Hi I havent posted in awhile

[Bryon_Tran]

From a USCIS FAQ on Returned Petitions quoted by Marc Ellis

Once returned, a USCIS officer will review the petition and DOS¡¯s

findings, and may either:

 

• Find that the petition is not revocable and return the petition to DOS with an explanation

of the decision not to revoke the petition;

 

• Issue a Notice of Intent to Revoke to the petitioner; or, if warranted,

 

• Issue a Notice of Automatic Revocation to the petitioner.

 

http://candleforlove.com/forums/index.php?showtopic=37885

 

What you are saying doesn't fit in with this memo

Randy

 

It states a NOR in certain situations and I am not sure what the difference between a NOR and NOD is or if its the same thing

 

In certain instances, such as the death of the beneficiary or the petitioner, or termination of registration under INA section 203(g) (failure of the alien to timely file an application for an immigrant visa petition), an approved petition or self-petition is automatically revoked as of the date of approval. See 8 CFR 205.1. If USCIS is aware of such circumstances, USCIS will send a notice of the automatic revocation to the consular office having jurisdiction over the visa application, with a copy to the petitioner¡¯s last known

[Bryon_Tran]

I called the USCIS today because I still have not gotten my denial notice yet. I got a recording that basically said the same thing as my email did. They then asked if I wanted to hold for a person but the recording said that the person would not know anymore than the recording.

 

I hope it was a mistake or nothing to worry about, I have seen others get a denial notice but they were sent a NOID first and I wasn't even given that chance. I keep worrying that my congressman or old attorney canceled my visa against my wishes. My old attorney won't even take my phone calls so that alone is suspicious. I have read where others have cancled and they got a cancel notice first and I didn't get that so I don't think thats it.

 

I hope and pray I get the letter tomorrow so I can sleep

[knloregon]

"My old attorney won't even take my phone calls "

 

Your situation is not good, in my opinion... why won't your old attorney take your calls? do you owe him legal fees? Has he been incompetent? (and perhaps, fear legal sanctions?) I'm assuming he is a specialist in immigration law..

 

And a big part of the problem here, anyway, is that VN isn't PRC ----we don't see the same kinds of issues specifically---but more of a general nature. Candle has its finger on the pulse of the Consulate in Guangzhou, but is a generalist in our advice elsewhere.

 

You may need to relocate to VN, and as for age, so what? you may bet a job below your experience, but it might ultimately be the best way to prove the validity of your relationship.

[Bryon_Tran]

"My old attorney won't even take my phone calls "

 

Your situation is not good, in my opinion... why won't your old attorney take your calls? do you owe him legal fees? Has he been incompetent? (and perhaps, fear legal sanctions?) I'm assuming he is a specialist in immigration law..

 

And a big part of the problem here, anyway, is that VN isn't PRC ----we don't see the same kinds of issues specifically---but more of a general nature. Candle has its finger on the pulse of the Consulate in Guangzhou, but is a generalist in our advice elsewhere.

 

You may need to relocate to VN, and as for age, so what? you may bet a job below your experience, but it might ultimately be the best way to prove the validity of your relationship.

I paid him in full before he took my case. I specifically told him I wanted to fight the denial of the K1. On his website it says he is 100% guareenee. He would give me some advice then his agent in Vietnam would give me fiencee at the time different advice we didn't know who to believe. Bottom line is that he lied to me and others he was not 100% even though he still boasts it. I tried to get him to help me but he just wanted a bunch more money and would not take my call. I was going to file a complaint against him but I feared he would do something to screw me over and I think he has done that without me even filing the complaint.

 

I think I would be better off dead than moving to Vietnam, its true that I would be happy because I would be with my wife however the most money she has ever made in a month is 60$ I don't even speak VIetnamise so I wouldn't even be able to make that much. We would both have to work 60 hours a week for the rest of our lives just to eat.

 

The part that makes me so mad is that we have done nothing wrong. No fraud no lies we are on the up and up. It's all because some jerk thinks we were not bonafide.

[knloregon]

Bryon,

 

Yours is the classic rock/hard place. We have seen it before, but perhaps had better advice, because we have more experience with GZ.

 

ALL of us here are in sympathy, because some here are---or have gone through what you are going through, and the rest know that but for the grace of God--we could have..

 

Rather than wait and stew, I would suggest you become a little more pro-active regarding your attorney. You paid up-front, and I'm assuming you got a retainer agreement at that time, right? And yes, his website---if it says he has a 100% guarantee---that language can be made binding on him (although, specifically, what does it guarantee?) ----and the good news is that you probably would not have to even sue to make it happen.

 

He is a member of the Bar, and needs to be in good standing to practice law. The Bar will investigate your complaint, if well documented. Even the threat of taking your complaint to the Bar probably would encourage the lawyer to refund your retainer---if you can show how he has been remiss in dealing with you (the fact that you are getting different advice from his associate in VN is stong evidence, in my opinion).

 

Short of moving to VN, I believe you are going to need a real lawyer, with a specialty in immigration law as it relates to VN----not a internet lawyer, one you can sit down with, and have a face to face, reviewing your documents, one at a time. And to find this person, you need to ask local Vietnamese who they use.

 

I have to say, I seriously doubt its a bad as you believe in VN----native English speakers are in high demand throughout Asia, particularly in the tourist industry. Sure, the pay isn't western, but neither are the expenses..

 

Anyway, keep an good frame of mind if you can, and take the steps you need to move forward..

[Bryon_Tran]

Bryon,

 

Yours is the classic rock/hard place. We have seen it before, but perhaps had better advice, because we have more experience with GZ.

 

ALL of us here are in sympathy, because some here are---or have gone through what you are going through, and the rest know that but for the grace of God--we could have..

 

Rather than wait and stew, I would suggest you become a little more pro-active regarding your attorney. You paid up-front, and I'm assuming you got a retainer agreement at that time, right? And yes, his website---if it says he has a 100% guarantee---that language can be made binding on him (although, specifically, what does it guarantee?) ----and the good news is that you probably would not have to even sue to make it happen.

 

He is a member of the Bar, and needs to be in good standing to practice law. The Bar will investigate your complaint, if well documented. Even the threat of taking your complaint to the Bar probably would encourage the lawyer to refund your retainer---if you can show how he has been remiss in dealing with you (the fact that you are getting different advice from his associate in VN is stong evidence, in my opinion).

 

Short of moving to VN, I believe you are going to need a real lawyer, with a specialty in immigration law as it relates to VN----not a internet lawyer, one you can sit down with, and have a face to face, reviewing your documents, one at a time. And to find this person, you need to ask local Vietnamese who they use.

 

I have to say, I seriously doubt its a bad as you believe in VN----native English speakers are in high demand throughout Asia, particularly in the tourist industry. Sure, the pay isn't western, but neither are the expenses..

 

Anyway, keep an good frame of mind if you can, and take the steps you need to move forward..

 

I don't know if this is realavent however I was working with 2 senators from my state. Well a liason from each office L1 and L2.

 

L1 that was helping me in January said she got info from the CSC that my visa had expired and I could refile again. She had told me she just typed up a big letter requesting them to give me a chance to rebutt the findings. She didn't want me to wait many months and pay the fee again. I told her not to bother with it just to let it expire because I had planned on getting married so even if they did approve of it and send it back it would do me no good and if they denied it she could incure a lifetime ban. A month later I had asked her for a copy of the email form the person from the CSC that said my petition had expired so I could send it in my CR1 petion she said that I wouldn't need it.

 

I then contacted L2 and asked if he could get something from the CSC showing my visa expired so I could send it in with my CR1 petition he got an email back from the CSC that said I was not to file another K1 visa until they reviewed my case. That doesn't sound like it expired to me.

[ChrisA]

Your case sounds like another member of CFL, (Tsap) I think it took almost 2 years of waiting, before USCIS re-approved his wife's K1 Visa and sent it back to DOS for re-processing. Your notice I said his wife, they are married now, and I think he is living in China right now. He was in the same situation "Bona-fide Relationship Denial".

 

Based on what your saying reference the CSC emails, your geting conflicting information, one person says the Visa expired, another person says it under review? Read the ellis-island thread about the expired items, this may give you more clarity.

 

As for your lawyer, what state does he hold his state bar license with?

 

Your have every right to file a complaint against him, if you have proof that he didn't do his job. Read the retainer agreement carefully, print his website information, quoting the statement of 100% guarantee.

From the sounds of what you paid for, you got a paper-pusher, when you could have done the paparework yourself

 

Do a state bar background check on him, you might be surprised at what you'll find-out about him.

 

Good Luck and stay Positive, there is light at the end of the Tunnel.

[Bryon_Tran]

I contacted the USCIS today because it was the 15th day and my I-797 denial decsion notice has not shown up.

 

I called them 3 times and got the same person each time. She is going to remail me out the denial and said if I don't get it by next friday to call back. She told me 3 things

 

1. if your releationship is real we will 100% get her visa

 

2. She told me more than likely it was an expired visa, however when I told her the email said notice of denial decsion and not notice of decesion and the expired ones usually say notice of decesion she told me I was correct. She said it could have changed that things were changing there all the time.

 

3. She told me not to worry since I am married the K1 is invalid and would have no effect on the approving the CR1 however when I told her if my old attorny cancled it without my knowldge when I go to the next interview that could hurt her chances and they could deny for that, she told me that is correct and said it was up to dos and that could hurt our chances.

 

So I hope I get good news by next friday.

[chilton747]

I contacted the USCIS today because it was the 15th day and my I-797 denial decsion notice has not shown up.

 

I called them 3 times and got the same person each time. She is going to remail me out the denial and said if I don't get it by next friday to call back. She told me 3 things

 

1. if your releationship is real we will 100% get her visa

 

2. She told me more than likely it was an expired visa, however when I told her the email said notice of denial decsion and not notice of decesion and the expired ones usually say notice of decesion she told me I was correct. She said it could have changed that things were changing there all the time.

 

3. She told me not to worry since I am married the K1 is invalid and would have no effect on the approving the CR1 however when I told her if my old attorny cancled it without my knowldge when I go to the next interview that could hurt her chances and they could deny for that, she told me that is correct and said it was up to dos and that could hurt our chances.

 

So I hope I get good news by next friday.

 

Cancellation of a failed K1 does not mean automatic death on your next petition. You need to focus on why the denial in the first place and deal directly with those issues and stop worrying about a possible technicality. More than likely the letter is just to inform you of the expiration of your K1. FYI, the USCIS workers that answer the phone are NOT immigration experts.

[jst]

I believe Bryons old attorney is Marc Ellis. I remember when he retained him. Not sure about his situation but M.E. seems to be doing a good job for me. Sometimes a little slow to do something but it is because he is very busy. When he interviewed us, he did bring some things to my attention. If he is your attorney I would suggest calling him and working it out. He is the best one you can have on your side for dealing with Vietnam.

 

And yes to the fact about living in Vietnam. It would probally be the closest thing to living in hell. I've been there many times and it is nothing like China. China is well on its way to being closer to what we are used to. Vietnam is still way back in time.

[Bryon_Tran]

I believe Bryons old attorney is Marc Ellis. I remember when he retained him. Not sure about his situation but M.E. seems to be doing a good job for me. Sometimes a little slow to do something but it is because he is very busy. When he interviewed us, he did bring some things to my attention. If he is your attorney I would suggest calling him and working it out. He is the best one you can have on your side for dealing with Vietnam.

 

And yes to the fact about living in Vietnam. It would probally be the closest thing to living in hell. I've been there many times and it is nothing like China. China is well on its way to being closer to what we are used to. Vietnam is still way back in time.

My old attorney is RHC visa services L. Tod Schlosser:

 

http://www.fiancee-visa.net/

[Bryon_Tran]

Attorneys can do 2 things from my experience

 

1. Give advice

2. Help with the paperwork.

 

so I don't think RHC would have cancled it without consulting me first. I think they have some oath like doctors have not to do you any harm if they can help it.

[jst]

Sorry Bryon,

 

I remember back several months ago you were meeting M.E. I thought you hired him.

[Batmaniac]

I'd bet $20 if you called him from a new number and left a message giving an alias and saying were wanting to hire him he'd call you back.

[Batmaniac]

Attorneys can do 2 things from my experience

 

1. Give advice

2. Help with the paperwork.

 

 

Exactly. Lot's of scary language on that website to convince people to use them. It's how I got sucked in . . .