A newbie with timing concerns!

[marcycat 0]

I am so sorry you are having such an experience. One suggestion, before you go through with selling off things on ebay, hold on to the dress and accessories; even if you are not able to have your dream wedding in April, you can still wear your dress for a small ceremony when your fiance is able to arrive here. You may also wish to have a large 'reception' or special ceremony at a later date - maybe on your first anniversary - and you can wear it then for your family and friends. I hadn't planned on wearing a wedding dress because I knew our ceremony was going to be very small in front of a judge. Still, I found the perfect dress purely by accident - I wasn't even looking - and bought it. I wore it and it helped to make that small ceremony even more special. So, hang on to things like that for now until you have a better idea of what and when things will happen. Good luck in finding your answers soon and getting your NOA2 and your K-1 visa quickly.

How awful!! You have my sympathy.

I wanted to let you know about one strategy a couple I know used. Their fiance visa took way longer than the average timeline, and didn't come in time for their wedding date. He came, they had the wedding, but they didn't sign the mariage certificate. He then had to leave and go back to his home country. When the visa came through and he was able to come back, they went back to the person that had married them and signed. So their LEGAL mariage date is not that of their wedding. But emotionally, spritually, etc, they got married on their wedding date and that's what they celebrate as their anniversary.

[JenT 0]

So sorry your news wasn't more positive.... stay focused on your relationship and you'll get through this together.

Jen

[TimsDaisy 0]

Kym -

I'm a lawyer (NOT an immigration lawyer and not anyone's lawyer, so there's my disclaimer) and as such it pisses me off to hear about how you were likely screwed by someone who a) probably shouldn't have taken your case and B) ABSOLUTELY under no circumstances should have promised or assured ANYTHING ever. In fact, the unwillingness to speak in definite terms is something your lawyer should've mastered in law school.

Since you filed in the CA Service Center - are you in Cali and more importantly, is your attorney a California Attorney? If so, I encourage you to file a complaint with the California State Bar - check out www.cabar.ca.gov - to help keep other people from getting worked by your lawyer.

Best of luck.

[TimsDaisy 0]

oops - BAD LINK! I meant www.calbar.ca.gov

Call and report the #######! And every jurisdiction has a similar oversight body that can discipline lawyers who mess things up. If your lawyer was negligent, you should at least see about getting your fees and other costs back.

[1HappyGuy 45]

You need to get a Congressional aide working for you right now. Six months is the outside limit. It looks like your DS lawyer owes you a refund for being so stupid.

Get ahold of your local congressman and get them working on it right now. It looks like it's been misplaced. The USCIS doesn't like congress asking questions. If you were suppose to file in Nebraska, then the CSC is the right place for your file.

At least we know why the last date shown for CSC is from July. Hopefully a well placed phone call from your congressman's office will light a fire under someone and get you out and on to NVC. You still can make the April deadline but you need to move on this now.

Call your congressman's office this week. Don't wait another day.

[Kym 0]

oops - BAD LINK! I meant www.calbar.ca.gov

Call and report the #######! And every jurisdiction has a similar oversight body that can discipline lawyers who mess things up. If your lawyer was negligent, you should at least see about getting your fees and other costs back.

Thank you for your suggestions. However, let me clear a couple things up. In my first post I stated that my petition had been filed with the California Service Center, I guess I only assumed this because I knew that is where it should have been filed, because I had read that the Nebraska cases were all being transferred to California. When I contacted the USCIS I then found out that it was filed with the National Benefits Center and remains there. Now why it was not returned or forwarded on to the correct Service Center is beyond me but the fact remains my lawyer should not have messed it up in the first place. I live in Missouri and my attorney is also located in Missouri. My head has absolutely been spinning today. I tried contacting my lawyer a couple times by phone and he never returned my call. I then emailed him and I did get a response to my email, this was his response:

Kimberly & Darryl:

First – as to your calls – I have had a lot of clients in my office today, and still have two more appointments before I leave. I just have had a full day of appointments.

I picked up your file and looked at the address where the I-129f was sent, and it was mailed directly to the Missouri Service Center, which is the location where K-3 and K-4 visas are filed. Your case should have been filed with the Nebraska Service Center instead. Today we have sent a letter overnight requesting to have it forwarded to the Nebraska Service Center, with a request that it be done immediately. Furthermore, we are contacting the MSC liaison right now in an attempt to get the transfer done as quickly as possible. The liaison is an attorney that works closely with the service center in resolving issues. We will do everything we can to get this case transferred as quickly as possible.

Typically, when something is filed in the wrong location, it is either rejected outright or transferred immediately to the proper location. This doesn’t happen that often, but the CIS does change where they want things filed without notice from time to time. In those instances we have seen them reject or transfer the cases immediately, not wait for months with the case still pending.

Having said that, our office is responsible for filing all of our cases in the correct location, to the best of our knowledge at the time of filing. All I can do at this point is to offer you my sincere apologies and make sure we do everything we can to assist in getting the case transferred as quickly as possible.

A couple of things makes me irate about this email. He picked up my case today and saw it was filed in the wrong place. Darryl and I have contacted him several time via phone and email with very valid concerns. We have not been nuisance but knew something was not right with our case. He ALWAYS brushed us off with the advice to be more patient, it will be anytime now. We have been hearing that for months. If at anytime we would have taken us seriously and picked up our file, he could have caught this months ago.

The next thing is where he states that CIS does change where they want things filed without notice from time to time. That is BS...The National Benefits Center is not even one of the Service Centers. At no time (at least since we have filed) were the K-1 visas to be filed at this location. He is just trying to cover his ###.

Lastly, all he can offer us is his sincere apologies. That is not good enough. He has ruined our wedding, we will be out quite a lot of money not to mention the money we have already paid him for absolutely nothing. This is a matter that my fiance and I will be discussing a lot more and decide our actions we want to take.

He is trying to get this transferred as soon as possible to the Nebraska Service Center, but what about when it gets there. We then have to go through all the waiting once again to get our NOA2. I am VERY confident that if our lawyer had not screwed this up we would not have any problems have a beautiful, loving April 21 wedding. And I am a pretty forgiving person, everyone makes mistakes, right? But what really gets my goat is the fact that he has treated us as idiots this entire time, he would not give us his respect to actually listen to our concerns and take us seriously. I have been dissatisfied with his uncaring way for a long time but I kept telling myself that it is out of his hands, we just need to keep waiting for the NOA2.

I'm so upset and mad I could scream.

Thanks for listening and sorry about the rant!

Kym

[Kym 0]

I am so sorry you are having such an experience. One suggestion, before you go through with selling off things on ebay, hold on to the dress and accessories; even if you are not able to have your dream wedding in April, you can still wear your dress for a small ceremony when your fiance is able to arrive here. You may also wish to have a large 'reception' or special ceremony at a later date - maybe on your first anniversary - and you can wear it then for your family and friends. I hadn't planned on wearing a wedding dress because I knew our ceremony was going to be very small in front of a judge. Still, I found the perfect dress purely by accident - I wasn't even looking - and bought it. I wore it and it helped to make that small ceremony even more special. So, hang on to things like that for now until you have a better idea of what and when things will happen. Good luck in finding your answers soon and getting your NOA2 and your K-1 visa quickly.

How awful!! You have my sympathy.

I wanted to let you know about one strategy a couple I know used. Their fiance visa took way longer than the average timeline, and didn't come in time for their wedding date. He came, they had the wedding, but they didn't sign the mariage certificate. He then had to leave and go back to his home country. When the visa came through and he was able to come back, they went back to the person that had married them and signed. So their LEGAL mariage date is not that of their wedding. But emotionally, spritually, etc, they got married on their wedding date and that's what they celebrate as their anniversary.

Hi,

Your post has raised yet another question for me. We were told by my idiot lawyer that once we have filed for a K-1 visa his holiday visa is no longer good. In other words, since we filed for the K-1, he absolutely can not set foot into the USA until he is approved. Darryl was visiting me quite often before this and now we have not seen one another since June, that alone has even been stressful.

Can anyone please verify if this is true or is this one more thing that we have been mislead on???

Thanks again and again and again....

Kym

[meauxna 15]

Can anyone please verify if this is true or is this one more thing that we have been mislead on???

Categorically untrue (but be careful if that is what he actually told you or how you interpreted it).

You got a *very* raw deal from this guy and I'm afraid if it were me, I'd be in his face a bit more. At least he is telling you right about the private contact info--lawyers do have special access to the Service Centers. Next time you have him on the horn, ask him what he is going to do to expedite your petition.

I guess he never heard of Direct Consular Filing and how you could have (in June) had an Immigrant Visa in a day, in Australia....

Start a list of your economic damages.

And learn one lesson at least from this: stay on top of your case! Look around here for the instructions on getting email notifications from USCIS. And don't ever let anything go this long without hearing from CIS unless you have checked out other actual users' experiences with the same type of application and office.

[Rebecca Jo 1,962]

That lawyer's head would be mine. On a platter.

[Kym 0]

Can anyone please verify if this is true or is this one more thing that we have been mislead on???

Categorically untrue (but be careful if that is what he actually told you or how you interpreted it).

You got a *very* raw deal from this guy and I'm afraid if it were me, I'd be in his face a bit more. At least he is telling you right about the private contact info--lawyers do have special access to the Service Centers. Next time you have him on the horn, ask him what he is going to do to expedite your petition.

I guess he never heard of Direct Consular Filing and how you could have (in June) had an Immigrant Visa in a day, in Australia....

Start a list of your economic damages.

And learn one lesson at least from this: stay on top of your case! Look around here for the instructions on getting email notifications from USCIS. And don't ever let anything go this long without hearing from CIS unless you have checked out other actual users' experiences with the same type of application and office.

I have already set up to receive email notifications from USCIS, I did this long ago. I know it doesn't seem like it, but I have been continously active in following our case trying to get all the info I possibly could. I just didn't know of anyone else to ask that had gone through the same experience (I only learned of this website through google this past weekend). The only site I knew to follow that seemed worthwhile was the USCIS website and the processing dates. It had not passed our date (it is actually on our date now) and it never should that anything had been updated. Our lawyer informed us some time ago that there was not anyway of monitoring where our case was at in the process. He didn't even tell us there was a USCIS website. Something I found very easily shortly thereafter. We have contacted him and I have complained all along to my fiance my disatisfaction with the lawyer because of lack of information from him. I even contacted another lawyer located in Georgia at one point trying to get some information. He had a very informative website and decided to try talking to him. This lawyer was so kind and spent 20 minutes on the phone with me trying to give me assurance that we should be approved soon if everything was done properly. Of course we assumed it had. My point is, I rec'd more information from a lawyer that was talking to me for free and knew we had another lawyer than we ever thought about getting from our own.

As for me possibly misinterpreting him telling us that Darryl could not come back into the USA until he was approved. No way. I am absolutely, without a doubt this is what he told us. We even questioned this at a later date because I felt like I was loosing my mind and to be able for us to spend a little time together we thought would help out with the long long wait. He informed us that Darryl would be taking a HUGE risk, because if they 'caught' him it could certainly jepordize his approval. He suggested that perhaps we meet in another country to be able to visit one another. Something we have certainly been considering. He did say that they do this because they fear that the person would come into the country, get married and not leave.

So your response was "Categorically untrue"...can you please expand on this. I want to make certain that you are saying Darryl can enter this country without his K-1 visa approval and there would be no repercussions?

Kym

[Rebecca Jo 1,962]

I want to make certain that .......Darryl can enter this country without his K-1 visa approval and there would be no repercussions?

Kym

A K1 visa will not be 'denied' because of someone attempting to enter on a valid visa or the VWP.

There is always the possiblity of a turnback on attempted entry. Those on the VWP are more likely to be turned around if they have visited frequently and if the last visit was recent.

Should a turnback occur, depending on what is stamped (if anything) in the passport, the visa would at most be delayed because of further investigation into the incident.

Your lawyer is misinformed. Highly.

Edited January 30, 2007 by JohnnyQuest

[TracyTN 237]

Your fiance can absolutely visit you. Just be sure he brings ties to his home with him at POE (bank statements, employer letter, mortgage statement or letter from landlord, etc). This idiot lawyer has made enough mistakes - the last thing you need is to not even be able to have your fiance visit in the meantime.

Too bad this 'lawyer' was too useless to even have known about direct consular filing (which WAS an option for you back in June, but I don't think is an option any longer).

I agree with meauxna's statement about beginning a list of economic damages this idiot has (and will) cause you, alongside his huge, legal shortcomings (i.e list everything he got WRONG). All he had to do was read the damn form instructions (or, god forbid, a freaking web page). Tell him to get on the damn web - or were you not paying him enough?

You should be outraged - you have every right to be. He ought to be ashamed, and at the very least, reported by you to the state bar for flat out incompetance. You should also be refunded immediately of any monies you paid him (IMHO).

Edited January 30, 2007 by TracyTN

[Kym 0]

I want to make certain that .......Darryl can enter this country without his K-1 visa approval and there would be no repercussions?

Kym

A K1 visa will not be 'denied' because of someone attempting to enter on a valid visa or the VWP.

There is always the possiblity of a turnback on attempted entry. Those on the VWP are more likely to be turned around if they have visited frequently and if the last visit was recent.

Should a turnback occur, depending on what is stamped (if anything) in the passport, the visa would at most be delayed because of further investigation into the incident.

Your lawyer is misinformed. Highly.

This entire day is completely blowing my mind. I just can not believe I am reading this...that we have been so misinformed once again from our lawyer.

This has been a huge sticking point for us.

Darryl does not have a VWP, he has a holiday visa. He has been over here 3 times. In November of 2005, March of 2006 and again in June of 2006. That was his last visit.

I will look into this further in the morning. Heck, I would have looked into this further a long time ago if I even had an incling that could be untrue. I guess in all actuality, we could have a 'fake' wedding and reception as planned on April 21, then he go back to Australia and we have our real ceremony when he is approved and comes over?

Ahhhhhhhhhhhhh...I feel so mentally drained!

Kym

I will take any and all info on this matter anyone is willing to offer.

[TracyTN 237]

Darryl does not have a VWP, he has a holiday visa. He has been over here 3 times. In November of 2005, March of 2006 and again in June of 2006. That was his last visit.

A VWP is NOT A VISA. It stands for 'visa waiver program'. Certain countries are a part of the visa waiver program, which means they can enter on their passports for 90 days.

http://travel.state.gov/visa/temp/without/without_1990.html

If he's been over 3 times, I'm surprised he doesn't know about the VWP. Or maybe I'm just confused.

I think you need a few more answers before deciding on a definite course of action. I don't have great confidence that this 'lawyer' can somehow now miraculously extricate your case from where its currently buried, but I also suppose I'd give it a little time. Frankly, it wouldn't surprise me if they'd sent the petition back to your 'lawyer' who then proceeded to put it in the bottom of a huge stack of papers.

Personally, I'd be a bit careful having a 'fake' wedding and then going through the K1 process. If they got wind of the 'fake' wedding at the consular interview for the K1, you could have real problems. I'd be more inclined to have a true wedding, and then go for the spousal visa instead.

Edited January 30, 2007 by TracyTN

[Kym 0]

Your fiance can absolutely visit you. Just be sure he brings ties to his home with him at POE (bank statements, employer letter, mortgage statement or letter from landlord, etc). This idiot lawyer has made enough mistakes - the last thing you need is to not even be able to have your fiance visit in the meantime.

Too bad this 'lawyer' was too useless to even have known about direct consular filing (which WAS an option for you back in June, but I don't think is an option any longer).

I agree with meauxna's statement about beginning a list of economic damages this idiot has (and will) cause you, alongside his huge, legal shortcomings (i.e list everything he got WRONG). All he had to do was read the damn form instructions (or, god forbid, a freaking web page). Tell him to get on the damn web - or were you not paying him enough?

You should be outraged - you have every right to be. He ought to be ashamed, and at the very least, reported by you to the state bar for flat out incompetance. You should also be refunded immediately of any monies you paid him (IMHO).

No worries there, we will definitely be reporting this guy and I will except every cent refunded to us we have put into this mess. His payment and all monies we will be out.

As for not paying him enough, we agreed to make 3 installments. We have only made one installment and it was a little over 600.00. The next installment was due when he was approved and then again once he came over and needed to file for a green card. I honestly don't know what the average pay for this type of immigration work goes for from lawyers.