dasha_s

Could you withdraw your application so they don't cash the checks?

What application? Initially we sent wrong forms (including I-129F it needed to be replaced with I-130), which was returned along with the checks to us.

We just resubmitted the right package, but for some strange reason our I-129F (which is wrong) was accepted.

This very strange. I received NOA1 today that my I-129F was accepted and it's being processed, even tough all my other forms were returned. On the NOA1 receipt there is section; fee paid is 0, fee owned 0. why would they accept it if I didn't pay.

I don't understand, I resent the whole package today of I-130, I-485 and etc. Will my I-130 be rejected because I-129F is in the system? what should I do?

The package is on the way to USCIS. Crossing my fingers.

Good news USCIS returned my package including checks I wrote, asking to resubmit. However they didn't return I-129F, Medical exams, passport and personal photos. I am about to send them correct forms, but I am not sure if I need to include medicals and pictures again. Also, why didn't they return I-129F, even though in rejection notice they are requesting for I-130? Stange.

Watta a dumb a** lawyer. Excuse me for my language. I just feel bad for dasha.. We hire immigration attys to help us with our cases and fill up the forms and send it in a right way which we dont have knowledge about. But we dont know if the atty made a dumb mistake or it was done on purpose..

On the other side, thats good you already talked to an IO. So are you getting your check back?

Yes, that's what officer told me. I guess that's why they haven't cashed my checked.

I think some attorneys don't care if they screw up your life. They just want to make money and it causes them nothing to say "I am sorry" or come up with some BS excuses.

At this point I just want to do it right and get my case going.

I called USCIS hotline and got a chance to speak to immigration officer. She told me they rejected our package and it's on the way back. Hopefully she is right. Funny thing my attorney keeps making excuses why she sent wrong form.

Thank you everyone. I am really devastated. It was suppose to be a smooth process.

What is I cancel my checks? Will they automatically return my package?

No. They send an RFE if a document or further evidence is required to establish eligibility. An I-130 must be filed either before or concurrently with the I-485. The I-485 is not approvable without an approved or pending I-130, so it would simply be denied. In the grand scheme of things, the I-130 is more important than the I-485 because the I-130 establishes one of the three key requirements for adjustment of status - that an immigrant visa number is immediately available. Without the I-130, the I-485 cannot be considered.

As long as the I-485 remains pending approval then they can issue a work authorization. The EAD will be revoked when the AOS petition is denied.

What was the amount of the check your lawyer sent to USCIS?

$1070 - I-485

$380 - I-765

$340 - I-129F

What do you you suggest we should do no? I suspect the reason they haven't cashed our checks because they are returning our package. I am not sure Infopass can help, since they don't have our file in the system.

It depends how much the check was for. If it was the correct amount for the forms received, and if the documents required by each form were included, then they'll cash the check and process the forms into the system.

See, you can bundle as many different petitions into the same package as you like. Many immigration attorneys do this. As long as they can separate the individual petition packages, and each package contains the necessary documents, and the total payment is correct, then they'll accept the petitions and cash the check.

So, if the payment amount was correct for an I-129F and an I-485, and if the required supporting documents were included, then they'll accept both petitions and cash the check. The I-129F may even be approved eventually. The I-485 will be denied because there is no I-130 to establish that an immigrant visa number is immediately available. If this happens then you have a valid claim for a civil suit against your attorney. You should at least get your money back before kicking them to the curb.

How about I-765? will they issue me work authorization?

It depends how much the check was for. If it was the correct amount for the forms received, and if the documents required by each form were included, then they'll cash the check and process the forms into the system.

See, you can bundle as many different petitions into the same package as you like. Many immigration attorneys do this. As long as they can separate the individual petition packages, and each package contains the necessary documents, and the total payment is correct, then they'll accept the petitions and cash the check.

So, if the payment amount was correct for an I-129F and an I-485, and if the required supporting documents were included, then they'll accept both petitions and cash the check. The I-129F may even be approved eventually. The I-485 will be denied because there is no I-130 to establish that an immigrant visa number is immediately available. If this happens then you have a valid claim for a civil suit against your attorney. You should at least get your money back before kicking them to the curb.

"The I-485 will be denied because there is no I-130 to establish that an immigrant visa number is immediately available." Won't we get a REF first before it's denied, requesting for missing form I-130?

What happened if they do deny. Do we have to resubmit a new package with the correct form? Maybe Infopass can help. What do you suggest we do at this point?

OMG, My attorney really screwed up. I just saw on form I-485 under Part 2 she checked c). "I entered as K-1 finace(e) of a U.S. citizen whom I married within 90 days of entry." This is not how I entered this US. I came here on J-1. What a mess!!! Hopefully my package returns soon, so I can make corrections. Do you think I should make InfoPass?

Well, if they think you are trying to apply for a fiance visa (which is what the I-129F is for) they might accept your I-129F and cash your check and start processing. If you send a petition for a fiance visa, they will probably think you are applying for a fiance visa. Why would they think different? They should reject the I-485 because there is nothing to base it off of (needs I-130 in this case). Hopefully they will realize you are NOT petitioning for a fiance visa, and send the whole thing back to you.

Do you think I should send them I-130 now with explanation or wait for the package to return? It's been 2 weeks since we sent them checks, but it hasn't been cashed yet.

how do I know where to send? I live in New Jersey.

Thats true I agree with the other post my husband the usc petition me and we sent out i130 abd it should be sent to chicago lockbox not texas office, its more likely your package will be returned, what other forms u filled out

how do I know here to send? I live in New Jersey.

Yep. Highly agree. Having the attorney saying I-129F is the same as I-130 is ridiculous and negligent. Your package will be rejected outright, or the I-485 will be rejected but the I-129F will be accepted. Since the I-129F is irrelevant to your situation, then you will be out $$. Fire your attorney and get your stuff back from them.

I can't believe I trusted my attorney. I asked her several times before sending my package. I wonder how it will take for them to return it.

what you mean by "I-129F will be accepted."? Aren't they going to return my package and ask me to send the right form?

"then you will be out $$" I don't think they are going to cash my check If they return my package.

I just married my husband, who is US Citizen. We hired an immigration lawyer to help us with AOS documents. She helped us to fill out all the forms, however I just found out I-129F form she told us to fill out is wrong. It should have been I-130. But, she claims it does not matter.3 We sent our package 2 weeks ago to TX office. It shows they received the package, but they haven't cashed our checks yet. What happens now? Will they return our package because we sent them wrong form? Or like our lawyer says, I-129F is fine and it's just taking USCIS that long to cash our check.

Any help would be appreciated.

By the way, I am currently living legally in US