Opinions on whether a lawyer can help with this

[desert_fox 32]

One last word. Your wife should not have left the country, but instead file for a J1-waiver, if eligible to receive one.

Why not? How would leaving affect her? Are there any implications or bans for doing so? What if the immigrant left without AP, but during AOS processing? Just curious, as I have gotten very different and mixed answers to these questions before.

He must be saying that because under many circumstances, people do file for waivers in this situation. However, as I wrote above, a lot of thought was put into this decision, and my wife leaving to serve her 2 year residency abroad was a decision we had to make.

As for USCIS not "looking at my paperwork" , that is incorrect. I have asked and looked into this question many times, and when I visited my wife in her home country, I called the embassy there and discussed this matter with them. It is not a matter of USCIS not processing it as much as it is a matter of the visa not being granted until her 2 years have been served. HOWEVER, I can file ahead of time, and the embassy will just hold her application until her time has been served and we schedule an appointment.

Q: May I file for an I-140 (Labor Certification Petition) petition or I-130 (Alien Relative) petition while under the J-1 Foreign Residency Requirement?

A: Yes. Filing either an I-140 or an I-130 does not affect your status. Both allow you to obtain Permanent Residency Status in the future. For example, a person can obtain I-140 approval and then return to his/her home country and after completing the Foreign Residency Requirement, he/she is eligible to apply for permanent residency.

That was just one example of information regarding this issue.

In fact, we actually had a k-3 filed (yes...one more extra bit of paperwork that was filed to compound this issue , by the paralegal in Miami, whom after hearing that my wife had left, said.."no problem......we can just file a k-3...")

Again, we trusted her , and had her file it, and in fact, it was over the summer when I was spending time with my wife, that we actually recieved the approved packet and it was just a matter of scheduling an appointment at the embassy and getting medical clearance.

We obviously did not proceed with it, for reasons well known now. In fact, it was when I decided to, on my own , to start looking at information regarding immigration procedure and to gain more knowledge on these matters, that it was ME....who actually had to hand the paralegal information I got from the web, and copied in order to show HER.....that my wife was not eligible for a k-3 and that she should never have asked us to file one.

I only wish I had not had such confidence in the paralegal to start with and had done the research on this earlier, BEFORE all the mistakes were made. But when someone who "specializes" in these issues, keeps insisting to me that she knows what she is doing and that everything is fine.......I tended to believe her.

I have since learned to be much more skeptical of lawyers/paralegals since then......and that's why I wrote asking for opinions on whether a lawyer could help with this because after my experience with the paralegal, and all her "assurances", I will be very cautious from now on and much more hesitant to hire one.

I think the most important question now, and the first one I will ask the immigration officer when I speak in person in March will be......"should I withdraw everything and start over....or is there hope in continuing with the I-130 I have already applied for"?

I can only hope that speaking in person will get more accomplished and get this process moving again.

Immigration does not consist of filing every known petition that is available.

The USCIS is not going to waste time adjudicating a petition for someone who is not elgible for a visa.

Without filing for a waiver before filing the I-130 will do nothing....she is not elgible.

A lawyer cannot help you.

They do not publish their phone number for a very good reason. They would never get any work done from all the phone calls they would receive from the public.

They cannot forward anything to the embassy until it has been adjudicated and approved. It is clearly not approvable right now.

Mellow out, stop filing petitions, and wait until the 2 year home residence has been completed or file for a waiver of the requirement.

[meauxna 15]

I think a lot of bullcrap floated to the surface of this thread. I believe that the J-1 issue would not even come up until the AOS interview.

OP: what is the District Office serving your residence? What is their AOS posted processing date?

If Florida, your file is probably just waiting its turn.

Beware.

And go spend the bux to meet with an attorney. I can see you're going to get mixed messages online. How's your future look?

[dmartmar 1]

I have asked and looked into this question many times, and when I visited my wife in her home country, I called the embassy there and discussed this matter with them. It is not a matter of USCIS not processing it as much as it is a matter of the visa not being granted until her 2 years have been served. HOWEVER, I can file ahead of time, and the embassy will just hold her application until her time has been served and we schedule an appointment.

I think the most important question now, and the first one I will ask the immigration officer when I speak in person in March will be......"should I withdraw everything and start over....or is there hope in continuing with the I-130 I have already applied for?"

Any I-130 application, whether old or new, will not be processed until she meets her 2 year residency requirement. Withdrawing the old one and resubmitting a new one will not do anything, nor speed up any process. Either way, both will be left aside and ignored until she meets her requirement.

Withdrawing the I-130 that has already been processed and put on hold in order to re-submit a new one could further delay everything, since you'd be basically starting from scratch all over again.

Edited February 27, 2006 by dmartmar

[MPGGPM 0]

I think a lot of bullcrap floated to the surface of this thread. I believe that the J-1 issue would not even come up until the AOS interview.

OP: what is the District Office serving your residence? What is their AOS posted processing date?

If Florida, your file is probably just waiting its turn.

Beware.

And go spend the bux to meet with an attorney. I can see you're going to get mixed messages online. How's your future look?

I think you're right...not only about the stuff floating on the water, but your advice to at least "speak" to a lawyer.

If there is one thing I have learned in this past year, it's that you will get all kinds of responses and misinformation to issues regarding immigration. It is so complictaed, and even when you call USCIS, the State Department, or the Embassy, you will often hear one thing one day, only to hear something else the next.

I think my wife wife is worth all the effort I have put into this...and MUCH more so. The main thing, is to get some clear cut idea of how to proceed, and I believe the ONLY way I will be able to do that at this point is by my meeting with an immigration officer in March, and by consulting an attorney and hearing what they have to say.

I appreciate all the input I have recieved on this, but as with anything else I have heard regarding immigration issues, I take it all with a grain of salt until I find out for sure from the people who are directly involved with this, or by speaking and at least "consulting" with a lawyer.

By starting this thread, I hoped to hear from people who have had experience in dealing with laweyers, or know firsthand what they can do and what connections they may have.I would assume they have more knowledge than the paralegal who filed the papers for me , from Miami and was hoping for some input from those with experience.

I guess , instead we've gotten off topic a bit, and it's becoming a J-1 residency thread.

I have done enough research on my own, to know what is possible and what is not regarding this issue, and I know that what several are saying regarding the I-130 is wrong. I have discussed it many times with the embassy, and KNOW the I-130 can be at least processed and sent overseas much as the K-3 was, which was based on THAT application.

And the ONLY reason the I-130 has not been sent is because of the mix up with the application....not to mention the fact that the original packet was missing a few documents such as my passport copy etc...

But had there NOT been any errors, I am sure it would be at the embassy now....much as the k-3 was . The issue of the J-1 would not even come up....until her interview.

I am willing to listen and read the points contradicting this, but unless there is some evidence provided that states otherwise...then it's just gossip...and nothing more.

I think people should be much more careful about what they say regarding such important issues, because I have done enough research on my own to know many are wrong.

It will take more than just a few sentence......unless there is some kind of evidence backing themselves up....it shouldn't be written.

Too much bull dung...floating around online.......as you as you said B)

[meauxna 15]

I think my wife wife is worth all the effort I have put into this...and MUCH more so. The main thing, is to get some clear cut idea of how to proceed, and I believe the ONLY way I will be able to do that at this point is by my meeting with an immigration officer in March, and by consulting an attorney and hearing what they have to say.

Many people report success in getting an earlier InfoPass appointment by stalking the website late in the evenings... 9 or 10 pm from memory .. when canceled appointments are released back into the 'available' pool.

You sound like you have your head on straight; I'll look forward to reading your success stories in the future!

[dmartmar 1]

I think my wife wife is worth all the effort I have put into this...and MUCH more so. The main thing, is to get some clear cut idea of how to proceed, and I believe the ONLY way I will be able to do that at this point is by my meeting with an immigration officer in March, and by consulting an attorney and hearing what they have to say.

I appreciate all the input I have recieved on this, but as with anything else I have heard regarding immigration issues, I take it all with a grain of salt until I find out for sure from the people who are directly involved with this, or by speaking and at least "consulting" with a lawyer.

By starting this thread, I hoped to hear from people who have had experience in dealing with laweyers, or know firsthand what they can do and what connections they may have.I would assume they have more knowledge than the paralegal who filed the papers for me , from Miami and was hoping for some input from those with experience.

I guess , instead we've gotten off topic a bit, and it's becoming a J-1 residency thread.

I have done enough research on my own, to know what is possible and what is not regarding this issue, and I know that what several are saying regarding the I-130 is wrong. I have discussed it many times with the embassy, and KNOW the I-130 can be at least processed and sent overseas much as the K-3 was, which was based on THAT application.

And the ONLY reason the I-130 has not been sent is because of the mix up with the application....not to mention the fact that the original packet was missing a few documents such as my passport copy etc...

Since you've already made your decision, we should all then consider this thread being done with and no longer worthy of any consideration, nor further input.

And yes, consulting an Immigration atty. is always the best option than consulting anyone here on these, or any other forums. Consulting an Immigration atty. was the best thing I ever did and totally worth the $60 I paid when I was having immigration questions and issues with my foreign ex-wife.

Edited February 27, 2006 by dmartmar

[MPGGPM 0]

I first want to say that I fully understand that 99% of the responses that I receive on this forum are well meaning, and that these are just people who have experienced something similar to what I and my wife are going through, and are just trying to help. Just because I may disagree with someone, does not mean I don’t value their response, or their attempt to help.

There have been some very useful responses to this topic , for example the one on the “infopass”, which 1 minute after I read it, I was on the internet looking it up and signing up for an appointment. In the almost year since I have been dealing with USCIS, the congressional offices etc….I had never once had anyone mention that word to me, or how to sign up. It is responses like that post, which are very valuable to my wife and I, and we appreciate them very much.

However, as far as I am aware, this is a “worldwide” forum, free to anyone around the globe who has useful information for me, to respond, and not just limited to the 5-6 people who have taken the time to respond so far. In the less than 24 hours that this post has been online, I don’t think it has quite reached the range of experiences that are out there which might prove very useful to my wife and I, and which might be of great help to us. And as far as I know, this is what these forums are for.

As useful and as valuable as some posts have been, I think others have ranged from being “speculative”, to even bitter……to bordering on downright “nervy”!

As most people can attest to, this experience is a very difficult thing for two people who love each other to deal with, and none more so than for me and my wife. And , as tough as this has been on me, and has been 10 times as tough on my wife. For it has beeen her, that has been the one, who after nearly 10 years in this country , learning the language…..spending years…day…and countless hours….earning her masters..and PHD…that has been forced to leave this country, her home, her husband, and her life, and to be in a place that she does not want to be in right now. Each day I have had to live with and deal with that fact, and each day I wake up trying to think of ways in which I can aid and help her.

What I have done for the last year, has been little compared to what meeting and marrying her has done for me.

Although I may have set my mind on meeting the immigration officer in person (the infopass appointment), and am about 95% sure I will at least “meet” with a lawyer, I could still use and would still value anyone out there who could give some kind of “concrete” information that may be useful.

For all I know, someone, who in the last 18 or so hours since I posted my topic, and who does not regularly frequent this forum….might happen to notice and perhaps be able to offer some valuable advice And if someone does not feel like seeing this topic posted anymore, then most likely the best way for that to happen is NOT to keep responding to it time and time again….but to use their freedom of choice, and ignore it. No one is forced to read this post or reply to it. And if in the days ahead there is no one else who can add anything or say anything of value which might help my wife and I…then this post will go where all the others have , and just simply fade away and from memory.

But until that happens, I value every “helpful” post I may read. For I know that 99% of them are just from well meaning people like myself, who just want to use their past experience and knowledge to help us.

And I can use and value that very much, and hope to be able to see and read more like the one on the “infopass” that I received, which may just turn out to be the most useful piece of information I have received in quite some time.

Thanks

Edited February 27, 2006 by MPGGPM

[Alenushka 0]

I would not be so sceptical about lawyers

You should learn the difference between paralegals and lawyers. As well as you should get consultations on your immigration issues only from lawyers practicing immigration law not from IP lawyers or litigators, etc.....!!!!! There are too many things in each area of law ) Person can not be specialist in all areas of law at the same time

By the way, you have mentioned that your wife must fulfil 2-year home residence requirement, is it over?

May be issue is there?

She is still subject for it and for that additional reason you case is on hold.....

In any case I wish you good luck

[dmartmar 1]

Although I may have set my mind on meeting the immigration officer in person (the infopass appointment), and am about 95% sure I will at least “meet” with a lawyer, I could still use and would still value anyone out there who could give some kind of “concrete” information that may be useful.

The only people that are 100% knowledgeable and can guarantee the "concrete" info. you so desperately seek, are Immigration attorneys and officers.

[Shortie81 0]

I have a situation that came up with me being deployed to Iraq this coming July. So i called down to the local congressmans office and explained my situation to him and asked if he could help me to speed the process up at the USCIS. To make a long story short....My case was approved the very same day I spoke with him, which as 2 1/2 months a head of time. As a matter a fact they still have not made it to my original processing date yet.

[MPGGPM 0]

I have a situation that came up with me being deployed to Iraq this coming July. So i called down to the local congressmans office and explained my situation to him and asked if he could help me to speed the process up at the USCIS. To make a long story short....My case was approved the very same day I spoke with him, which as 2 1/2 months a head of time. As a matter a fact they still have not made it to my original processing date yet.

Well, I'm envious , obviously,........ because even with the help of the congressional office that I have been in contact with, they seem about as powerless as I am . It seems some congressional offices have more leeway and pull than others. Unfortunately, most congressmen that I have emailed, just foward everything I send them back to my state, which leaves me back in the hands of those , who although are trying to help me, haven't been able to do much.

As tough as my situation has been, I still have to admit though, that your case , from what you describe, is worthy of special consideration. And I wish you luck over there, when you get deployed in July.

I was in contact with the congressional office just recently, after I started this post, and they still didn't have much. It still leaves me with the thought of a) withdrawing everything, as some have suggested, and just starting over...and put myself out of my misery.......or B... finding and consulting a lawyer, which may cost a bit, but would also give me peace of mind that my wife's future would be (hopefully) in good hands.

It's just a matter of making the right decision....from here.

Edited March 2, 2006 by MPGGPM

[aussiewench 9]

If you receive no satisfaction with the 'infopass' appointment, I really doubt that a lawyer is going to be sort it out either. I would seriously start all over again by submitting the I-130 to the service center covering your juristiction.......Then the I-129F so your wife can apply for the K-3 visa....getting you guys back together sooner rather then later. Your original petition could very well be lost in a big black hole because of the past course of events including withdrawing various processess. I wish you all the very best in resolving this soon.

Lorelle

[MPGGPM 0]

I wanted to mention that in the past few days, I have learned a few things in regards to my wife's case.

If anything, for the sake of anyone else who has a spouse with a J-1 visa, I wanted to reiterate what was mentioned earlier, and that the I-130 can indeed be processed while a spouse is serving her 2-year residency requirement abroad. I consulted with an attorney on this , as I said I would, and he confirmed that point, and we also discussed several other things regarding my wife's case. (he also informed me of how expensive he was too...but that's besides the point .....)

Anyways, what he told me was that so far I had done everything right in trying to fix the errors made so far. (trying to cancel I-485 and I-765......and asking for the I-130 to be adjudicated and transferred to Texas). He gave me the options of 1) That he could follow up with more inquiries in the hopes that maybe they will respond to him, better than they have responded to me (which, basically, the response from USCIS to me has been NO response at all) 2) Or, we could start the process again from scratch, and he could file another I-130 now, and then in one year, when my wife's time is up, he would continue with the consular filing etc...

After all I have done this year, JUST to get USCIS to respond to ANYTHING that I have called about, mailed, or faxed .......I am of the opinion like most other posts on this topic, that my best bet is to just start over with another I-130.

It has been a very frustrating agency to deal with, and the most frustrating people I have probably ever dealt with. When you even have the people who work for them, telling me on the phone that USCIS is a "disfunctional" agency, ( as one customer service representative told me on the phone this week when I spoke to him) , then you can only hope that one day, changes will be made so people who have to deal with this agency will have a much easier time in the future getting something fixed.

It has taken me 7 MONTHS of constant hair pulling..........not just to get my wife's I-130 transferred etc..........but to try and get ANY response from them at all! It has been incredible.

And contrary to what one certain ridiculous post said, I really don't think that taking the 5 or so minutes to answer a phone, would be such a difficult thing. Heaven forbid, that after the $1,000 or so fees that I have paid so far, that USCIS in Lee's Summit in Missouri, actually spend a few bucks, and take a few minutes of their time to hire at least ONE person who can answer a phone call!

So, instead of what could be handled in just a few minutes over the phone by hopefully at least one competent person, I have had to spend 7 months making numerous calls to their 1-800 number, spend more money to send registered mail (which they don't respond to anyhow), write numerous letters to congressmen, speak to and contact both local senatorial offices, and finally , to consult and most likely hire an attorney.

And all this, because the one place that DOES have my files there, won't spend the few dollars an hour to hire someone to take a freaking phone call!

Anyways, I do appreciate all the sentiment and advice and help that has been offered from most posts.

I do realize, that as many have done, there is the good possibility that I and my wife could handle and refile all the papers ourselves. I really don't have much doubt that it could be done.

But then that's the catch. This issue that all who deal with immigration , on behalf of our loved ones go through, know it is an issue unlike many others. There is a lot of emotional strain involved. Being separated from the people you love, is a very difficult thing to deal with.

And....there is that one small iota of fear, that maybe...just maybe....something could go wrong again.

And it's just that fear, whether rational or not, because the odds of such a thing happening again, where my files get screwed up again, are probably remote,....... that stay with me each day. This has just been a too difficult and frustrating experience , and whether necessary or not, when it comes to my wife......I just can't take the chance that something could go wrong again.

So, I am planning on either hiring the lawyer I consulted with or another, and putting it in their hands. I just can't take the chance that there could be another glitch

My biggest worry is that I could still be sitting here at the same time next year , after 2 years apart from the person who means so much to me in this world, and still not seeing any end in sight. And that would just be too much for both of us to take.

Thanks for all the "helpful" posts, and attempts to offer me advice on this, and also for the well wishes.