Help if you can...sorry to ask

[MarcRosie]

OK so it looks my attorney botched the AOS process as far as how we were actually supposed to file (K1 married within 90 days and so just send in the 485...instead we sent in both the 130 and 485 without the AOS fee as I was told they would send us a letter asking for it). As I find out, we did not have to file the I-130 and spend the $420 (although the check has not been cashed...April 18th it was sent in????). So now I'm a little worried. Just want to do the right thing. Can anyone suggest if it's possible for me to call and talk with someone at USCIS? We haven't been given a 797 or a letter or...anything. Please help if you have any info on this or experience. Thanks so much! Have a great day.

[ME4Ying]

OK so it looks my attorney botched the AOS process as far as how we were actually supposed to file (K1 married within 90 days and so just send in the 485...instead we sent in both the 130 and 485 without the AOS fee as I was told they would send us a letter asking for it). As I find out, we did not have to file the I-130 and spend the $420 (although the check has not been cashed...April 18th it was sent in????). So now I'm a little worried. Just want to do the right thing. Can anyone suggest if it's possible for me to call and talk with someone at USCIS? We haven't been given a 797 or a letter or...anything. Please help if you have any info on this or experience. Thanks so much! Have a great day.

 

I am far from an expert on this stuff except for the fact my wife managed to get her 10yr green card. Don't think I am being flip but the first thing I would do is fire the lawyer. You will find many people here will guide you with more care. Seems if you do not need the I-130 stop payment on the check. They will probably return your check in any case. What I always told my wife is we have to be very careful with the paper work and then get lucky. You don't want your case to get into any out-of-the-ordinary situation since then you will need to be lucky enough to get a case worker that can reason.

[credzba]

OK so it looks my attorney botched the AOS process as far as how we were actually supposed to file (K1 married within 90 days and so just send in the 485...instead we sent in both the 130 and 485 without the AOS fee as I was told they would send us a letter asking for it). As I find out, we did not have to file the I-130 and spend the $420 (although the check has not been cashed...April 18th it was sent in????). So now I'm a little worried. Just want to do the right thing. Can anyone suggest if it's possible for me to call and talk with someone at USCIS? We haven't been given a 797 or a letter or...anything. Please help if you have any info on this or experience. Thanks so much! Have a great day.

 

I am far from an expert on this stuff except for the fact my wife managed to get her 10yr green card. Don't think I am being flip but the first thing I would do is fire the lawyer. You will find many people here will guide you with more care. Seems if you do not need the I-130 stop payment on the check. They will probably return your check in any case. What I always told my wife is we have to be very careful with the paper work and then get lucky. You don't want your case to get into any out-of-the-ordinary situation since then you will need to be lucky enough to get a case worker that can reason.

 

I tend to agree with ME4Ying.

Relax, they will return money if its not needed, and return forms you make mistakes on.

They deal with MANY different levels of people, and in the end it all works out.. at least mostly.

 

!) Fire lawyer.

2) Chill out

3) Figure out what you should have done, and have it ready for when they return everything to you.

 

So long as you marry within the 90 days, they are not going to deport your wife.

[dnoblett]

OK so it looks my attorney botched the AOS process as far as how we were actually supposed to file (K1 married within 90 days and so just send in the 485...instead we sent in both the 130 and 485 without the AOS fee as I was told they would send us a letter asking for it). As I find out, we did not have to file the I-130 and spend the $420 (although the check has not been cashed...April 18th it was sent in????). So now I'm a little worried. Just want to do the right thing. Can anyone suggest if it's possible for me to call and talk with someone at USCIS? We haven't been given a 797 or a letter or...anything. Please help if you have any info on this or experience. Thanks so much! Have a great day.

 

I am far from an expert on this stuff except for the fact my wife managed to get her 10yr green card. Don't think I am being flip but the first thing I would do is fire the lawyer. You will find many people here will guide you with more care. Seems if you do not need the I-130 stop payment on the check. They will probably return your check in any case. What I always told my wife is we have to be very careful with the paper work and then get lucky. You don't want your case to get into any out-of-the-ordinary situation since then you will need to be lucky enough to get a case worker that can reason.

Yep stop payment, USCIS will send you the whole package back.

 

Then do the correct thing ask some questions here, study the guide and send a new I-485 with correct docs, and $1070 fee.

[Jaseball]

Nothing like paying an 'expert,' or attorney who couldn't find his own butt while sitting on a toilet. When I started this entire process I always figured nobody would care about the process as much as I would and the $3000 retainers and such some of these people were asking for would just about cover the actual filing fees.

 

Everyone here is right. Fire the guy for being an incompetent POS and document it in a written communication. You guys should be fine and you are 100x better off spending the time and effort just looking through threads here and doing the work yourself.

 

Figure it this way. No one else will care as much. Nobody else will do as much due diligence. You have to not only provide the pictures, documentation, tax records, form information, income and asset information, and other leg work, so what exactly does an attorney do in this scenario? Collect all the work you put in and hopefully file the right forms on time?

 

The only time I would think an attorney is worthwhile in immigration is when deportation is possible, USCIS or other government agencies are messing up big time, you are stuck in limbo in GUZ, and even in these extremes I think 95% of the time you are still better off doing it on your own.

 

Sorry to hear of the mess up by the lawyer, but I'm not surprised at all. Best of luck and best wishes.

[foobaz123]

Nothing like paying an 'expert,' or attorney who couldn't find his own butt while sitting on a toilet. When I started this entire process I always figured nobody would care about the process as much as I would and the $3000 retainers and such some of these people were asking for would just about cover the actual filing fees.

 

Everyone here is right. Fire the guy for being an incompetent POS and document it in a written communication. You guys should be fine and you are 100x better off spending the time and effort just looking through threads here and doing the work yourself.

 

Figure it this way. No one else will care as much. Nobody else will do as much due diligence. You have to not only provide the pictures, documentation, tax records, form information, income and asset information, and other leg work, so what exactly does an attorney do in this scenario? Collect all the work you put in and hopefully file the right forms on time?

 

The only time I would think an attorney is worthwhile in immigration is when deportation is possible, USCIS or other government agencies are messing up big time, you are stuck in limbo in GUZ, and even in these extremes I think 95% of the time you are still better off doing it on your own.

 

Sorry to hear of the mess up by the lawyer, but I'm not surprised at all. Best of luck and best wishes.

 

Can't say I'm surprised either. Having recently used lawyers for something else, I can definitely say that it seems their primary purpose in simple legal tasks is to make it take ten times longer than it otherwise would have.

 

Not only do they not care anywhere near as much as you would, they often have a profit motive to drag it out.

 

The only way I'd involve a lawyer in something like this is if everything went pear shaped and you had to sue someone.

[warpedbored]

The best reason not to use a lawyer is nobody cares more about your petition than you do. That being said if there were extenuating circumstances I wouldn't hesitate to get one. Particularly if your sweet heart is issued a white slip at interview. You don't get many more chances at bat in that situation. Even then I wouldn't hire just any lawyer. I would make sure that the attorney is familiar with the inner workings of the consulate I am dealing with. A lawyer stateside that has several successful cases in England for example, wouldn't know squat about how they do things in GZ.

[MarcRosie]

OK, so here's what's going on. Indeed a mistake was made and the I-130 did not have to be filed. Sounds like USCIS realized this and stopped the process on our papers. I had my attorney call them a few days ago and they said not to worry. That the initial paperwork would be sent back but for us to just resend in the papers (I-485) and it would be processed like it was the first time it was received. The USCIS employee said they would show no record of anything happening because we weren't given a case number. So we will refile just the 485 along with the G-1145 so we know what's going on. Hopefully everything will go along more smoothly and as I understand it...quicker because of the K1/married in 90 days was adhered to. Also I have heard many times that people are getting their green card without an interview because it is 'conditional'. That being the K1/90 days deal. Your thoughts? Thanks so much.

 

Marc

Edited May 12, 2011 by MarcRosie (see edit history)

[dnoblett]

OK, so here's what's going on. Indeed a mistake was made and the I-130 did not have to be filed. Sounds like USCIS realized this and stopped the process on our papers. I had my attorney call them a few days ago and they said not to worry. That the initial paperwork would be sent back but for us to just resend in the papers (I-485) and it would be processed like it was the first time it was received. The USCIS employee said they would show no record of anything happening because we weren't given a case number. So we will refile just the 485 along with the G-1145 so we know what's going on. Hopefully everything will go along more smoothly and as I understand it...quicker because of the K1/married in 90 days was adhered to. Your thoughts? Thanks so much.

 

Marc

Good to hear this no loss in extra fees paid.

 

Perhaps keep the lawyer out of the loop this time and file that I-485 yourself, it is very straight forward, not alot of things needed in the application filing.

 

GUIDE:

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

http://www.visajourney.com/content/k1k3ead (EAD card, may as well apply for it at no extra cost, it serves as ID until green card arrives. (Question #16 is (C )(9 ) just in case you ask..)