NEED HELP FROM SEASONED VJers

[YOUTOO 2]

Sorry, was too late to edit my post but I wanted to know if this wording is the standard on an

approved I-130 form or is it different case by case?

[pushbrk 12,569]

That is correct. Even now the attorney tells me that he is confident the I-129F will be approved any day now;

that's 8 months after he filed. He never encouraged me or even suggested an option to file for the CR-1. I

decided on this by myself after trying to educate myself on VJ.com. It seems that was the smarter option,

yet as mentioned I lost 8 months in the process because the way I read it the approval notice, I should have

filed for CR-1 right then and there. I feel encouraged by all your responses and thank you all for your patience.

Let's hope that this is one of my last posts before the journey has reached it's destination.

As I'm sure you've been informed multiple times, the CR-1 visa results from filing the I-130 alone, so it is in fact the initial path you took. It was only months later after the I-130 was approved that you filed the I-129F for K3.

I think your lawyer has been ignoring the correspondence from NVC about your CR1 visa path because he doesn't understand the I-129F will never be approved.

Let me guess, the lawyer already has all the money he's going to get, so he has no motivation to follow through with anything at this point.

[pushbrk 12,569]

Sorry, was too late to edit my post but I wanted to know if this wording is the standard on an

approved I-130 form or is it different case by case?

I've seen two standard wordings. Yours doesn't match either. That's why I think your lawyer made a mistake in the initial filing that gave the impression your spouse would adjust in the US. So, they're telling you that you said she would adjust in the US but she isn't eligible so they forwarded the petition to NVC. I'm willing to bet anything your attorney has heard from NVC and ignored their correspondence.

If you don't get control of this process for yourself, absolutely no progress will occur.

[Catt 6]

Sorry, was too late to edit my post but I wanted to know if this wording is the standard on an

approved I-130 form or is it different case by case?

I've seen two standard wordings. Yours doesn't match either. That's why I think your lawyer made a mistake in the initial filing that gave the impression your spouse would adjust in the US. So, they're telling you that you said she would adjust in the US but she isn't eligible so they forwarded the petition to NVC. I'm willing to bet anything your attorney has heard from NVC and ignored their correspondence.

If you don't get control of this process for yourself, absolutely no progress will occur.

I really think, like I wrote before, that this might be a consequence of what was filled in in question 22 of the Form I-130. This question says:

"Complete the information below if your relative is in the United States and will apply for adjustment of status". Is it possible this item 22 was filled in anyway? It would make sense that USCIS would consequently say: "the petition indicates" (etc).

In this item, you can fill in the USCIS office in which your relative would apply for adjustment of status.

It also says: "If your relative is not eligible for adjustment of status, he or she will apply for a visa abroad at the American consular post in (to be filled in).

Again, I am a newbie at this, but what was filled in here probably caused the wording of your approval notice.

About your attorney: you should ask him this question: what was the point in filing an I-129F petition only after the I-130 was approved? If you were going for K-3, then why didn't he file this petition immediately when receiving the I-130 NOA1?

In any case, I'd say he should have followed this up more closely. There is no excuse for this waste of time, and waiting for an I-129F approval that - as Pushbrk said - will probably never come (you also said that according to your attorney, he didn't even get an NOA1 for it?).

If he on top of this also ignored NVC correspondence, as Pushbrk suggests, then that's unbelieveable. He should have at least discussed all the options with you.

I of course don't know the particulars about your case. But i'm an attorney myself (albeit not a US one) and stories like these make me angry. They give all of us a bad name. If you do a job, then do it well or don't do it at all.

Edited May 12, 2008 by Catt

[YOUTOO 2]

I really think, like I wrote before, that this might be a consequence of what was filled in in question 22 of the Form I-130. This question says:

"Complete the information below if your relative is in the United States and will apply for adjustment of status". Is it possible this item 22 was filled in anyway? It would make sense that USCIS would consequently say: "the petition indicates" (etc).

In this item, you can fill in the USCIS office in which your relative would apply for adjustment of status.

It also says: "If your relative is not eligible for adjustment of status, he or she will apply for a visa abroad at the American consular post in (to be filled in).

Again, I am a newbie at this, but what was filled in here probably caused the wording of your approval notice.

Item 22 is only filled out saying : If your relative is not eligible......and says consular post : Tokyo, Japan.

About your attorney: you should ask him this question: what was the point in filing an I-129F petition only after the I-130 was approved? If you were going for K-3, then why didn't he file this petition immediately when receiving the I-130 NOA1?

He states that he never received NOA1 on the I-130, therefor had no file number to reference the I-129F to.

In any case, I'd say he should have followed this up more closely. There is no excuse for this waste of time, and waiting for an I-129F approval that - as Pushbrk said - will probably never come (you also said that according to your attorney, he didn't even get an NOA1 for it?).

If he on top of this also ignored NVC correspondence, as Pushbrk suggests, then that's unbelieveable. He should have at least discussed all the options with you.

He has mailed all paperwork to me now, however, no NVC correspondence is included.[/font]

I of course don't know the particulars about your case. But i'm an attorney myself (albeit not a US one) and stories like these make me angry. They give all of us a bad name. If you do a job, then do it well or don't do it at all.

Edited May 12, 2008 by YOUTOO

[YOUTOO 2]

[quote name='pushbrk'

Let me guess, the lawyer already has all the money he's going to get, so he has no motivation to follow through with anything at this point.

You are right, again! He has all the money and shows absolutely no incentive to help out any further.

I hope and hope that my CR-1 application will go through without any problems. When everything is finished and I have returned to the U.S. I intend to take him to court and get my money back.

Edited May 12, 2008 by YOUTOO

[pushbrk 12,569]

He has mailed all paperwork to me now, however, no NVC correspondence is included.[/font]

Then it is time for you to take control of the process by calling NVC about the status of your I-130.

Call them at 603.334.0700 then use menu options 1 and 5 to talk to a real person. Have that NOA2 in hand when you do. Please let us know what you find out.

[YOUTOO 2]

Thanks. I will do that and will post results. Again, I am most grateful for all your help!!!