need some advice .. should we get attorney ?

[CaeselynRonald 6]

Hi Guys i need some advise .. we filed K1 visa last May 2015 ang get interviewed last October 2015 but denied because my fiance failed to disclose his old petition to her ex fiance 8 yrs ago .. USCIS send us termination letter and they say we can refile. now we want to refile and my fiance want to get a lawyer .. the lawyer cost alot and i think we cant afford it .. he is doing his best to get me and my daughter even though i know its hard because we already spend alot of money when we first filed K1 visa .. i want to tell him not to get a lawyer so we can save money .. is it really complicated result so we need to get a lawyer ??? i hope anyone can advise me and i want to understand and to know what to do all i want is to be with him i already miss him a lot .. i attached the termination letter we get from USCIS ...

now my question is do we really need to get a lawyer ??? or we can do it by ourselves ???

hope anyone can advise me and make me understand everything .. thanks alot !

[dulce_lluvia 0]

It depends if you have the time or not.

The lawyers are really used to doing these things all the time, know how to organize the papers, what the USCIS is looking for and everything so they might be able to do it quicker. Essentially you would gather all the information and documents, but they will organize it and make it look good for you and tell you everything you need and are missing. But you should be careful because there are a lot of lawyer who will not completely take the time on your case. This happened to me. I am a college student so I did not have the time and depended on a lawyer, but he also was always in court and had an assistant do everything for him, then she missed information and I received an RFE. So if you decide to get a lawyer, make sure you look for one who will give you time and answer all your questions.

but, if you have the time, i would recommend to do it alone. There are a lot of websites and information you can find online. especially this one. examples of forms, people who share the experience and all of that. but you need the time to be on the internet and looking for information, Best of luck!

[Fuji1978 33]

How do you know that the reason for denial was a failure to mention a previous petition filed 8 years ago? Usually the term is within the past two years they're concerned with. This is just a standard K-1 denial letter that is mailed to everyone denied a K-1 visa. Did the CO specifically tell you the reason for denial at the interview?

[Ebunoluwa 6,136]

The letter is a standard USCIS letter informing you of the expired petition.

What is more important is what was given during the interview ?

There must have been a 221g sheet given with the reason for refusal marked or handwritten during the interview.

If misrepresentation was mentioned or marked on the 221g sheet as reason for refusal then yes, you will need to consult an attorney

because then you would need a waiver.

Why was it not disclosed ? It specifically asks on the form about previous petitions.

[CaeselynRonald 6]

How do you know that the reason for denial was a failure to mention a previous petition filed 8 years ago? Usually the term is within the past two years they're concerned with. This is just a standard K-1 denial letter that is mailed to everyone denied a K-1 visa. Did the CO specifically tell you the reason for denial at the interview?

Yeah the CO says he cant issue me a visa because of the previous petition ..

[CaeselynRonald 6]

I mean prior petition

[Ebunoluwa 6,136]

I am getting confused with who is the petitioner and who is the beneficiary because you posted " his old petition to her ex fiance".

Who had the previous case ? The USC petitioner petitioning someone else 8 years ago or the beneficiary who had another USC petition him/her before ?

What stage did the previous case reach ? Was it approved at USCIS and then forwarded to the embassy ? Was it withdrawn ?

Need more details.

[pch1 64]

I am getting confused with who is the petitioner and who is the beneficiary because you posted " his old petition to her ex fiance".

Who had the previous case ? The USC petitioner petitioning someone else 8 years ago or the beneficiary who had another USC petition him/her before ?

What stage did the previous case reach ? Was it approved at USCIS and then forwarded to the embassy ? Was it withdrawn ?

Need more details.

Ebunoluwa, sometimes Filipinos refer to a male instead of "his" they say "her"

I encounter this all the time and try to correct them...So I am sure she means "his ex fiance".

Edited April 2, 2016 by Pch1

[Ebunoluwa 6,136]

Ebunoluwa, sometimes Filipinos refer to a male instead of "his" they say "her"

I encounter this all the time and try to correct them...So I am sure she means "his ex fiance".

Yes, same in my hubby's culture but I am still confused with who is who in the post.

I now reread it and it reads like the USC filed a previous I-129 f and did not disclose it.

If that is correct then it is my understanding that he can re file it without an attorney.

He can consult an attorney and just pay for a short phone consult instead of having the entire petition handled by him.

Edited April 2, 2016 by Ebunoluwa

[Jack2107 46]

When it was sent back to the uscis you should have just sent in the corrected information then you wouldn't have had to start over again. Now because you didn't do anything the petition is void.

Just start again and make sure you don't leave anything out. What happened to the petition the CO was talking about? Was that for you or for another ex fiancé from a different country

[CaeselynRonald 6]

I am getting confused with who is the petitioner and who is the beneficiary because you posted " his old petition to her ex fiance".

Who had the previous case ? The USC petitioner petitioning someone else 8 years ago or the beneficiary who had another USC petition him/her before ?

What stage did the previous case reach ? Was it approved at USCIS and then forwarded to the embassy ? Was it withdrawn ?

Need more details.

Oh yeah my mistake. I mean his old petition to his ex fiance. He got prior petition to his ex fiance from germany .. he didnt withdraw it because he thought its too old its been 8 yrs since he files that .. his friend told him that the petition to be withdraw is only 2 yrs old

[CaeselynRonald 6]

Iam the Beneficiary

[Ebunoluwa 6,136]

When it was sent back to the uscis you should have just sent in the corrected information then you wouldn't have had to start over again. Now because you didn't do anything the petition is void.

Just start again and make sure you don't leave anything out. What happened to the petition the CO was talking about? Was that for you or for another ex fiancé from a different country

USCIS would not have accepted it that time, not for a I-129f, they purposely let it expire.

[Ebunoluwa 6,136]

Oh yeah my mistake. I mean his old petition to his ex fiance. He got prior petition to his ex fiance from germany .. he didnt withdraw it because he thought its too old its been 8 yrs since he files that .. his friend told him that the petition to be withdraw is only 2 yrs old

Was the previous petition approved or not.

Re file and answer truthfully every question.

Though it has been over 2 years ago I would still include a multiple filing waiver request which is just a simple statement, as some IO's

RFE for not having a waiver request.

If you had an I-129F petition approved less than 2 years ago AND this is your 2nd I-129F petition; OR this is your 3rd (or more) I-129F petition, you are required to submit a request for a waiver of the multiple filing limitations.

RE: General Waiver for multiple filers

To Whom It May Concern:

In compliance with the International Marriage Broker Regulation Act (IMBRA), I respectfully request a waiver on the filing limitations in connection with my current petition. A waiver is appropriate in my circumstance because I have no criminal history with regard to the “specified crimes” under IMBRA.

I have one prior approved Form I-129F for [NAME], receipt number [RECEIPT #]. This petition was approved on [DATE], and resulted in...

Evidence to support this waiver includes:

[YOUR EVIDENCE]

Thank you for your kind consideration of my request.

Sincerely,

Explain what happened with your previous petition, and include evidence to support it. You say the first visa was denied, then include as evidence the denial notice which states the reason you were denied.

With all that you shouldn't need an attorney. Get your petitioner registered here to make sure he will have a complete package

the next time. Even an attorney can delay you. Every petitioner as well as their beneficiary should do research on this 'do it yourself' site.

[KayDeeCee 4,899]

Refile and be sure to correctly answer all questions on all forms. If it asks anywhere if you ever filed a petition for anyone, then you answer yes and fill in that info. It should have been done that way the first time around.

If the old petition never led to a visa being issued, then have the USC go ahead and send a withdrawal letter to the USCIS asking that the old petition be withdrawn. He can include a copy of that letter with his new I-129F submission too.