I am oversea

[aaron2020 11,651]

7 minutes ago, Sparrow said:

She visit me and meet with me and my brothers and we have pictures and she is visiting me again in January and we will start the process in February and we are going to hire the attorney name Shihab Attorney he specially deal with denials cases what do you think about?

In your case, it would be wise to hire an experienced immigration lawyer since you've already had a denial.
 

America has over 350,000,000 and is BIG.  It's highly unlikely anyone would know anything about this attorney that has only one name - Shihab.  No one can tell you if he's good or not.  Your wife will have to determine if he's the right attorney for the two of you.

 

[Sparrow 23]

On 11/5/2019 at 11:14 PM, aaron2020 said:

In your case, it would be wise to hire an experienced immigration lawyer since you've already had a denial.
 

America has over 350,000,000 and is BIG.  It's highly unlikely anyone would know anything about this attorney that has only one name - Shihab.  No one can tell you if he's good or not.  Your wife will have to determine if he's the right attorney for the two of you.

 

This is the Shihab attorney https://www.shihabimmigrationfirm.com/family-based-immigration/marriage-fraud/

[aaron2020 11,651]

1 minute ago, Sparrow said:

This is the Shihab attorney https://www.shihabimmigrationfirm.com/family-based-immigration/marriage-fraud/

No one knows him.  You have as much information as we do.  

[Sparrow 23]

13 minutes ago, aaron2020 said:

No one knows him.  You have as much information as we do.  

Do u know anyone who can help us?

[Sparrow 23]

On 11/5/2019 at 8:46 PM, Villanelle said:

Honestly I am not sure if she was trying or is even trying now. I know its horrible to say, and I usually try not to pass judgement or offer relationship advice unless the poster is asking for such- but I know I am not the only one who has suspicions about the wife based on whats gone on. I know myself and others are worried the wife does not have good intentions and is simply milking Sparrow for financial support while dragging on the process. Hopefully that is not true and perhaps she is just a stubborn person that wants to do things her way and discount any advice or help- which is what happened and then led to the wasted time, money, and a denial. So it was great to read that she was getting an attny to help but then not so great it was an employment immigration attny 4 hrs away. Was that intentional sabotage or ignorance- I dont know, I hope the latter. 

 

While its usually hard for the overseas spouse to participate in the initial filing portions that fall on the US spouse and many times on VJ the overseas spouse is told 'your US spouse should be doing this' and taking care of stuff and learning the process-- in this case it is important for Sparrow to be as involved as he can be and to stay on top of what is going on and to have a good line of communication with the attny they hire because for whatever reason the wife is struggling to do things properly. Sparrow seems to be a good guy with pure intentions so I wish him the best. 

If I apply again I can apply with i125 form with my cr1 visa application and If they approve i125 form I can go while my case is in process? 

[Boiler 43,430]

What is an I 125?

[Sparrow 23]

3 hours ago, Boiler said:

What is an I 125?

Sorry its i129 form not i125 form

If you are a U.S. citizen and you filed a Form I-130, Petition for Alien Relative for your foreign spouse who is abroad, you can also file a Form I-129F, Petition for Alien Fiancé(e). This is the first step for your spouse and his or her children to obtain a visa to come to the United States while you wait for USCIS to make a decision on the Form I-130. Historically, you and your family members might have been separated for some time while waiting for a decision on your Form I-130. Congress sought to resolve this problem by creating K-3 and K-4 nonimmigrant visas to shorten the time your family would need to spend apart. However, because USCIS now takes less time to adjudicate the Form I-130, the current need for K-3 and K-4 visas is rare.

 

If you are a U.S. citizen, your foreign spouse may be eligible for a K-3 visa if he or she:

• Is married to you;
• Is the beneficiary of a Form I-130, Petition for Alien Relative that you filed for him or her; and
• Seeks to enter the United States to await USCIS’ decision on the Form I-130.

A child of your foreign spouse may be eligible for a K-4 visa if he or she is:

• Under 21 years of age;
• Unmarried; and
• The child of the K-3 visa applicant you filed for.

To obtain a K-3 visa for your spouse, you (the U.S. citizen) must first file two petitions with USCIS:

• Form I-130, Petition for Alien Relative: Submit Form I-130 to the correct USCIS address. To find the correct address, go to the “Where to File” section on the Form I-130 page. You will then receive a Form I-797, Notice of Action, indicating that USCIS has received your Form I-130.
• Form I-129F, Petition for Alien Fiancé(e): Submit Form I-129F to the correct USCIS address. To find the correct address, go to the “Where to File” section on the Form I-129F page. You may file Form I-129F together with or after filing Form I-130. If you file Form I-129F after filing Form I-130, include a copy of the Form I-797, Notice of Action, to show that USCIS received your Form I-130. There is no fee if you are filing a Form I-129F for a spouse to obtain a K-3 visa.

To obtain a K-4 visa for your spouse’s children, you do not need to file a separate Form I-129F or Form I-130. You must list your spouse’s children on the Form I-129F you filed for your spouse.

Please note, however, that you must file a separate Form I-130 for your spouse’s children before they may apply for a Green Card. In order for you to create an eligible step-parent/step-child relationship, the child must have been under 18 years of age when you and your spouse married. 

If USCIS Approves Form I-130 First or at the Same Time as the Form I-129F

If USCIS approves your Form I-130 before or at the same time as your Form I-129F, your spouse and his or her children will no longer need a K-3 or K-4 visa. This occurs in the vast majority of cases. When your spouse’s approved Form I-130 reaches the Department of State, an immigrant visa is immediately available to him or her. Your spouse and his or her children then must apply for immigrant visas and seek admission to the United States as lawful permanent residents.

Because K-3 and K-4 nonimmigrant visas are no longer available to your spouse and his or her children at this point, the K-4 child will not be able to immigrate with your spouse unless the child has an approved Form I-130 at the Department of State at that time. 

If USCIS Approves Form I-129F First

If your Form I-129F petition is approved before your Form I-130, USCIS will send your petition to the Department of State. To receive a K-3 or K-4 visa, your spouse must submit a nonimmigrant visa application with the Department of State. Your spouse does not need to submit Form I-864, Affidavit of Support when applying for the K-3 or K-4 visa but will need to provide evidence showing that he or she will not become a public charge while in the United States. For more information on the visa application process, please see the Department of State’s Nonimmigrant Visa for a Spouse (K-3) webpage.

[SalishSea 16,770]

3 hours ago, Sparrow said:

If I apply again I can apply with i125 form with my cr1 visa application and If they approve i125 form I can go while my case is in process? 

No, sorry.  Does not work that way.

[Sparrow 23]

2 minutes ago, Jorgedig said:

No, sorry.  Does not work that way.

I129 form not i125 form and it's uscis website says it's work that way and it's free to apply for that form 

[Villanelle 4,121]

8 minutes ago, Sparrow said:

I129 form not i125 form and it's uscis website says it's work that way and it's free to apply for that form 

You can apply for that. Its called the K3. (search VJ about K3). But there is little to no chance your K3 will be approved. I believe last year only a handful were approved (4 or 5 of them). But filing the K3 along with the CR may speed up your wait time. Basically the K3 is no longer issued. Policy dictates when they come across one to deny it in favor of approving your CR. In some service centers they get to your K3 before your CR, so in those cases the wait time is reduced. There are plenty of posts about this on VJ so use search and of course post back if you have more questions about it.

[SalishSea 16,770]

11 minutes ago, Sparrow said:

I129 form not i125 form and it's uscis website says it's work that way and it's free to apply for that form 

Sure, you can submit that form.

 

17 minutes ago, Jorgedig said:

If they approve i125 form I can go while my case is in process? 

This was what I was addressing:  you cannot do that.

[Sparrow 23]

On 12/7/2019 at 3:37 AM, Jorgedig said:

Sure, you can submit that form.

 

This was what I was addressing:  you cannot do that.

Hi how are u? I want u to tell me which attorney we have to hire this time ur help will be highly appreciated it

[SalishSea 16,770]

42 minutes ago, Sparrow said:

Hi how are u? I want u to tell me which attorney we have to hire this time ur help will be highly appreciated it

I don’t know of any attorneys, sorry.

 

What happened with  Shihab?

[Just Paul 4,591]

Your wife needs find an immigration attorney close to where she lives that she can communicate with.  

 

You have mentioned at least 2 attorneys so far.  I can only assume they either cost too much, won't take the case or are telling you how hard your case is and you don't believe them.

 

I'd recommend she contact https://www.immigrationadvocates.org/nonprofit/legaldirectory/organization.393393-Commonwealth_Catholic_Charities_Hampton_Roads_Office

 

or any of the providers on that site.

[Sparrow 23]

On 1/8/2020 at 9:32 PM, Paul & Mary said:

Your wife needs find an immigration attorney close to where she lives that she can communicate with.  

 

You have mentioned at least 2 attorneys so far.  I can only assume they either cost too much, won't take the case or are telling you how hard your case is and you don't believe them.

 

I'd recommend she contact https://www.immigrationadvocates.org/nonprofit/legaldirectory/organization.393393-Commonwealth_Catholic_Charities_Hampton_Roads_Office

 

or any of the providers on that site.

They didnt handle the complex cases like ours