K1 adjust status

[Nazeer 1]

I’m a k1 holder and I’m in the US.
I married my spouse within the 90 days. 
My lawyer filed concurrent i-485 with “ I-130 “ 
In addition to i-765 and i-131.
I saw people posting that k1 holders don’t need to file i-130. 
My pd is March, 31.
My status is “ Case was received and a receipt notice was sent “.
I don’t prefer withdrawing the process and wait again. I didn’t even have my work permit.
What do you think guys ? 
I called my lawyer and they said they know how things work and just relax!

[SalishSea 16,945]

1 hour ago, Nazeer said:

I’m a k1 holder and I’m in the US.
I married my spouse within the 90 days. 
My lawyer filed concurrent i-485 with “ I-130 “ 
In addition to i-765 and i-131.
I saw people posting that k1 holders don’t need to file i-130. 
My pd is March, 31.
My status is “ Case was received and a receipt notice was sent “.
I don’t prefer withdrawing the process and wait again. I didn’t even have my work permit.
What do you think guys ? 
I called my lawyer and they said they know how things work and just relax!

Your lawyer was stupid and wasted your money.   Fire him.

 

Work permit will take 8 months.

 

Filing an unnecessary form has probably complicated the processing of your other forms.

[powerpuff 6,006]

~~ Topic moved from K1 forum to AOS K1 visas forum - this is now an AOS case ~~
 

12 minutes ago, SalishSea said:

Your lawyer was stupid and wasted your money.   Fire him

Seriously though, that is just sad. This is the most basic of immigration knowledge and these ”lawyers” charge absurd fees AND make you pay an unnecessary USCIS fee ….. 

this issue has been discussed recently in the below thread:

 

[SalishSea 16,945]

1 hour ago, powerpuff said:

~~ Topic moved from K1 forum to AOS K1 visas forum - this is now an AOS case ~~
 

Seriously though, that is just sad. This is the most basic of immigration knowledge and these ”lawyers” charge absurd fees AND make you pay an unnecessary USCIS fee ….. 

this issue has been discussed recently in the below thread:

 

Billable hours + drawing things out = lucrative gig.

[Nazeer 1]

I read everything you wrote guys but I’m confused because I don’t know what to do I don’t even know at witch box my lawyer checked. 
any suggestions? 
or just leave it as it is ?

If the lawyer checked on the k1 box it would show on the preferences classification “ Admitted as k1 fiancé holder “ instead of “ Immediate relative of USC” 

[powerpuff 6,006]

So you haven’t checked the form by yourself before the lawyer sent it out? Why would you put so much trust in them?

 

at the end of the day, you’re the one who is responsible for the contents of the form.

 

No, I would not leave it as it is because you’re adjusting on the wrong category. When time comes for them to adjudicate your petition or when you come for an interview, they will see that you’re adjusting from the wrong category. Personally, I would withdraw both forms and file again properly. 
 

Your so-called lawyer has put you into a complete mess of a situation. 

[Nazeer 1]

Disregarding the fees that i may pay again. 

Is it a complicated process withdrawing and waiting for their response then filing again ? 
 

[slavaskii 885]

There was someone on either here or Reddit that recently reported they erroneously filed an I-130 but were ultimately called to an interview all the same. That being said, the officer told them point-blank the I-130 almost certainly delayed their overall timeline. 

 

Your lawyer made a mistake and is either incompetent at best or scamming you at worst. The fact he's double-downed makes me believe this is a case of the latter. It's your call, but he shouldn't be representing you anymore if he's also unwilling to admit (and correct w/o charge) what is an obvious mistake.

[powerpuff 6,006]

2 hours ago, Nazeer said:

Is it a complicated process withdrawing and waiting for their response then filing again ? 

No. You do not have to wait for a response to re-file, that would be a waste of time 

[igoyougoduke 1,614]

20 hours ago, powerpuff said:

~~ Topic moved from K1 forum to AOS K1 visas forum - this is now an AOS case ~~
 

Seriously though, that is just sad. This is the most basic of immigration knowledge and these ”lawyers” charge absurd fees AND make you pay an unnecessary USCIS fee ….. 

this issue has been discussed recently in the below thread:

 

this is really incompetent though. how can someone practicing immigration law get this basic thing wrong. iam blown up by the mistake. he should be sueing the law firm for the fees and the trauma 

[Boiler 43,787]

The first thing you need is a copy of your file from the Lawyer.

[Nazeer 1]

Ima book an appointment with her ASAP.

all i need is finishing my papers then ima see what i’ll do with them. 
do you think sending a letter to USCIS explaining everything will fix it ? Or request to cancel and resubmit again better ? 
im talking about the time wise not money! 

[MissLadyRea 206]

19 hours ago, Nazeer said:

I read everything you wrote guys but I’m confused because I don’t know what to do I don’t even know at witch box my lawyer checked. 
any suggestions? 
or just leave it as it is ?

If the lawyer checked on the k1 box it would show on the preferences classification “ Admitted as k1 fiancé holder “ instead of “ Immediate relative of USC” 

Mine says "admitted as k1 fiance or k2 child"
Looks like your lawyer did it entirely wrong : ( ugh to both take and waste extra money, so awful.

[igoyougoduke 1,614]

On 5/20/2023 at 6:21 PM, MissLadyRea said:

Mine says "admitted as k1 fiance or k2 child"
Looks like your lawyer did it entirely wrong : ( ugh to both take and waste extra money, so awful.

but he filed i-130 and i-485 so the classification is correct but i-130  was never needed 

[MissLadyRea 206]

11 minutes ago, igoyougoduke said:

but he filed i-130 and i-485 so the classification is correct but i-130  was never needed 

Wrong classification for a k1 holder though which is the point I was intending to get across. Yes it'd be technically correct, in the matter of its not a USCIS screw-up, but it is a lawyer screwup. 

It may or may not point to what the answers on the forms would be, which seems to change what you can even do in this situation. If so, that further proves the lawyers incompetence 

Edited May 22, 2023 by MissLadyRea