Not sure if Attorney gave me good advice.

[my choice 0]

Ok after my I129F was sent back to the USCIS, the CO not giving a clear reason as to why really, other then laughing in my fiance at the time face and telling him she was sending it back. Well can't cry over what is done. So 2wks after our paperwork was sent back I took a trip to Morocco and got married. I filed the CR1 paperwork, and then I decided to consult an attorney. The advice he gave me was more for a rebuttle. I didn't understand because there is no rebuttle, I started a completely new petition. But yet the attorney begged me not to withdrawl my fiance petition eventhough I have a CR1 pending. It doesn't make since to me at all. How could I move forward with a fiance petition still making it's way back to USCIS from Casa, and having a spouse petition pending. The Attorney wants me to fight the fiance petition. Does this sounds like he is trying to milk me for some cash? Don't get me wrong I got some really good information from him however, some othat stuff he was saying did not make any since at all. Any advice would be greatly appreciated.

Edited March 22, 2009 by broken hearted

[Minya's wife 25]

Ok after my I129F was sent back to the USCIS, the CO not giving a clear reason as to why really, other then laughing in my fiance at the time face and telling him she was sending it back. Well can't cry over what is done. So 2wks after our paperwork was sent back I took a trip to Morocco and got married. I filed the CR1 paperwork, and then I decided to consult an attorney. The advice he gave me was more for a rebuttle. I didn't understand because there is no rebuttle, I started a completely new petition. But yet the attorney begged me not to withdrawl my fiance petition eventhough I have a CR1 pending. It doesn't make since to me at all. How could I move forward with a fiance petition still making it's way back to USCIS from Casa, and having a spouse petition pending. The Attorney wants me to fight the fiance petition. Does this sounds like he is trying to milk me for some cash? Don't get me wrong I got some really good information from him however, some othat stuff he was saying did not make any since at all. Any advice would be greatly appreciated.

You cannot file a CR1 petition until and unless your previous petition is 'closed' with USCSIS. The consulate sent your petition back, but did you receive a Notice of Intent to Revok (NOIR) from the service center that initially adjudicated your petition? In effect there are now two petitions, one a fiancee visa and the spousal visa petition pending with USCIS.

Please read the "Returning Petitions to the United States via 221g" thread that is pinned at the top of this forum...it is quie long, but it gives a lot of very valuable information for your reference. Your attorney is wrong if he is advising you to fight the denied/retuned fiancee visa petition. Now that you've married, it is no longer a petition you qualify to file, you're married. But you do need to deal with that initial petition. Did you tell the attorney know that you've now married and filed a new petition, the I130?

[my choice 0]

Ok after my I129F was sent back to the USCIS, the CO not giving a clear reason as to why really, other then laughing in my fiance at the time face and telling him she was sending it back. Well can't cry over what is done. So 2wks after our paperwork was sent back I took a trip to Morocco and got married. I filed the CR1 paperwork, and then I decided to consult an attorney. The advice he gave me was more for a rebuttle. I didn't understand because there is no rebuttle, I started a completely new petition. But yet the attorney begged me not to withdrawl my fiance petition eventhough I have a CR1 pending. It doesn't make since to me at all. How could I move forward with a fiance petition still making it's way back to USCIS from Casa, and having a spouse petition pending. The Attorney wants me to fight the fiance petition. Does this sounds like he is trying to milk me for some cash? Don't get me wrong I got some really good information from him however, some othat stuff he was saying did not make any since at all. Any advice would be greatly appreciated.

You cannot file a CR1 petition until and unless your previous petition is 'closed' with USCSIS. The consulate sent your petition back, but did you receive a Notice of Intent to Revok (NOIR) from the service center that initially adjudicated your petition? In effect there are now two petitions, one a fiancee visa and the spousal visa petition pending with USCIS.

Please read the "Returning Petitions to the United States via 221g" thread that is pinned at the top of this forum...it is quie long, but it gives a lot of very valuable information for your reference. Your attorney is wrong if he is advising you to fight the denied/retuned fiancee visa petition. Now that you've married, it is no longer a petition you qualify to file, you're married. But you do need to deal with that initial petition. Did you tell the attorney know that you've now married and filed a new petition, the I130?

Yes I did tell him that. This is why i believe he directed me in the wrong way for capitol gains. He begged me not to withdrawl my fiance petition.

[Nagishkaw 510]

Here is a good read :

http://www.ilw.com/articles/2006,0323-ellis.shtm

[~PalmTreeGurl~ 154]

I think that alot of peoples paper work and cases can be done by themselves by reading online, asking alot of questions, and having someone go over with them to be sure its done right. Attorneys rip peoples arms and legs off for this process to get money, yet they can not gaurantee a visa for a fiancee or spouse. I suggest ask alot of questions on here, read alot of the links given to you, and use the phone numbers to NVC (1-603)334-0700 to USCIS 1-800-375-5283 and whatever else you need. If there was a World Relief ORG in your area, I would suggest asking them for help if you needed or if you could. www.worldrelief.org I paid $50 for paper work filed for I130 & $50 for I129f back in 2006, then $100 for the AOS once my husband arrived. No lawyer was used from me. All lawyers quoted me prices from $1800 to $2800 for help with paper work- what a huge ripoff that would have been for us.

[Ahmed N Cheryl 0]

I agree with Tamara we did not use any Attorney and our petition was filed and approved the first go round just by reading here, asking for advice, and following the instructions very well. Attorney's charge way to much and cannot promise your approval at the end.

I do know that I read a fiancee petition will be denied if you are married now....so no need to fight for that one. Unfortunately I also heard the married petitions can take a lot longer for approval. I wish you all the luck in your Journey.

[Sylvia_n_Joseph 3]

The returned K1 can come back to bite you. According to the lawer I retained if you cancel it you are in effect agreeing with the findings of the interviewing officer.

[Meriem_DZ 37]

The returned K1 can come back to bite you. According to the lawer I retained if you cancel it you are in effect agreeing with the findings of the interviewing officer.

But they don't qualify for the K-1 anymore. They have a reason to cancel because they are now married.

Meriem

[my choice 0]

The returned K1 can come back to bite you. According to the lawer I retained if you cancel it you are in effect agreeing with the findings of the interviewing officer.

Sounds like you hired the same attorney i got advice from. But if I am married there is no since in fighting for a fiance visa when I am now legally married.

[RonelllovesHamdi 0]

You need to try to see why the petition was sent back. I think you should call the USCIS to find out what is going on. You know if you hired this lawyer he should do that in the fee you already paid him. I must agree lawyers will rip you off big time. I paid $2300 and he did nothing but fill out the paperwork!

[my choice 0]

You need to try to see why the petition was sent back. I think you should call the USCIS to find out what is going on. You know if you hired this lawyer he should do that in the fee you already paid him. I must agree lawyers will rip you off big time. I paid $2300 and he did nothing but fill out the paperwork!

The USCIS has no idea why it was sent back at all. It has been almost 2mos and they still have not received it from the consulate yet.

[catknit 144]

Sylvia-n-Joseph's advice is spot on from what I've read and have had a few attorney consults tell me... You should never cancel/withdraw a K1 petition even if you've married. A good attorney will respond with a rebuttal to the K1 that will include your marriage information - the attorney should be addressing 2 things - the K1 return and the new I130.

You do NOT want to set up yourself in a situation where you've created a misrepresentation.

At the end of the day, it's up to you on whether or not you want to use an attorney - there are loads of sources for information both here on vj and other internet sources. If money is an issue, legal help may be available to you thru other sources at a minimal rate. But with all of that said, even a small slip up, especially after a returned petition, can lead to a longer wait at the minimum - or in the case of some misrepresentations the need to file waivers, bars, etc etc.

I realize that for many people throwing around $1500-$2500 or whatever is a lot of cash. Trust me, it hurts to be writing out that check, I know!!! And I know Morroco is notorious for returned petitions, but I would not screw around with a returned petition. You have a HUGE strike against you already. HUGE. And, as sad as it is to say, you may have a storybook relationship - a great match etc etc...but from a legal standpoint, for whatever reason [and maybe nothing more than the CO waking up on the wrong side of bed] you have a record that states it didn't pass the test. And trust me, from someone who knows, it is heartwrenching to have some 3rd party who doesn't know you or your relationship randomly crush your dreams...it's been months for me and I still cry over it.

Find out all you can, research, get in touch with your elected people - see what you find out. If, after all of that you feel comfortable doing all the paperwork - great. For me - even though I feel like [after filing the I129 and a year of research/vj/attorney calls/badgering my elected peeps liasons] I'm sort of well versed in this and typically feel ok with forms, personally I don't want to screw things up more than they are.

[Sandrila 1]

GOD KNOWS I SPENT A TON OF MONEY ON A LAWYER....probably.....3,500....just for his fees.

ALL HE DID.....PAPERWORK.

I often asked myself why I had him. He sat back all relaxed, after sometime I realized if I wanted my questions answered and any sense of hope, I had to do my own research. Thank God I found this site

Still the money is spent and thank GOD my husband is here.

I wouldnt say it wasnt worth it to have the lawyer, I knew nothing at all about this process, but in hindsight I wouldnt say that I NEEDED him.

I see now that people quite successfully have done this completely by themself.

[catknit 144]

Many people - especially those on vj - are very successful with filing on their own. But, and this is a HUGE but in those cases, it's for a single, original petition.

In the OP's case, they have a denial and returned petition. Will she be successful rebutting the K1 findings and starting a new petition for a K3 or CR1 - sure, it's possible however it will depend on the specifics of the case.

She is in a very sticky position here. One mistep and it will cost her YEARS maybe even a bar...that's not saying attorneys are perfect and for straight forward cases I totally agree that the average person can do it on their own. The OP's case is no longer straight forward.

[childress_london 3]

The K1 is for an unmarried couple. Now that you are married, the K1 is invalid and you cannot continue to pursue it. However, you should wait until it is closed before you file for the CR1.