Need some good advice

[bassel15 0]

Hello everyone hope all are doing well.... as for me things are not any better....but my question is about what the lawyer said.... I have been talking to two lawyers the Marc Ellis and Michael Solomon..... Solomon sent me and email that said that we would refile and do everything right this time....while Ellis really just told me that we would do a revocation....okay this is where you can help me decide what would be better I'm really lost I don't want to make the wrong choice in this matter for this is our life. I need the advice from those who have been in my shoes where their spouses had their papers sent back....and how long does this all take....I'm really scared that this could turn into waiting for years....I don't know how much longer i can take of this....but i love him and im willing to wait....Thank You Bernice

[Sylvia_n_Joseph 3]

Hello everyone hope all are doing well.... as for me things are not any better....but my question is about what the lawyer said.... I have been talking to two lawyers the Marc Ellis and Michael Solomon..... Solomon sent me and email that said that we would refile and do everything right this time....while Ellis really just told me that we would do a revocation....okay this is where you can help me decide what would be better I'm really lost I don't want to make the wrong choice in this matter for this is our life. I need the advice from those who have been in my shoes where their spouses had their papers sent back....and how long does this all take....I'm really scared that this could turn into waiting for years....I don't know how much longer i can take of this....but i love him and im willing to wait....Thank You Bernice

Did Mr Ellis say revokation or rebuttal I know he said rebuttal to me

[bassel15 0]

Hello everyone hope all are doing well.... as for me things are not any better....but my question is about what the lawyer said.... I have been talking to two lawyers the Marc Ellis and Michael Solomon..... Solomon sent me and email that said that we would refile and do everything right this time....while Ellis really just told me that we would do a revocation....okay this is where you can help me decide what would be better I'm really lost I don't want to make the wrong choice in this matter for this is our life. I need the advice from those who have been in my shoes where their spouses had their papers sent back....and how long does this all take....I'm really scared that this could turn into waiting for years....I don't know how much longer i can take of this....but i love him and im willing to wait....Thank You Bernice

Did Mr Ellis say revokation or rebuttal I know he said rebuttal to me

he said revocation i checked my email just to make sure

[Sylvia_n_Joseph 3]

Revoking a visa is something done on the government side not the petitioners side. Mr Ellis is a good lawyer so I am curious about exactly how he used the word revocation. The normal course of a returned visa is that your fiancée has an interview and there is some sort of issue where the embassy gives you a paper saying that they are returning the petition for reason XXXXX and recommending that the petition be reviewed for revocation.

Whatever the reason was you have to clear that "problem" up in any future petition. Just refiling a new petition that does not address the original problem is not a good idea. A bad lawyer will simply advise you to get married and file a new petition. If both lawyers are saying they are addressing the original revocation in their proposed solution then it is a matter of who you are most comfortable with and in the case of a tie which one is providing the best service for the money.

[bassel15 0]

Revoking a visa is something done on the government side not the petitioners side. Mr Ellis is a good lawyer so I am curious about exactly how he used the word revocation. The normal course of a returned visa is that your fiancée has an interview and there is some sort of issue where the embassy gives you a paper saying that they are returning the petition for reason XXXXX and recommending that the petition be reviewed for revocation.

Whatever the reason was you have to clear that "problem" up in any future petition. Just refiling a new petition that does not address the original problem is not a good idea. A bad lawyer will simply advise you to get married and file a new petition. If both lawyers are saying they are addressing the original revocation in their proposed solution then it is a matter of who you are most comfortable with and in the case of a tie which one is providing the best service for the money.

Well to tell you the truth I'm wanting to go with Ellis.....and I had no clue what was even meant by revocation.....he and i are already married so the problem was him not being able to speak and read English well....thats what my husband and i are thinking.....i had been down to see him twice and he had all the proof that was required.....see when she asked him to read an email i had sent him and my husband could not read it she handed him back all his things and told him his papers were going back to the USA.... i guess i have a very long wait before i even hear anything.....but thanks im so grateful for any advice i can get.... all these great people going through or have been through the same thing we are understand where we are coming from.....and I wish had more answers but for some reason im the one always asking the questions....anyways Thanks

[Sylvia_n_Joseph 3]

My fiancee's interview went sour when he couldn't detail what I do at work. I have retained Mr Ellis.

[Sandrila 1]

Bernice

I have not had the same experience as you so I feel I cannot give the correct advice on it.

I am certain that the good folks here will be able to assist you.

I do however want to extend my positive thoughts and prayers your way that GOD give you the strength you need

to endure this journey and that you may get the results you so desperately need as soon as possible.

[~kiyah~ 14]

I sent you a PM with some details, but I do want to summarize for the sake of others reading this thread who may be faced with the same decision. I hate to sound harsh, that isn't my intention. I really hate it when someone is given bad information, it brings out my passion for the details of this process.

Please if you want to be reunited with your spouse in the near future, do not hire a lwayer who is telling you to refile a CR1 visa petition after the original has been returned. Doing this will only cause needless delays in your immigration process, not to mention the mountain of stress on your relationship that will come with that. This lawyer has NO idea what they are talking about, and just by the statement you received of "file again but do it right this time" tells me this lawyer is not familiar with the visa petition/application return and/or denial process. I certainly would not risk my husband's immigration on a lawyer such as this let alone our hard earned money to pay them. This process is hard enough without making it worse on your own by hiring a lawyer who really has no experience in this area of family immigration.

The facts are hard to swallow, I know because I have been there. This is not going to be easy, it very well may be one of the hardest things you go through. It will test you, it will test your faith, it will test your relationship between you and your spouse. Many strong relationships have buckled or been scarred during this process. However, if you want to be together in this country, you have no choice but to go through the return process. This is a CR1...it is an immigrant petition/application that does not expire, it is not like a non-immigrant visa petition/application which does have an expiration date and can 'possibly' be refiled if appropriate.

The USCIS has no choice but to review the returned petition/application and make a decision on whether to send you (the petitioner) an NOIR/NOID or directly send the files back to the Department of State (consulate) along with a reccommendation to issue a visa. This is exactly what Ellis is referring to when he used the "revocation" language, to rebut the NOIR/NOID that comes. Poor choice of language maybe, but he is definitely very familiar with the process you are facing.

I would definitely err on the side of caution and if you are going to hire a lawyer, hire one with 'provable' experience in this specific area of family immigration. I really wish you luck.

~Kiyah~

Edited February 17, 2009 by Kiya

[bassel15 0]

Bernice

I have not had the same experience as you so I feel I cannot give the correct advice on it.

I am certain that the good folks here will be able to assist you.

I do however want to extend my positive thoughts and prayers your way that GOD give you the strength you need

to endure this journey and that you may get the results you so desperately need as soon as possible.

Thank You so much for just saying what you have said means so very much to me really......Bernice

My fiancee's interview went sour when he couldn't detail what I do at work. I have retained Mr Ellis.

Yes I'm going to do the same as well and go with Mr. Ellis.....Thanks

[bassel15 0]

Kiya Thank You so much for that great advice.....and we are ready for the long wait ahead of us.....I know that its not going to be easy but its something that we have to deal with.....I have already been apart from my husband for so long.....and i have not seen him in person in what seems like forever..... it will be one year in April.... the trips are getting more and more difficult because i have two kids that i just cant leave anytime i want..... they have their father but God knows i cant depend on him to watch them for one month.....he did it once the first time i went and i never heard the end of it....the second time i left them with my sister which was okay at the time.... but she and her husband are going through some hard times.....so i have my other sister that is here in town but her boyfriend is not the best person to have around my children.....so im praying that everything will go well for me to go see my hubby like i would like in April.....Thank You all for being there for me believe me if you weren't here I really would be lost.....Bernice

[~kiyah~ 14]

Kiya Thank You so much for that great advice.....and we are ready for the long wait ahead of us.....I know that its not going to be easy but its something that we have to deal with.....I have already been apart from my husband for so long.....and i have not seen him in person in what seems like forever..... it will be one year in April.... the trips are getting more and more difficult because i have two kids that i just cant leave anytime i want..... they have their father but God knows i cant depend on him to watch them for one month.....he did it once the first time i went and i never heard the end of it....the second time i left them with my sister which was okay at the time.... but she and her husband are going through some hard times.....so i have my other sister that is here in town but her boyfriend is not the best person to have around my children.....so im praying that everything will go well for me to go see my hubby like i would like in April.....Thank You all for being there for me believe me if you weren't here I really would be lost.....Bernice

You are very welcome.

As for going back...you will need to do this, and you will need to do it before the NOIR/NOID comes. This is something the USCIS will be specifically looking for when they review your rebuttal. Can I suggest not thinking of going for 30 days at a time?

Even though I returned an additional 5 times before my husband's 2nd interview, they weren't 30 days trips. That just isn't practical, not everyone has the finances or flexibility in their job to do this. I would take 2 weeks, 1 week, another 2 weeks, etc. Basically as much as I could get away with each time without losing my job or putting myself completely in the hole regarding my finances

However, each time I went we took great videos of us together and with family and a ton of photos. The videos were converted to DVD and included in our file. When it came time for his 2nd interview we had more quality evidence spanning a near 3 year period than the consulate wanted or needed to look at to be sure, seriously.

I completely understand having constraints, but if you can swing a couple of weeks soon, that would be in your best interest. If in another 6 months or so you can swing that again it would also be good. Each time you go gather quality evidence that you can submit with your rebuttal.

Let me know if you have any questions at all. Take care.

~kiyah~

[caybee 21]

However, each time I went we took great videos of us together and with family and a ton of photos. The videos were converted to DVD and included in our file. When it came time for his 2nd interview we had more quality evidence spanning a near 3 year period than the consulate wanted or needed to look at to be sure, seriously.

~kiyah~

Kiyah, I have a question out of curiosity. I've heard mixed opinions about submitting videos to the consulate, but I don't think I've ever heard results from someone who actually submitted them. Obviously, your rebuttal was successful. Do you know if they actually viewed your DVD? Or perhaps merely seeing that that evidence existed, even if they didn't view it, boosted your case? If so, perhaps this is something to recommend for the initial evidence submitted to Casa. Thanks!