to to anyone about anything before a petition had been filed, an they ceratinly won;t talk to her, she wasn't the one filng. There is no reason whatsoever for her to hire an attorney.



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You will be fine to file on your own. Think of it this way even with a lawyer you have to still give them the evidence to submit for you.

Now that you are married and you have time together. Can I ask you these questions.

  1. Through these what 6 years how much face time have you had together?As in how long each visit how many visits.
  2. When was the last time you seen each other?

I would strongly suggest in your evidence that you will front-load like crazy you also include a very detailed Relationship Timeline so you can highlight key things like you told us. The K1, The B1, his baby born and he not there. They need to see this all neatly displayed infront of them.

Be prepared to submit to a DNA test down the road I am sure that will be required not a big deal but just a heads up.

You will be fine and no need to waste time on lawyer. But do have your husband go over interview questions and feel comfortable and answering. God bless u.

Thanks dwheels76 for your response! I have seen my hubby in 2005, 2006, 2008 (each visit time was for a month), and 2009. I did not visit my hubby in 2007 because I started the K1 petition. My hubby and I married in 2009 and lived together until July 2011.



[link=http://www.weddingcountdown.com/]
[/link]

USCIS:

7/10/13--Mailed I-130 via USPS

7/11/13--Delivered to USCIS Chicago Lockbox @ 11:49 A.M.

7/11/13--NOA1

1/3/14---I-130 transferred to Nebraska Service Center (called USCIS @ 1:34 P.M. to receive update)

1/6/14---Received hardcopy of I-130 transfer notice

3/10/14--Received NOA2 via text message and email @ 2:30 P.M.

3/13/14--Case left USCIS via text message and email @ 8:15 A.M.

3/14/14--Received hardcopy of NOA2

NVC:

3/25/14--Case received by NVC

4/25/14--Case number assigned by NVC

4/30/14--DS-261 submitted to NVC

4/30/14--AOS Bill received

5/01/14--IV Bill received

5/13/14--AOS and IV Bills paid

6/25/14--AOS Package sent

6/27/14--AOS Package received

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