K1 VISA DENIED

[dogluke 0]

My k1 visa was denied my lawer got RFE on i have i been conveted of any crimes i told her the information and she sent it in with out my signature IT WAS DENIED now i must reaply for new peteion all over again now i think i need a waver i have had a k1 visa in the past 8 years ago the marrage lasted 5 years we devorce i filed my 2 visa and was deied mistake bye my lawer to re file for same fiancee due i need a waver and if so what are the chance it will be aproved or should i appeal the decishone of the denied BIG PROUBLEM hear

[^KK^ 3]

I'm confused...

Try explaining that again...

[TracyTN 237]

First of all, you need to get your terms correct. It was the PETITION that was denied, not the visa. They are two separate things.

Its hard to understand exactly what you're asking, but it appears that your attorney submitted a form without your signature. Normally, that would not result in a denial, but they would more than likely return it to you to be signed. But I feel we don't have a complete picture as to what exactly happened.

What does your attorney advise you to do next?

Incidentally - if you have an attorney, I find it puzzling that you asking people on a message board for advice as to what to do next.

Edited August 6, 2007 by TracyTN

[calijatt 0]

yes please more details. I dont blame you lawyers can also make mistake. I have friend whos case got screwed up because of lawyer

[Sinergy 3]

Im just concerned over the denial. I dont think it was denied bc of a form not being signed, they would have certainly sent that back to be signed causing the approval/denial to take a bit longer, not not strait out denied. I think something is missing in the story.

[Jason-Sasha 1]

Is it possible that you were convicted of some kind of crime in the past that is keeping you from an approval? Your post wasn't clearly written but it seems like you had some question about your legal past. Please give more info.

[dogluke 0]

hear is what the letter said my lawyer did not send me this RFE to put my Signature on it she just ask me to tell hear if i have been convected of a crime and she sent it in with out my name on it i think anyone who sent in petition should say up front of any crimes to AVOID RFE

On the petition you filed on april 2 you failed to complete part C of the form in a Notice of Acttion may 18 you were notified you must complete the form you were then asked to respond to qustion in part C and sign and resubmit the form that was sent to you Your response received bye the office may 29 did not include your signature on form you resubmitted in view of the above the petition is DENIED

[TracyTN 237]

hear is what the letter said my lawyer did not send me this RFE to put my Signature on it she just ask me to tell hear if i have been convected of a crime and she sent it in with out my name on it i think anyone who sent in petition should say up front of any crimes to AVOID RFE

On the petition you filed on april 2 you failed to complete part C of the form in a Notice of Acttion may 18 you were notified you must complete the form you were then asked to respond to qustion in part C and sign and resubmit the form that was sent to you Your response received bye the office may 29 did not include your signature on form you resubmitted in view of the above the petition is DENIED

Still not overly clear, however - the mistake was clearly that of your attorney. So I'll ask again - what does she advise for next steps to rectify the situation?

[dogluke 0]

all NEW APPLACATION ALL OVER OR SHE WILL GIVE ME MY MONEY BACK NOT SURE WHAT TO DUE YET

[*julez* 124]

Well, if you still want to get married, then you'll need to complete a new petition. The question is, do you feel confident filing it your self? If so, get the refund and re-do it yourself. If not, have the lawyer do it and make her pay the new, higher filing fee. Or, get the refund and find a competent immigration attorney to file the new petition for you.

What a bummer for you. Good luck!

[TracyTN 237]

Well, if you still want to get married, then you'll need to complete a new petition. The question is, do you feel confident filing it your self? If so, get the refund and re-do it yourself. If not, have the lawyer do it and make her pay the new, higher filing fee. Or, get the refund and find a competent immigration attorney to file the new petition for you.

What a bummer for you. Good luck!

The OPs situation is now quite more complicated than when he started this petition. No way I'd go it alone. I would either dump the current attorney and find a new one (after getting a full refund from the current attorney), or make this attorney work on the new case for free.

Personally, I wouldn't want to touch this attorney again with a 10 foot pole (no reply to an RFE - how basic a mistake is that??) - but I certainly wouldn't go it alone, either.

[*julez* 124]

Well, if you still want to get married, then you'll need to complete a new petition. The question is, do you feel confident filing it your self? If so, get the refund and re-do it yourself. If not, have the lawyer do it and make her pay the new, higher filing fee. Or, get the refund and find a competent immigration attorney to file the new petition for you.

What a bummer for you. Good luck!

The OPs situation is now quite more complicated than when he started this petition. No way I'd go it alone. I would either dump the current attorney and find a new one (after getting a full refund from the current attorney), or make this attorney work on the new case for free.

Personally, I wouldn't want to touch this attorney again with a 10 foot pole (no reply to an RFE - how basic a mistake is that??) - but I certainly wouldn't go it alone, either.

Given the cuircumctances described above, my personal choice would also be to get a refund and hire a new, competent immigration attorney. I was merely pointing out that there is more than one option in this mess.

[TracyTN 237]

Well, if you still want to get married, then you'll need to complete a new petition. The question is, do you feel confident filing it your self? If so, get the refund and re-do it yourself. If not, have the lawyer do it and make her pay the new, higher filing fee. Or, get the refund and find a competent immigration attorney to file the new petition for you.

What a bummer for you. Good luck!

The OPs situation is now quite more complicated than when he started this petition. No way I'd go it alone. I would either dump the current attorney and find a new one (after getting a full refund from the current attorney), or make this attorney work on the new case for free.

Personally, I wouldn't want to touch this attorney again with a 10 foot pole (no reply to an RFE - how basic a mistake is that??) - but I certainly wouldn't go it alone, either.

Given the cuircumctances described above, my personal choice would also be to get a refund and hire a new, competent immigration attorney. I was merely pointing out that there is more than one option in this mess.

We are definitely in agreement!!

[chris4gretchen 1]

Hi, i think you should get your refund and get a new immigration attorney, and i think you should have someone else checking your forms and documents. your spelling is not good enough to clarify things and you need very clear and concise information in your visa petition. If you want a successful petition, i don't see any other choice.

Chris

[Krikit 1,163]

1. If you take the refund from the attorney, make sure you receive enough money to cover the variance for the new fees.
   
2. If you change lawyers, make sure you receive a written explanation as to why you are now filing another petition.
   
3. If both the petitioner and the beneficiary have a language barrier, I urge you to use a competent lawyer as opposed to doing it on your own.
   

All the best.