I believe that I have messed up on I-129F.....HELP PLEASE!!!

[melissa-n-alfredo 10]

Ok, here is the situation.....When I consulted with attorney (consultation only), I asked if I should list my fiance's daughter on the application. He asked me if we intended to later file a K2 for her visa in the future, and we said no. She is over 21, married, and has a son herself. And she told us that she has no urge to immigrate to US, and being she would not qualify anyways for a K2 then we never thought any more about it.

Now here is the dilemma: after attorney discovered that she did not qualify and had no urge of immigrating at any time, he told us that we should not list his daughter's name on the I-129F form. He said that we only list that information, IF she wanted to have right of submitting a visa application on her own, at a later date and use my fiance's status to benefit. So, with that advice, we followed his instruction. Knowing that on the application it asks if fiance has children, but does not specifically say "name(s)your child/children who may want to immigrate, under fiance's petition".

The petition is in very early process, filed Nov. 20th. I have received NOA1, but as most of you know, it is now pretty much sitting on a shelf waiting to be reviewed. I know that I will be receiving an RFE once it is reviewed, because attorney also told me that I needed to fill out form 325G instead of the 325A, on the behalf of my fiance and then the 325A form on myself. I have since learned that was also wrong information and I am so glad that I did not hire this attorney. We are already off to a bad start, because of his advice. But with a RFE, atleast we will have the chance to correct the mistake of 325A form, unless for some reason it slips thru unnoticed (which I doubt).

My question to you is, how should I go about correcting the information on not listing his only daughter on application even though we will not be seeking any benefits on her behalf? Should I call Vermont, explain the situation, before my file is reviewed? Should I wait for an RFE and then at that time, submit a statement explaining the omission of his daughter's information? Or do I continue letting the application being processed, as is, without saying anything further? I'm lost on this. I just hope this will not cause any "red flags" to our petition, and possibly be denied for misrepresentation (that may also cause him a lifetime ban) over such advice that we took from this lawyer. Please let me know what are your thoughts on this.

[melissa-n-alfredo 10]

CORRECTION: The form I was supposed to send for both of us was G-325A. But during my consultation with attorney, he gave me form G-325C (for my fiance) and then the correct G-325A for myself. So, I'm sure that I am getting a RFE, once it is reviewed. But that is the least of my concerns right now. I am more concerned on what I should about the situation of not listing his only daughter, who does not want K2 nor does she qualify. Then regretfully, wasn't listed on application due to consultation and advice from the attorney I consulted with, but thankfully did not hire. Please help me with this, being I am in very early stages of this process.

[melissa-n-alfredo 10]

I have been all over the internet and USCIS laws, and everything that I have found, seem to point that the lawyer was in fact telling me the truth. What I have read, states that only children under 21 should be listed on application. But I would still like to hear some of your input, on this subject, as well. What do you think about this???

[Penguin_ie 5,997]

All children need to be listed on that form. Later, for the affidavit of support, you only need to list those that are minors or you still list on tax returns.

Not sure how to fix this- since your fiancee sent G-325C, you may get an RFE for the correct form anyway and can add the daughter then. If not, I would send a corrected form next time you send in documents.

[baron555 934]

All children need to be listed on that form. Later, for the affidavit of support, you only need to list those that are minors or you still list on tax returns.

Not sure how to fix this- since your fiancee sent G-325C, you may get an RFE for the correct form anyway and can add the daughter then. If not, I would send a corrected form next time you send in documents.

Yep it clearly states to list all children, no mention of age or immigration intent. Have a corrected form ready, definitely bring to the interview.

Have the lawyer give you a credit!!

[Pitaya 2,577]

Yep it clearly states to list all children, no mention of age or immigration intent. Have a corrected form ready, definitely bring to the interview.

Have the lawyer give you a credit!!

Good idea, but good luck with that!

[melissa-n-alfredo 10]

Ok, do they send the entire I-129F packet back to me, if and when I receive the RFE??? Or do they only send the notice of what is further needed? Again, I am sure that I will be getting one, since lawyer had me to fill out G-325C for fiance instead of the G-325A. I did send the correct form for myself. If I were to change the application and send in a corrected one, after adding his daughter, should I send in an explanation of what has been done and why she was left off of the original application? Or do I just send back a fresh I-129F back with the RFE evidence and never send any kind of explanation?

And I doubt very seriously this lawyer will give me any kind of credit, with wrong information that he provided as well as the wrong form. This only proved to me, that I took the best route of not hiring him for the entire process. I am only money in his bank account, but this is my life, so I can not afford any more mistakes.

Thank all of you, for your opinions and advice It is comforting to have support, during this process.