Denied I-129f on K-1 visa; new lawyer advises get married Cr-1

[Levick13 0]

I wrote about how my application for k-1 visa was denied because I disnt ask specifically for an IMBRA waiver specifically in my RFE explanation. My old attorney (Joel turney) didn't state that I should ask for a waiver so I just re wrote the letter I had sent to the Saigon embassy withdrawing the petition for my former fiancé. After receiving the denial letter, my former attorney stated they did nothing wrong, advised against getting married and filing a k-3(cr-1) because that application will be denied because USCIS will think we are trying to circumvent the prior denial. They also advise against appealing since according to him, the law firm and the USCIS did nothing wrong: it's my fault for not asking for an IMBRA waiver even though thats seems like what I pay an attorney for.

After some advice from other members, I went to visit the legendary Marc Ellis. He's a cool guy, and said he would represent me through the whole process but I need to get the I-130 filed quickly. I am scheduled to leave October 15th and have been in Saigon since April wrongly assuming my fiancé would be able to return with me. Long story short, he wants me to delay my flight by a few weeks, which means expensive flight change, pay $1250 law fee, I'm sure there is a separate fee for application for visa, and not to mention ill have to renew my Vietnamese visa again (only good for 90 days at a time). Even if I do all of this, I'm still going home alone. Because I have to wait for the IMBRA two year waiting period to end (August 8th, 2014), is it better to return home, wrap up my American loose ends, get my tefl teaching degree, and come back after TET. I've already spent three months from October-January 2012/13 with living with my fiancé, and have lived with her since April 2013. I would have started teaching here, since I have a bachelors but most schools want a year contract. I am a remodeling contractor by trade and there is ZERO work here for construction (unless you want to work for $.50/hr in the tropical sun). I hate to leave my fiancé for another stretch, but money is low, and it makes sense to stack cash in the USA and return. My question is:

Is it better to wait and reapply for k-1 fiancé visa at IMBRA expiration? Or is it better to get married in Vietnam, and have that paperwork processing, so when I return in February/March things will be rolling? I love this woman, so I don't mind the marriage part, but I'm low on cash right now, so I'd have to borrow the legal fee, and since Viet weddings are GIGANTIC compared to American weddings, and a source of pride for the family, I'd have to come up with even more dough. I could pull the cash from my family but I would owe serious pounds of flesh---which I'm willing to do, BUT if I get denied for the cr-1 I will be seriously upse, out more money, time, and has to reapply. I know Marc Ellis has a great reputation on here, and he seemed like a great guy, but after getting screwed by my last lawyer, who promised smooth sailing, I'm a little worried to jump in without hearing everyone's opinions from here. What do any of you recommend? (Yes, I know I am a loser and an idiot---please don't make me feel worse about my stupidity please....)

[Darnell 8,478]

Marc Ellis, you say? I say follow his advice, 100 percent, explicity and to the letter.

Ergs spent on second-guessing him could assist with weight-loss, sure, but do you want to do that?