Wrong USCIS application form filed by my lawyer!

[milimelo 4,726]

3 hours ago, Daphne . said:

Where did you get this info from? Did anything change because as far as I know the I-130 doesn’t apply if the beneficiary entered on a K1 and the couple married within 90 days. 

She's wrong in this situation as the marriage happened in the 90 day period. Definitely no need for I-130.

[Daphne . 2,054]

49 minutes ago, milimelo said:

She's wrong in this situation as the marriage happened in the 90 day period. Definitely no need for I-130.

Gotcha! It surprised me because it came from a pretty established member here. 

[narayan333 1]

How can I withdrawal the application? Do I write a letter to uscis? 

[poh 133]

Unsure what the lawyer is doing but the proper sequence of applications are as follows for K-1 visa marriage:

 

I-129F Petition:      

K1 Visa:       

I-485 Petition:       

I-765 Petition:      

I-131 Petition:      

I-751 Petition:       

N-400 Petition:   US citizenship 

 

Most likely the filed i-130 will get denied or require additional supporting documentation and go nowhere and cause complications if you don't do anything. You can simply withdraw the application.  

I hope the lawyer didn't charge you a fee for filing something you don't need.  

These forms are relatively simple enough for anyone to do it unless your situation is complicated and need help from a seasoned laywer.  

Edited Tuesday at 02:04 AM by poh

[poh 133]

8 minutes ago, narayan333 said:

How can I withdrawal the application? Do I write a letter to uscis? 

 

Withdraw USCIS Application

To withdraw an application with USCIS, you need to write a formal letter requesting the withdrawal. This letter should include your pending case receipt number, full name, date of birth, I-94 details, current address, and a clear reason for the withdrawal. It is important to sign the letter and keep a copy before sending it to USCIS. If your application is still under process and hasn't been approved or denied by USCIS, you can cancel or withdraw it by writing a formal letter to USCIS.

If your immigration petition has already been approved by USCIS and the case has been sent to the national visa center (NVC), you can submit a request to withdraw your case to the NVC through an online portal.

In cases where the I-130 or I-140 petition has not yet been approved, it is relatively easy to cancel by sending a letter to USCIS, at whichever office is currently handling the petition, informing it of your withdrawal decision.

Verification is key, as your signature and the date on the letter authenticate your identity and intention to withdraw, a non-negotiable requirement for USCIS and NVC. After signing, duplicate your withdrawal letter. This copy proves your request, safeguarding against future discrepancies or administrative errors. Send your letter to the USCIS service center or NVC that received your initial application. Utilize certified mail with a return receipt for proof of delivery.

If you are withdrawing an OPT application, you should send an information request in Terra Dotta to your assigned ISS advisor to request that your OPT application be cancelled. You should also write a letter to USCIS to request the withdrawal of your OPT.

According to 8 CFR § 335.10, an applicant may request, in writing, that his or her application, filed with USCIS, be withdrawn. If USCIS consents to the withdrawal, the application will be denied without further notice to the applicant and without prejudice to any future application.

[poh 133]

18 minutes ago, poh said:

Unsure what the lawyer is doing but the proper sequence of applications are as follows for K-1 visa marriage:

 

I-129F Petition:      

K1 Visa:       

I-485 Petition:       

I-765 Petition:      

I-131 Petition:      

I-751 Petition:       

N-400 Petition:   US citizenship 

 

Most likely the filed i-130 will get denied or require additional supporting documentation and go nowhere and cause complications if you don't do anything. You can simply withdraw the application.  

I hope the lawyer didn't charge you a fee for filing something you don't need.  

These forms are relatively simple enough for anyone to do it unless your situation is complicated and need help from a seasoned laywer.  

Once I visited a lawyers office that handles immigration, I saw piles of papers of forms and documents all scattered and clearly visible with confidential information and photos on the desk most likely from many clients.  After seeing that I never trust going to a lawyer unless I can't do it myself.  Luckily mine was do-able and I did it myself. It's lots of gathering of information and documentation, writing letters and printing and with effort and help from this forum you can do it without lawyers.  

Edited Tuesday at 02:22 AM by poh