ER Team :)

Fire the lawyer, and file the I-485 yourself.

Guide: http://www.visajourney.com/content/k1k3aos

The I-485 is being filed based on the I-129F approval notice, and marriage within 90 days as per the K-1 process.

Moving to AOS forum..

Thanks! Well for now I just quoted her I-485 instructions...just waiting for her to get back to me...

[quote name=ER Team ' timestamp='1299699389' post='4529514]

We don't need a lawyer anymore! We hired her when we just started the K1 process... She already took the money, we wouldn't hire her if we could go back. We don't need a new lawyer....that one is still there becasue since we already paid her I want her to at least earn the money! Do some effort! Even though I don't trust her and double check everything she does. There's no way we would go with my AOS with her....but I just want her to admit that she's wrong because it gets really annoying how she tries to cover her mistakes up and she makes up explanations!

In other words, if we get her off the hook now, it will be too easy money for her...

And of course we will do the I-485 ourselves...but we are still on the obtaing K1 process...and she is paid for untill we get that...

If your lawyer keeps making mistakes...

Shouldn't you be looking for a new lawyer?

We don't need a lawyer anymore! We hired her when we just started the K1 process... She already took the money, we wouldn't hire her if we could go back. We don't need a new lawyer....that one is still there becasue since we already paid her I want her to at least earn the money! Do some effort! Even though I don't trust her and double check everything she does. There's no way we would go with my AOS with her....but I just want her to admit that she's wrong because it gets really annoying how she tries to cover her mistakes up and she makes up explanations!

Our lawyer is arguing that although on a K1 visa and marrying within 90 days...still the base for my I-485 is I-130 that we need to file concurrently... I just sent her a link to I-485 instructions and higlighted WHO MAY FILE THE PETITION? Point 3.A...

I expect tht she will probably come back with some additional information she 'found in her wise books' - she is always trying to cover up her mistakes by some comlicated answers... hence my question...any links that I can send her (government/USCIS related/immigration law related that clearly prove that she's WRONG...again?

I just realy want her to have no choice but to admit she's wrong...

You ONLY file a I-130 IF you are past the 90 days in getting married and filing. The 1070 includes the fee for biometrics for your spouse. Your attorney must not have much experience with AOS.

I know, I have already realized that.. it turns out she couldn't have had much experience with K1 either...soooo many mistakes! You would think that having a lawyer to handle it for you makes it all much clearer and therefore faster... well, surprise surprise!

The bottom line is, her 'knowledge' is not worth the money she was paid...to say the least...

I forgot to add...the way she tries to cover up her mistakes...hilarious! quite creative I must give her a credit for that!

PLEASE do it yourself rather than using that lawyer. Sheesh! Don't give her another dime after so many screw-ups.

Trust me, WE KNOW NOW! No way we're using her for anything ever again ! ...or any other layer as far as AOS, thanks to VJ and it's members we know that it's actually not that hard..and will save a lot of money...she said that her fee for adjusting status is $2,500 ( and that's alread including a discount!) !!!!!!!!

You don't file an I-130!!

You get married, get your marriage certificate back and then file AOS which is I-485! then AP(travel document) and EAD with it are at no cost when sent at the same time.

420$ is the fee for the I-130!!! Aos is ONLY 1070$!! Your lawyer sounds like she has NO idea what shes doing..

Edit to add the guide to AOS from K-1 visa for you. Its SO simple you can do it on your own and save yourself money and time for real. http://www.visajourney.com/content/k1k3aos

Thanks, That's what I was thinking... first, she filled out our I-129f wrong, then she was saying i can travel while having my advance parole pending, then she was saying that the package 3 is sent to NVC! and at the end she was misinforming us about the choice of the consulate where my K! application will be processed...I cought her messing up few times thanks to VJ actually...and she was trying to cover up her mistakes with some bullshit talking...one thing is for sure, we're not going to use her service for the I-485, I think we will actually do it ourselves. VJ and its members are really helpful!Cheers!

Pardon my ignorace, but what is AP(travel document) and what is EAD? Thanks!

AP - is Advance Parole...you apply with I-131...and EAD is work permit you apply for with I-765...when filled with AOS there's no charge for it! Cheers

I'm just wondering...asked our lawyer who's doing our K1...that we would liek to file AOS as soon as possible after I arrive in U.S... Since I have my brothers wedding back in Poland later on this year we will have to file AOS together with I-131 and EAD ( we'll save on the I-131- EAD when we file with AOS)....and I though that part of the AOS package when I will finally be in U.S is a I-130...

My lawyer came to me with such filing fees when i asked ' the Dept. of Homeland Security filing fees for your AOS, work permit & travel application will be $1,070 + $420 for your husband’s petition and affidavit support applications (2 separate money orders/cashier’s checks)

I'm guessing $1,070 for I-485 and biometrics...what's the $420 for?

Then again...I've counted 4 mistakes our lawyer made so far...so maybe she has made another one...I was looking at the guides on VJ and from what I managed to find out when you file AOS after you enter U.S on K-1 and get married - you don't need to file I-130 concurently...

Any thoughts?

I was just wondering... The I-129f is processed at service centers...is it approved/denied there or do they first transfer it to NVC and they send approval/denial?

I think the emails/texts come from the service centers... if approved they are sent to NVC and NVC send them to adequate consulate...

Is it still transfered to NVC after it's been denied? when it's denied, you can apeal, right? Where do you apeal to?

Does anyone know?

I don't think we have to worry about getting our I-129f denied, but I figure that since we're still waiting for our NOA2...we might at least get some B plan in place- which hopefully won't be needed!!!!!

Well, I'm no miracle worker, but this is what I think.....When I put in a service request, 2 weeks later I was approved. Because they are putting in a request for change of consulate for you, this is forcing them to pick up your file and while they are making the changes they will probably go ahead and make a decision regarding your petition. So the officer may be right about the 2-3 weeks thing.

Well, wouldn't that be great Well I will try not to get my hopes up too much, but I will keep on secretly thinking that you actually might be right! Thanks!

huh. think that'd work for a change of address too? i was just debating whether I should keep my parents address on my application or submit the online request to change address thing to change it to my new apartment... if it means i'd be adjudicated in 2-3 weeks, im going for it! haha.

I wouldn't bet much on it! But hey, who knows? Maybe it will speed our petitions up a bit! Gota have hope! Cheers!

hopefully,

No i did not but I sent an email to I-130Inquiries.Tsc@dhs.gov

Try to give USCIS a call at (800) 375-5283 and check it out...you'll find out much faster!

i think that the person working on your case wanted to update it's status on the system and by accident denied it, then tried to fix it up. So changed it... You should definitely give them a call and ask about the status and all that!

Oh wow...have you tried calling?

I'm starting to wonder about the 'disinformation line'.

A person in the January filers group mentioned calling regarding some extra information and being told they should get an NOA within 35 days.

Both what they were told, and what you were told, strikes me as someone on the phone just making up numbers.

Then again, I guess if these were /real/ I'd be quite surprised.

That's what I'm thinking...probably just some USCIS employees trying to get us off their backs for few weeks... oh well... Unless they are planning to start working with some extra speed...

We're waiting for our NOA2...our case is in CSC. (Our I-129F, Q20 says the consulate where the visa will be applied for is Warsaw, Poland). We called the USCIS at (800) 375-5283 and requested a change of consulates for our interview from Warsaw,Poland to Dublin, Ireland.( I work and reside in Dublin) Th officer said the request should take about 2 weeks or less to process. The officer said she will put the request into the CSC and they should send a letter in the mail if the request to change consulates is approved. Since the case has not yet been transferred from the CSC to the NVC, she informed us that there is no need for us to send this request by mail or in writing. She also said that our case should be transferred to the NVC for the 2nd stage within 2 or 3 weeks....

My question: Does that mean we can expect approval? Or that we can expect an answer within 2-3 weeks? What happens to the cases when CSC denies them, do they go to NVC as well?... I'm just revising all that and trying to think what does all that mean... Does anyone know how to read between the lines of what those officers say? Any miracle workers here?

Packages 3 and 4 are sent from the consulate to the beneficiary. You should get your 3 package from the consulate when they receive your file from the NVC. You get the 4th package when you send back the 3rd one stating that you've gathered all the documents they've asked for together with necessary forms. Here's how a package 3 will look like (this one is from U.S consulate from Warsaw, Poland, but they all look more or less the same)http://photos.state.gov/libraries/poland/275705/cons_iv/IV-F04%20Instructions%20for%20applicants_rev_%20Dec%203_%202010_ENG.pdf

Ok, I noticed something else. On the Dublin Embassy site, it describes 2-step process for the Fiance VISA appointment. First they get the paperwork from NVC then contact you with the list of required documents. Second you respond you are "ready" then they schedule the interview. A bit different process than Warsaw, they schedule you directly and tell you what to bring. hmmm... you should look at how long between these two "steps" they are taking to schedule on regional forum. They say they have a limited capacity on the website, what does that translate into timewise?

US Embassy Dublin

Well, not really. The Warsaw process looks the same. They send you the checklist, you make sure you have all of the docs gathered you send it back that you're ready, and then they schedule the interview...and you bring the docs to the interview. They both look the same... there's a copy of the packet 3 for the Warsaw consulate http://photos.state.gov/libraries/poland/275705/cons_iv/IV-F04%20Instructions%20for%20applicants_rev_%20Dec%203_%202010_ENG.pdf

as it says...2 step...where did you get your information from? Just wondering, in case I'm wrong...

While my case was at NVC we requested it to be transferred from the USEM in Manila Phils. to USC Frankfurt Germany. So yes, you can have it transferred. You should email or write USCIS requesting transfer. :-)

Thanks! Will do! Our lawyer will contact the CSC tomorrow and try to have it changed. But who knows what she's up too... my fiance will probably end up calling CSC himself tomorrow or the day after tomorrow... hopefully we manage!

Thanks everyone for all your help!

If it gets through the NVC with the 'wrong" consulate based on what was answered in the #20 question, it is going to be a hassle to have it changed, after the fact.

I am not familiar with Ireland, but have seen many of the folks from there being interviewed in London England? If you call and "change or choose" Ireland and they don't process there, they will assign to whatever consulate normally processes Irish cases. Make sure the Embassy you change to actually does K1 VISA processing before you ask for the change or you could end up in London which would be no more convenient than Warsaw since presumably you would have to fly to either.

If NVC does assign to Warsaw then you are "on your own" and will have to ask the Consulate in Ireland or London to "accept" the case for processing and if they accept it they will then send it via mail to that consulate and then when they get it you wait patiently for the appointment. Expect the whole mess to add 3 months to the processing time.

Pick with or stick with the consulate that does the quickest processing even if it means flying to Poland. Also it might mean you have to do less "translating" of documents if you go with Poland , often the consulates do not require English translations of documents from the country that you are processing in. ie: Police cert etc.

Northern Ireland residents have the interview in London, Republic of Ireland residents have it in Dublin. That's like 2 different countries. So I'm not worring about being sent to London ( which actually would be a cheaper trip ) I have already all the translations and all the documents...so going to Poland for me is just a waste of time and money...

I completely agree - I will try to have it changed before it goes to NVC...our case it's still in CSC... so I think I will let our lawyer send the letter to NVC and USCIS as she said she would...and ( since i don;t trust her anymore) I will email NVC myslef and have my fiance call CSC...

Thanks for all your help VJ mamembers!

Thanks for the info! You guys are more helpful than our lawyer!

After I worte her, she responded (surprise, surprise) right away. She said she will write a letter to csc on Monday and to NVC. Since i don't trust her ( because it's the 4th time she's screwing sth up)I will ask my fiance to call CSC on Monday and try to have it changed.

amykathleen2005, that's also what I'm thinking - if we don't manage to change it beofre it goes to NVC it will get messy - might get it prolonged - and even 1-2 weeks more than nescessary is sth we won't agree to...

Anyone tried emailing CVS? I think I will try to email them as well...

I wish my fiance found VJ before we hired that incompetent lawyer...

...I just wrote a nasty email to our lawyer...Anyway....

Dear VJ members,

Does anyone know if we can change it somehow? Is there anything we can do know to have it changed to Dublin? Does anyone ever wanted to change anything on the I-129f while it was being processed? I know you can change address, but how about sth like the consulate?

Thanks!

Thanks guys! I'm soooo pissed at our lawyer right now....she filled in all those forms and submitted the package, she never asked me or my fiance about our preference...she assumed it was Poland. And recently i asked her which consulate and she said she dosen't know! That it depends on the person going through our case! I starting to think it was her first petition although she pledged she did dozens of them! That's her 4th freakin mistake she made...

You can choose either Ireland or Poland.

How do I do that? Will they give me an option? Or by saying you mean ' I can apply for changing it to the one I want' - which I'd rather not do, since it will prolong the whole proccess...isn't that right?

Hi everyone!

We're still waiting for our NOA2...but were wondering if anyone knows how the NVC decides on the consulate?

I'm the foreign fiancee, I was born in Poland and I am a Polish citizen. However I live and work in Dublin,Ireland. I'm a resident here, it's my Irish address on our I-129F...I pay taxes here, and have my bank account here...in other words - my whole life is here...although have only lived here since October...but still... our lawyer's answer was 'either' 'or'... Anyone knows the criteria? we didn't manage to find it...

Well...lucky you - they don't have to get their medical in Dublin.... cost per 1 medical/ 350 euro= 490USD !!!!!!!!

I think it would suffice. I would think it's even better! Good luck!