Just Starting Out

[Dima_April 9]

Hello everyone,

I met my fiancé almost one year ago this November, on a dating site. We hit it off immediately, talking by emails for hours (one message after another). Eventually we began to use Skype and by spring of 2015, he came to the states to visit. He stayed with me for five weeks and then returned home, so he could go back to work. My fiancé, is from Russia and he is 4 years younger than I. Yes, I robbed the cradle, just a little. I also asked him to marry me - I'm stepping outside of the box. Usually, I'm more traditional. Anyways, while on his visit to the states, he took me to a jewelry shop in NYC and purchased an engagement ring.

I had been going to file for the K-1 myself, but I ended up hiring a lawyer. Why? It's complicated. I had been a care giver to both parents, taking three years off work to provide additional in home support to hospice. They passed less than two weeks apart, March 2014. Afterwards, I was hired into the high school, working as their permanent sub. I work everyday that school is in session and I am employed directly with the public school. I became vested as of May 2015 (I've been in the school system various ways for a long time). Regardless of being hired in, my income tax for the years taking care of the parents was next to nothing. With the new job, I will fall short of the poverty guidelines just a little. My brother, would not co sponsor. So, I had to ask a local business man if he would co sponsor and he said yes, but that I needed to have a lawyer, if he signed anything. This is how I ended up not doing the forms myself.

The lawyer misspelled my fiancé's mothers name, we caught and corrected. Made a typo on mine, caught and corrected. Added the wrong date for my divorce, caught and corrected. Sent the I129F out and missed a mistake. Instead of spelling my fiancé's name Dmitrii (which is correct), he spelled it Dimitrii (incorrect). My question is, how badly is that going to hurt us and what do we do to correct this? Someone on a Facebook group told me that when we get our notification of acceptance, we can inform USCIS at that time and make the correction, is that true? Also, my lawyer sent the I129F and supporting documents to the Lock Box in Chicago. Everyone on the group page, is screaming that he should have sent it to the Lock Box in Texas. When I came to this site, I noticed others had sent their petition to Chicago. The lawyer, said this is correct for our location. I live in Michigan.

Can someone help me answer these questions. I'd fire the lawyer, but I'm locked in a contract and if I need him for the co sponsor cannot let him go!

I should mention, I might not need a co sponsor, but not positive at this time. I'm going to low ball it and say my AGI is roughly at $15,000 for the school year (could be a little higher), my bank account stands at $76,000, the home was appraised at $70,000 with no mortgage and the pension although small is at $7,000. I'm not sure if this will be enough. The lawyer seems to think so, but then again, look at his mistakes on a simple form.

Thanks so much for advice. I'm worried.

Min

[Boiler 47,786]

You work full time as a teacher and you can not meet the sponsorship requirements?

[Dima_April 9]

I work full time as a "Substitute" teacher. There is a difference in pay between a "Regular" teacher and a "Sub" teacher. Significantly.

[Dima_April 9]

Again, please read my original post. I explained that I took three years of to care for parents that were both enrolled in hospice. I would do it again, in a heart beat. I am not like other sub teachers within our district. A normal sub teacher works only when called and can have many days off. I am "hired in" to the schools as their backup when other subs cannot be found and placed in a classroom which a teacher is absent. If there is no one out for the day, I work in the office and yes, for peanuts. However, it was a start after taking time off and I was only a 1/4 of a year away from being vested. Now I am and I locked in group insurance for later in life. Can you answer any of my questions that I posted, or do you have no advice?

[baron555 934]

So, I had to ask a local business man if he would co sponsor and he said yes, but that I needed to have a lawyer, if he signed anything. This is how I ended up not doing the forms myself.

Oh well, you still have to do all the legwork of obtaining all the documents.

The lawyer misspelled my fiancé's mothers name, we caught and corrected.

Strike One!

Made a typo on mine, caught and corrected.

Strike Two!

Added the wrong date for my divorce, caught and corrected.

Strike Three!

Sent the I129F out and missed a mistake. Instead of spelling my fiancé's name Dmitrii (which is correct), he spelled it Dimitrii (incorrect).

Strike Four! Time for a refund !!!

My question is, how badly is that going to hurt us and what do we do to correct this?

Not a problem. Correctly fill out a new 129f form and send it to your fiance in time for his interview. He can give it to the interviewer. They will use his passport to draft the visa so that will be the name they use.

Someone on a Facebook group told me that when we get our notification of acceptance, we can inform USCIS at that time and make the correction, is that true?

No not really. Only if you get an RFE, can you send in additional information along with the documents they desire as part of the RFE.

Also, my lawyer sent the I129F and supporting documents to the Lock Box in Chicago.

Strike Five! It will be returned because the instructions, which are written in plain English, give only one address, TX.. (AOS forms are sent to Chicago; great lawyer you have!)

Everyone on the group page, is screaming that he should have sent it to the Lock Box in Texas. When I came to this site, I noticed others had sent their petition to Chicago. The lawyer, said this is correct for our location. I live in Michigan.

Texas is the only address for K-1 petitions.

Can someone help me answer these questions. I'd fire the lawyer, but I'm locked in a contract and if I need him for the co sponsor cannot let him go!

You should get some refund since they have mucked it up all along....or free processing for AOS and ROC.

I should mention, I might not need a co sponsor, but not positive at this time. I'm going to low ball it and say my AGI is roughly at $15,000 for the school year (could be a little higher), my bank account stands at $76,000, the home was appraised at $70,000 with no mortgage and the pension although small is at $7,000. I'm not sure if this will be enough.

It won't be. I believe the minimum for a household of two is just over $19,500. Bank savings I believe are valued at 33% of the total, you would need to include an official appraisal of the home if you use that and the pension doesn't count unless you are receiving regular payments.

The lawyer seems to think so, but then again, look at his mistakes on a simple form.

Do research on the usage of the bank savings. Maybe you're clear. Based on income alone, you are not.

There's still time. Another part time job could help.

Edited November 3, 2015 by baron555

[KayDeeCee 4,903]

You might be ok with the income and assets, but no one can guarantee either way. The CO will have the sole discretion on judging whether or not your fiance(e) will become a public charge. Since you would be relying on a house value as an asset, your best bet would be to get a co-sponsor to be on the safe side.

It clearly states the mailing address for the I-129F petition on the USCIS web site where you download the form and instructions. Mailing the I-129F petition is also not based on where you live. Your lawyer should be fired. > http://www.uscis.gov/i-129f

[Dima_April 9]

News just in after work tonight, for all the lawyers mistakes, I just received a text from USCIS stating that our case was received. I have a receipt number and the official receipt notice (I-797) to follow in the mail. Our case was re-routed to California.

Also, spoke with a different attorney and she said the best time to fire him, is when we either have the approval or an RFE; easier to switch attorneys at that time (less confusion). I called the state bar today as well and they are sending me grievance forms.

[pochemuchka 2]

Hey Min,

regarding changing your fiance's name, it shouldn't be a problem at all! Once i received my NOA1 in the mail, I saw that my fiance's date of birth was wrong, so I called the phone number on the paper and told someone, and they told me it would take 3 weeks. So in three weeks I got a letter in the mail stating that they fixed it. Now I believe I have to wait even longer for NOA2, not really considered an RFE but, just I'm an idiot so, great. Also I've noticed that a Russian hasn't gotten an NOA2 in a month now, so maybe they are backed up a little with processing for Russia, I have no idea. Good luck!