For those who've had returned K1 petitions

[morocco4ever 63]

Glad you are being pro-active.

However, I'm not sure if hiring an attorney is the best use of your $$. IMO, there are equally/more knowledgable people here on VJ (I think you have already gotten some bad advice about having 2 petitions of the same type open). Especially those with specific India experience. Someone said, an attorney will never care as much about your case as you. You will respond to every request quickly, while you are "just a case" in an office.

I think it has already been mentioned - there is a sticky in the MENA forum for returned petitions.

Good Luck!!

When a petition has been returned it's a bad idea to hire an attorney to help you? There are plenty of people on VJ who can help you?

I'm really glad to see the OP has counsel assisting them. I hope the OP has 'checked out' the counsel they have hired and that this is an EXPERIENCED family-based immigration attorney. Because it is true that not just ANY lawyer can help.

And I certainly hope we don't run around this community telling people NOT to seek legal advice because VJ members are 'knowledgeable'.

This post stuns me.

Guess I have heard too many stories of immigration attorneys who really didn't know the process or a specific country's uniqueness or didn't turn documents around in a timely matter. The OP has already gotten bad advice -- start another K-1 petition. That would be a waste of money and the OP has to pay for it.

Opinions .... we all have them.

I think the problem is the amount of lawyers that have no knowledge of how to handle a returned petition. I went to one that charged me $500.00 to do a FOIA. She said that as soon as we got their response we could proceed. I researched and researched beyond belief. What I found out is that she had filed a FOIA with the USCIS. It was the DOS that denied us, not the USCIS. Strike one. So I filed my own FOIA with the DOS. I didn't sit on my hands in the meantime however. I got the response for my FOIA before my lawyer got the one for hers. The response was that they can't give out information on returned cases. Strike 2 on this lawyer. I found another lawyer and presented my case. He said my case is too strong, and all he could do would be to organize my papers. With this I decided to do it myself. We won.

One other note. After my husband got here the lawyer called me and said that she has an answer on the FOIA. I told her that I did it without her and won.

I am not saying you don't need a lawyer, it depends on your case. What I am saying it to choose very carefully. I have heard some of the suggestions lawyers have given some of the members here on VJ and have been absolutely stunned. By what I know about the process I could tell that they had no idea what they were talking about.

[catknit 144]

I think one of the great strengths of a forum like this is the fact there are those who went before us...

That's why I even presented this question - the attorney's whose strategy I've outlined in this thread is from one of the better known firms who handle cases in India frequently. The firm has a good reputation. The reason I presented it here is the fact that I've read again and again about being super careful with returned petitions - not to mention having 2 K1 cases existing at the same time. [This attorney is recommending exactly what brnidokiegurl mentioned in her post - refile immediately and use the new approval from the second petition as proof the relationship was real all along].

I've talked to many people at this point [congressional people, attorneys, calls to DOS and NVC, the embassy - anyone who'll talk to me] and everyone has their own method.

Some attorneys I wouldn't touch with a 10 foot pole - after getting their background [even those in ALIA] it's evident that they do, say, corporate employee/employer work and not family based work...people who are looking to retain an attorney do need to know the right questions to ask.

I'm just scared at this point that I'll make things worse, even with an attorney - it's hard to come thru this without your confidence rattled.

[sara..... 371]

wow i learned a lot reading all the reply s u have received and im really happy to find out u can refile........

i had always thought u could not but then again i was told that by an attorney

best of luck u know the two of you are always in my prayers and dua

sara