My lawyer withdrew after uscis approval, now what

[Andy and Pui 16]

alexbrixie, just to clarify were there any big red flags in your petition that you got a lawyer like any previous arrests, domestic abuse, drugs, any previous overstay of the beneficiary in the US, any past previous failed k1 or cr1 visas by the beneficiary? Those are just some examples of red flags. Was your lawyer here is America or Thailand? As others have said if you have a pretty straight forward petition then you should be good.

[Ning 619]

Of course they need evidence of a Bonafide marriage. USCIS they are approving your application. If the case got denied at the Embassy what is their to affirm if there's no proof to back it up.

People really mess themselves up not sending proof because first, you give nothing to the CO to review before interview to prepare or help them render a decision.

And secondly you are assuming you are even given a chance to present evidence to the embassy.

Too many Beneficiaries have been denied and turned away with evidence in hand that was never looked at.

Sure not every person has to front-load their application. But the instructions for the I-130 clearly states to include evidence of a Bonafide marriage. A marriage certificate is not that.

There is something very strange about the OPs story. In our case we only sent in the marrige cert and had no problems in that regard. During our AOS meeting USCIS did ask for further documents that showed a bonafied marrige.

[Karee 4,190]

There is something very strange about the OPs story. In our case we only sent in the marrige cert and had no problems in that regard. During our AOS meeting USCIS did ask for further documents that showed a bonafied marrige.

Yeah Nigeria aint Thailand. I've never heard of someone needing to front load a petition for Thailand. Plus he got NOA2 anyway, so the petition is approved. His wife will have the opportunity to submit all the relationship stuff at the interview.

[Karee 4,190]

People need to understand that the I-130 is used for multiple things. It's also used for people to adjust status here in the U.S. from tourist visas, work visas etc. In those scenarios, then yes you need to send all kinds of relationship evidence. Joint lease, Joint bills, co-mingling of finances etc. There is no interview at a foreign embassy in those situations. In the OPs scenario, no green card is issued due to an approved I-130 and there is no I-485 involved.

I have no idea why someone from USCIS would approve an I-130 petition and then make a phone call stating more relationship evidence is required, when they are turning around and sending it to DOS (NVC) Once the I-130 is approved, it is out of the hands of USCIS in the OPs scenario. It's very odd.

[bigdog 376]

File a state bar complaint, for what he did wrong and overcharging. Gather what proof you have, all you can and get it filed, sounds like you had very bad advice. Read the VJ guides, USCIS and see the WIKI information. Good Luck.

[Deep2009 18]

Holly Molly.... that is lot of money for I130 for IR1/CR1 to a attorney.

My dear, you can do it by yourself.... Please follow other posts and do the reading...

Spend the money on you or give it to charity.

[pushbrk 12,892]

Careful folks. The OP has given no information about their own capabilities or aptitudes. So, you haven't a clue whether they are capable of proceeding on their own. Why not point them to the information they need and let them determine for themselves, how their capabilities measure up?

[speedwell 224]

Careful folks. The OP has given no information about their own capabilities or aptitudes. So, you haven't a clue whether they are capable of proceeding on their own. Why not point them to the information they need and let them determine for themselves, how their capabilities measure up?

That's an excellent and fair point, pushbrk. I think it's also fair to point out that we never really do know much about any new poster's ability to understand even the advice we give them in a simple advisory posting. We don't (we can't) represent ourselves as legal advisers or immigration consultants or even experts; we're just people who have been through the process or have studied it and become familiar with it through our own interests and reading.

I personally try to pitch my posts to a reasonably English-literate, slightly-above-average-intelligence individual, that is to say a typical netizen. When we are telling the OP that they can do it, we're saying that someone of average literacy, reading comprehension, and ability to follow instructions should be able to handle it, and we're also giving them some moral support and encouragement. We don't have any reason at this point to believe that they are less capable than average.

[pushbrk 12,892]

That's an excellent and fair point, pushbrk. I think it's also fair to point out that we never really do know much about any new poster's ability to understand even the advice we give them in a simple advisory posting. We don't (we can't) represent ourselves as legal advisers or immigration consultants or even experts; we're just people who have been through the process or have studied it and become familiar with it through our own interests and reading.

I personally try to pitch my posts to a reasonably English-literate, slightly-above-average-intelligence individual, that is to say a typical netizen. When we are telling the OP that they can do it, we're saying that someone of average literacy, reading comprehension, and ability to follow instructions should be able to handle it, and we're also giving them some moral support and encouragement. We don't have any reason at this point to believe that they are less capable than average.

That's a fair point but I would say that to be confident managing this process, yourself you need above average skills in all the areas you mentioned PLUS the motivation to do the needed extensive study to do so. I "can" fix most things on my car but I don't want to. I have better things to do with my time and would prefer to hire somebody to do it. Where I live, most of my neighbors hire somebody to do their yard work, not because they are rich but because it's cheap. However, I actually like doing the work, so I do it for myself. To each his own.

What worries me is that all this blind (ignorant of capabilities, aptitudes and attitudes) encouragement to do it yourself OFTEN leads people to great disappointment because they got guilted into trying to do something for themselves for which they were either ill equipped to do or simply unwilling to expend the needed effort to do correctly.

I don't think anybody intends to do this but that doesn't do away with the law of unintended consequences.

Edited February 12, 2013 by pushbrk

[bestofboston 36]

Charging $7,000 for an attorney to obtain a CR1 visa should be criminal. That is why so many people feel that lawyers are a bunch of protected criminals. Be sure to file a complaint with the attorney general in your state. Tell the lawyer that if he does not give you the money back, you will file a formal complaint with the attorney general.

You still have to do all of the work when filing for a CR1 visa. The attorney fills out a form based on the info provided and attaches the documents required and submits it to the USCIS and NVC.

[Karee 4,190]

Charging $7,000 for an attorney to obtain a CR1 visa should be criminal. That is why so many people feel that lawyers are a bunch of protected criminals. Be sure to file a complaint with the attorney general in your state. Tell the lawyer that if he does not give you the money back, you will file a formal complaint with the attorney general.

I went down this road. There's really not much you can do. About the only thing that can be done, seems to be fling something with the Better Business Bureau.

If the lawyer refuses to give you any of your paperwork back, then that is another story.

I'd chalk it up to an expensive lesson, and also a warning to others here on VJ.

Edited February 12, 2013 by Karee

[Deep2009 18]

You guys are correct... We went through it and we think all can do it...

I was blown apart with dollar amount... I apologize if I was harsh.

[Hilario 13]

Alex don't sweat it man you can do it, my advice if you don't have one and have the funds(the prices are not bad) go to walmart and get a decent wireless printer that scans prints and prints decent pictures, it is a life saver!! I am going through the process right now for my wife and son, just got my I-130 out yesterday pumped full of receipts,pics,iteneraries,certificates,chat logs and of course the forms...like I said the printer is a stress remover.

[fcat 79]

The guy(lawyer) should be named and shamed here to alert other VJ members!

[StephAnn2012 50]

$7,000 - I am so sorry to hear that - For the record, it depends upon how you paid your attorney. If it was a $7k retainer, then he can only bill you against the time he documented on your case on a per hour basis.

The old joke is that a lawyer died and went to heaven - (that's not the punchline) - at the Pearly Gates, the Angels said - "Welcome to heaven Mr. Smith - You've had 94 wonderful years on earth - welcome home." -- The attorney said - "wooh now hold on a minute - you said I had 94 wonderful years on earth - I feel cheated, I'm on 43 - The Angel said "Well Mr. Smith, we've got your billable hours hours here and according to those numbers, you are 94!"

Anyway - get a final invoice from your lawyer and see what you paid for that you didn't get.