Using an attorney

[Hoya21 1]

Hi everyone, we are filing an I-130 petition for my wife and her son. We are using an attorney in Colombia. The attorney filed the petition electronically and sent me the case number which says it is being reviewed. I never received a copy of the receipt notice in the mail and at the time I could not get ahold of our attorney. By the time he replied, apparently he had a medical emergency, I had already sent an inquiry to uscis about not receiving a notice in the mail. It is their reply that has me a bit concerned. 
 

On 03/01/2022, you or the designated representative shown below, contacted us about your case. Some of the key information given to us at that time was the following:

Caller indicated they are:
-- Applicant or Petitioner

Attorney Name:
-- Information not available

Case type:
-- I130

Filing date:
-- 11/01/2021
 

Type of service requested:
-- Non-Delivery of Approval Notice


The status of this service request is:

We have received your service request.  Our systems indicate that you are not the applicant, petitioner, or attorney of record for the receipt number provided.  Therefore, we cannot release any information to you regarding this case. 

The Privacy Act, 5 USC Sec. 552a, prohibits release of information to someone other than the affected party.  The affected party is typically the petitioner, applicant or attorney of record.  Disclosures of processing times and general procedures relating to certain form types do not fall under the Privacy Act.  However, information given to someone other than the affected party, such as the beneficiary, which relates to the specific processing or adjudication of a particular petition or application is prohibited by the Privacy Act and Service policy.

In addition, only the petitioner or applicant may request a change of address or other changes be made to the record.  We cannot process changes requested by the beneficiary or a third party.

We hope this information is helpful to you.

 

There is a few other things in the email that I omitted case number etc but basically it seems like they are saying my name was not on the petition?? Is something off here ? I double checked the case number was correct and it was what my attorney sent me. Also as of now I have seen a photo of the paper notice but for whatever reason my attorney has not mailed it to me as I asked him to do. 

[TBoneTX 43,060]

Welcome to the forum.

 

Out of curiosity, why would you use a Colombiano attorney?

Did you see and thoroughly check the forms before he submitted them?

If he acts irresponsibly or negligently, do you have recourse through Colombia's legal system?

Depending on the situation, you might have a lot of personal remediation  to do.

[Timona 3,941]

The same receipt notice on your online account is the same one that comes via mail. So, just print it. There's no difference. 

 

Unfortunately, filing I-130 is super easy if you have a straight forward case. You just lost $$ here. 

[Hoya21 1]

We opted to use him from a reference of a family friend who used him before. We did this mostly because we did previously file an I-129F and essentially they needed more proof of intent to marry as we were both in our 30’s. It ran out of time and was sent back. 
 

29 minutes ago, TBoneTX said:

Did you see and thoroughly check the forms before he submitted them?

Yes I did as I filled in the majority electronically and sent them to him. 

 

31 minutes ago, TBoneTX said:

Depending on the situation, you might have a lot of personal remediation  to do.

After finding this forum and searching for answers just via google I’m becoming more stressed and concerned with everything. Mostly I was content when he was responding now I am not sure what to think. Which is why I opted to join and get advise. And I believe your correct on this statement.
 

25 minutes ago, TBoneTX said:

If he acts irresponsibly or negligently, do you have recourse through Colombia's legal system?

I really have no idea. We signed a document for him to assist us through the process.

 

 

[Hoya21 1]

3 minutes ago, Timona said:

The same receipt notice on your online account is the same one that comes via mail. So, just print it. There's no difference. 

Certainly. I did decide to make an online account which I had not done previously. I wish I had researched more before I got into this. I tried to add this case number to my account and last I had checked it wouldn’t allow me. I will try this again.

[Timona 3,941]

3 minutes ago, Hoya21 said:

Certainly. I did decide to make an online account which I had not done previously. I wish I had researched more before I got into this. I tried to add this case number to my account and last I had checked it wouldn’t allow me. I will try this again.

 

Hopefully, he gave you the correct case number. 

Filing I-130 online is easy. The system tells you exactly what to submit. It holds your hand. 

Fire your attorney. Get some $$ back.

All the best. 

[Hoya21 1]

1 minute ago, Timona said:

 

Hopefully, he gave you the correct case number. 

Filing I-130 online is easy. The system tells you exactly what to submit. It holds your hand. 

Fire your attorney. Get some $$ back.

All the best. 

Yes I feel like the online is the way to go. The number he gave me matches the photo of the paper notice he had but apparently it went to him and not to me. He has not mailed it or a copy to me, the details match for my wife, our names etc. This is how I discovered it was in Nebraska. Yes I’m wondering if getting rid of him is what needs to happen. All I can do right now is view case status of the number I got. Feeling helpless. 

[TBoneTX 43,060]

Have heart.  It will take extra effort, but you can get this straightened out.  You have plenty of support here and it sounds as though your head is on straight, putting you ahead of the game.

 

Your success in this immigration journey relies on your reading accurately, interpreting instructions literally, and answering questions and forms completely and honestly.  Become an "A" student of the entire process, and you should be fine.

[SalishSea 16,775]

2 hours ago, Hoya21 said:

essentially they needed more proof of intent to marry as we were both in our 30’s

Why?  How would your age impact intent to marry?

[Hoya21 1]

8 hours ago, TBoneTX said:

Have heart.  It will take extra effort, but you can get this straightened out.  You have plenty of support here and it sounds as though your head is on straight, putting you ahead of the game.

 

Your success in this immigration journey relies on your reading accurately, interpreting instructions literally, and answering questions and forms completely and honestly.  Become an "A" student of the entire process, and you should be fine.

Thanks I have learned a lot about the entire process, more than I realized was even happening. 

 

6 hours ago, Jorgedig said:

Why?  How would your age impact intent to marry?

Age only being an opinion. In fact at the time I did not even have a passport. The reality is I was un informed going into the first petition. And ill prepared. I only knew that I was in love and she was gone back back to Colombia as her temporary visitor visa was 6 months. She was here for her sisters wedding.

[JeanneAdil 6,203]

u say he filed the I 130 for spouse visa

for a USC and CR1/IR1  the child also needs a I 130

has this been done?

[Hoya21 1]

7 minutes ago, JeanneAdil said:

u say he filed the I 130 for spouse visa

for a USC and CR1/IR1  the child also needs a I 130

has this been done?

I assume it would be a separate case number and notification? I only filled out one I-130 and a g-325a. However he did have us send him answers to a DS-260 for her and the child. So to answered that the best i can is no, not that I am aware.  
 

Additionally we were pushing to get all documents submitted before his 18th birthday. He said he had submitted the petition before the birthday 11-27 but our received date, 12-1-2021 is a few days after.  The child was not 18 at the time of marriage and we will be married for 2 years this December.

[JeanneAdil 6,203]

it would be separate I 130 with separate fee(s)

ds 260 for each 

u should have separate receipt #'s for each 

 

if this had been F2 then only 1 petition but CR1/IR1 is for USC 

[pushbrk 12,115]

3 hours ago, Hoya21 said:

I assume it would be a separate case number and notification? I only filled out one I-130 and a g-325a. However he did have us send him answers to a DS-260 for her and the child. So to answered that the best i can is no, not that I am aware.  
 

Additionally we were pushing to get all documents submitted before his 18th birthday. He said he had submitted the petition before the birthday 11-27 but our received date, 12-1-2021 is a few days after.  The child was not 18 at the time of marriage and we will be married for 2 years this December.

If you are a US Citizen, then two petitions needed to be filed.  There is no G325a form used anymore.  Are you sure you used G325a?

 

Another error I see is that there was no need to file the petition before the 18th birthday.  You just needed to marry before the 18th birthday.  Did you pay two $535 fees?  If not, you've got more of a mess than you thought but it can still be cleaned up.

 

[Hoya21 1]

2 hours ago, pushbrk said:

If you are a US Citizen, then two petitions needed to be filed.  There is no G325a form used anymore.  Are you sure you used G325a?

 

Another error I see is that there was no need to file the petition before the 18th birthday.  You just needed to marry before the 18th birthday.  Did you pay two $535 fees?  If not, you've got more of a mess than you thought but it can still be cleaned up.

 

I just double checked my email with what I sent back to him. It was a G-325A Biographic information (for deferred action). 

 

also one I-130 And I was partially mistaken on my memory here. There was also an I-130a and i-864. I realize that the documents were just him being proactive as the 864 comes later but I didn’t know half of what I do now until I found this site… and I’m still learning.

 

As for payment, well I sent him the money for what was needed in full. 😕 but my bigger concern is making sure I know now what’s going on and I’ll get over money lost. 
 

the notice I have from his picture says.