More lawyer questions...

[MPGGPM 0]

I and my wife have some questions that hopefully can be answered here. I have since my last post, contacted a few lawyers by phone. I have learned a thing or two, but have not yet made a decision whether to hire one. There reason being is this. I still feel (other than for the fact that my last set of documents, I-130, etc....seemed to have fallen into a "black hole", as it has been said).....than the case in regards to my wife and I is still pretty "cut and dry", and not that complex. She DOES have a J-1 visa, and has been away for a year doing her 2 year residency, but other than for that fact, once she's served her time , this will go like most other cases. In other words, it's not as though she was deported, has anything in her background that might be cause for concern etc...

She has come and gone to this country for over 10 years while studying, and the last trip (which was made in September) was one to visit me and not on the same student visa. In each case, she has abided by the laws and never overstayed or abused her visa.

So, there is nothing unusual about our case.

The few lawyers that have actually taken the time to speak to me by phone have told me that what they would do, is file another I-130 now......................and hopefully that would process in time to be ready by next year, when my wife's two years are up. (I also noticed another post on this board with someone else who had a wife in a similar situation...J-1 etc...and had filed the I-130 for her.....hopefully it went well).

Then the lawyers told me that they would continue with the "consular" processing, etc.....

My questions are based on things I have learned in the past week or so.

I want to know just WHAT do lawyers do?

Let's say, I decide to use one...........and they file an I-130 for me. Then........................what else exactly would I get for the money I pay?

If someone has used one before.....

1) Do they keep in contact with you once you pay them their fee?

2) What is the difference between THEM filing an I-130.....................as opposed to my wife and I filing one? (Is all that I am purchasing, is someone to "fill out " the forms for me?)

3) Does having a lawyer file an I-130 make a difference....for example does it go to the same place....take the same abmount of time? Do they get processed by the exactly the same people who would process it, had we filed it ourselves?

4) Do lawyers have connections and contacts that other people do not? (Do they have to call the 1-800 number......heaven forbid ........since I have had such an awful experience in getting anything done when I call that number) If there is a mistake made, what can they do other than what I could do?

I am asking these questions, because obviously, there is a limit to how much info you can get from a lawyer over a phone. They need to make a buck like anyone else, and have a busy schedule, so I understand that....and don't expect them to stay on the phone all day with me while I ask them a hundred questions.

What I did get was these offers...

1) One lawyer offered to send THREE follow up "inquiries" for a fee of $1,500......to try and get the I-130 I have already sent in (as discussed in my other post)......sent to the Texas service center, and on to Ankara.

One a side note......another question. Just what is an "inquiry"? In my mind, I am kind of picturing just a piece of paper....most likely with the lawyers name and stamp on it...........asking for something.....formally, and in writing. (I sure hope there's more, because I hardly feel it would be worth the $1500 bucks if that's all it is)

2) The same lawyer also said we could restart the process again.........meaning file ANOTHER I-130. He would charge $2500 for this....(which is one reason why I am trying to find out if what he would do, or another lawyer...is worth $2500.....and if all they would do is fill out the paperwork?)

3) Another lawyer, charged less....$1000 for the I-130 fee. Whe asked, (The secretary relayed my questions to her ).........about what "else" I would get for my $1,000.......I was told what I would get is help with the filing, so that there would be no errors, and no more delays.

When asked about the other $1000 I'd have to pay next year, for the consular processing, I was told that what it would get me besides the filing help, was that they would "advise" my wife what to say when she has her interview at the embassy. They would tell her how to answer the questions she'd be asked etc.......

(I also don't feel that particular offer is worth much, since it's not as though we need to be advised, as if we're trying to hide anything. My wife and I have been married for nearly 2 years, and will be starting our third in one month. In fact, I think if my wife looked "coached"....it could possible have an opposite effect, and it might be better for her to just answer them "naturally".....and not look "prepared".)

I have not formally consulted with any of them. This is just stuff I have learned over the phone. Obviously, I am trying to "pry" as much information from them as possible, because the possibilty is getting stronger each day that we may just file and process everything ourselves and so am trying to get all the free information that I can

Maybe, in person, I might learn more, and they may tell me other things that make it seem worth the 1000 to 2500 .......however, the diffciculty, is that each one wants $200-$300 JUST to meet with them in person. I find that a bit frustrating, and it kind of "ties our hands", because obviosuly if I pay someone $200 -$300 ......I might as well stay with them, and I am sure that is what they want. I mean....how many people can afford to "consult" with several different lawyers if they each ask for $200- $300 a piece? By the time I met with just 4-5 of them, I'd almost have paid for the entire process already, had we filed ourselves.

I understand they need to charge a fee.....I am not naive enough to not realize that if lawyers didn't ask for one, they'd spend all day giving out "free advice" to people calling them all day.

It isn't necessarily that they ask for a fee...but how MUCH they ask for. It makes it hard for a person to make an informed decison, if they have to pay so much just to meet in person and learn if the lawyer is the right one for the job or not.

I am nervous about mistakes, because I have already had a hard time trying to fix the former mistake made. It has been near impossible. My wife is braver than I am now......and it's actually her who seems to lean more towards doing it ourselves just as many others have on this board.

I know there is a guide for this at the top of this forum. I also know I can ask questions to this forum if needed.

I am just trying to do the right and best thing for my wife.

That being said, if I learn that all a lawyer will do is "fill out" our forms, then I have to rethink hiring one.

I wish it was easier to find out this kind of information, but I have not been able to locate anything yet on the web...that really gives a clear picture of what an immigration lawyer does if a case is not out of the ordinary.

It would REALLY help if someone had actually used one, and could give a idea of what they got for the money, besides what I have heard so far, which doesn't sound so appealing or as useful as I once thought...(ie.....filling out the papers.....offering advice on what to say at the "embassy interview etc...".....)

Is there anything more you got for your money, that made it worth the price?

Thanks

P.S....I still have the INFOPASS appt on Monday. I don't have much hope for it, based on what the last 7 months has brung me........but I still have some SMALL hope nonetheless...

I will try to see if they can recover my lost I-130 I filed previously, from wherever out there in the universe it may be. I just think at this point, based on my experiences so far, that it's near hopeless to try and recover that one....and that's it's gone to "I-130 heaven" ....(or maybe that other place that the "bad" , misbehaving I-130's go to )...................and I'll never hear from or about it again. But I will still try.

[Debbie and Abdol 0]

I'm glad someone started this thread. I'm sure there have been others, but it's always nice to refresh.

I called about 5 lawyers prior to starting my process. Some gave good info, some said nothing, and one (the one I chose) sent a detailed packet explaining how to proceed. She was also the one who informed of the K3. For $1750 she fills out and reviews all paperwork, answers questions (either in person or by e-mail) and advises on what to do/say during the interview. She will charge more should we have to go through extra proceedings ( a waver, say), which I don't think will happen.

So here are my advantages and disadvantages:

Disadvantages

1) Lawyers aren't gods...they often have lots of clients and are slow.

2) With my lawyer, it sometimes takes days (and one time over a week) to get back to me

3) Hiring a lawyer isn't a foulproof way to avoid mistakes. My lawyer misfiled my K3 petition. This was because she didn't research the current address before filing. She also doesn't seem to be that up to date on things like security checks--I've learned more from this website then from her.

4) Another problem is that I'm abroad with my husband and must do everything via email and some faxing. I think it would be better if I was there in person to check over documents instead of having them sent back and forth 10 times.

You might be wondering what the advantages are...

1) I haven't had any RFEs, etc.

2) She does have the insider's scoop on procedures and lawyers can sometimes bypass lines, etc.

3) I do have a greater sense of security using her

4) She's there to answer questions relevant to our own, unique case.

I didn't directly answer your questions but I hope this helps...good luck!

[Yodrak 7]

MPGGPM,

There's nothing unusual about your case that you're aware of. You may be wrong. And even if you're correct at this point in time, the "black hole" that took your last attempt may be waiting for you again.

1) Meet in person and work out, in detail, what the attorney will do for you. Including communication since that seems to be important to you. Tell the attorney your expectations. And get all of your concerns addressed in writing in the retainer agreement.

2) A set of professional, experienced eyes to look the submission over to try to minimize things that experience has shown can cause a problem and maximize things that experience has shown lead to success.

3) Same.

4) Yes. What they could do better than you in the event of a mistake would likely depend to a great extent on what the mistake is.

You've talked to three attornies, or their office staff, on the phone - select the one who made you feel the most comfortable in dealing with them to have a consultation. If none of the 3 made you feel sufficiently comfortable, continue conducting phone interviews until you find one who does. Then, after your hundred questions have been asked and answered, decide if you want to go forward with retaining an attorney to work for you on your case.

Yodral

... I still feel (other than for the fact that my last set of documents, I-130, etc....seemed to have fallen into a "black hole", as it has been said).....than the case in regards to my wife and I is still pretty "cut and dry", and not that complex. ....

So, there is nothing unusual about our case.

...

I want to know just WHAT do lawyers do?

...

1) Do they keep in contact with you once you pay them their fee?

2) What is the difference between THEM filing an I-130.....................as opposed to my wife and I filing one? (Is all that I am purchasing, is someone to "fill out " the forms for me?)

3) Does having a lawyer file an I-130 make a difference....for example does it go to the same place....take the same abmount of time? Do they get processed by the exactly the same people who would process it, had we filed it ourselves?

4) Do lawyers have connections and contacts that other people do not? ... If there is a mistake made, what can they do other than what I could do?

I am asking these questions, because obviously, there is a limit to how much info you can get from a lawyer over a phone. They need to make a buck like anyone else, and have a busy schedule, so I understand that....and don't expect them to stay on the phone all day with me while I ask them a hundred questions.

...

Maybe, in person, I might learn more, and they may tell me other things that make it seem worth the 1000 to 2500 .......however, the diffciculty, is that each one wants $200-$300 JUST to meet with them in person. I find that a bit frustrating, and it kind of "ties our hands", because obviosuly if I pay someone $200 -$300 ......I might as well stay with them, and I am sure that is what they want. I mean....how many people can afford to "consult" with several different lawyers if they each ask for $200- $300 a piece? By the time I met with just 4-5 of them, I'd almost have paid for the entire process already, had we filed ourselves.

I understand they need to charge a fee.....I am not naive enough to not realize that if lawyers didn't ask for one, they'd spend all day giving out "free advice" to people calling them all day.

....

Edited March 9, 2006 by Yodrak

[lquin 0]

From the USCIS website

http://uscis.gov/graphics/citizenship/M-618.pdf

[meddykomp 0]

Those prices seem a bit high. We paid $170 for help with the I-130 and $140 for the I-129F. The benefit that I saw was that at the time we started this process K-3 applications were taking longer than the I-130 so she told us that we probably would not be filing for K-3. By the time we got the NOA1 however that had changed. She let us know that K-3 could get us together sooner, though it still would be a gamble and let us decide whether we wanted to spend the money on it and there was never any pressure. Do not expect that by getting professional help that you will avoid all glitches. We still had RFEs for both of the petitions, albeit it was probably the same RFE. I say probably because I never saw the RFE for the I-130. It was simply taken care of for me as part of that $140, which means that I must have supplied the correct document at some time. That document happens to have a Swedish name and she could only count on us to give her the right things. Since we assured her that what we were giving her was what was required, it was our own fault we got the RFE. It might be beneficial to pay the consultation fee to find out just what you are getting for your money.

[mntk 0]

Hey!!!! We got approved Tuesday and she got her Visa TODAY!!!! She still had 5 months to go, but they gave it to her!!!! WE are SOOOOO HAPPY!!!!

What country is your Wife in BTW????

We too, talked to 3 Immigration Lawyers, but we ended up doing it all ourselves. It's a bit "stressful" but definately not worth the 5-6 grand the lawyers wanted. I KNOW it can be done yourself because WE did it!!!! We believe that the emails to our State Representative and our Senators offices HELPED IMMENSELY!!! I would definately write to them...I also ran into that type of "black hole" and got all of my friends and relatives to write to "their" representatives too... and lo and behold if things didn't get moving!!! Try THAT route!!!

You can email me personally too, if I can be of any help....GOOD LUCK!!! We'll keep our fingers crossed for you...

[MPGGPM 0]

Hey!!!! We got approved Tuesday and she got her Visa TODAY!!!! She still had 5 months to go, but they gave it to her!!!! WE are SOOOOO HAPPY!!!!

What country is your Wife in BTW????

We too, talked to 3 Immigration Lawyers, but we ended up doing it all ourselves. It's a bit "stressful" but definately not worth the 5-6 grand the lawyers wanted. I KNOW it can be done yourself because WE did it!!!! We believe that the emails to our State Representative and our Senators offices HELPED IMMENSELY!!! I would definately write to them...I also ran into that type of "black hole" and got all of my friends and relatives to write to "their" representatives too... and lo and behold if things didn't get moving!!! Try THAT route!!!

You can email me personally too, if I can be of any help....GOOD LUCK!!! We'll keep our fingers crossed for you...

That's great news...for you. I am happy for you and your wife. To be honest, for the past few days, I have been waiting for your "follow up". When I saw nothing on your case for a few days, I started to fear the worst. I am glad now, that instead...what happened was the opposite. I gives me a LOT of hope for my own case.

My wife has only completed a year. During that time, she has visited me once, and will be coming again soon to visit. Unfortunately, the J-1 rules will take that time from her....and that time will be added.

I am from Florida. The senatorial offices I have contacted have "tried" to help, but they really have been ineffective. I have contacted both of the senatorial offices...democrat and republican ....and contacting either of them has not done much. And believe me......I am about the most persistant, determined person you will meet. Nothing is more important to me than my wife's well being. But I seem to have gotten no where in this past year.

My wife is from Turkey. She lives in Istanbul (a city I have grown to love.and become quite fond of..and admire much of the history and architecture behind it.) I have contacted the embassy in Ankara...the consulate in istanbul.....etc...

I have not gotten anywhere.

The paperwork I have sent in already, appears to be processing as though my wife is STILL in the US. From my last conversation with the US senate office where I live, the 2 applications I asked to be withdrawn....never were. Uscis ignored my request. That includes the attempt to do the same from the senatorial office I contacted, who tried to do the same. They ignored them as well. I do not know why.

I have been told the I-485...I-765...AND I-130 are processing and will be sent to the district office which serves my city, next year. My request to have the I-130 sent to Texas, and subsequesntly overseas, no matter what I have done, has not happened.

Obviously, with my wife overseas...much as your wife was (about the same distance and cost for airfare, I'd imagine as a trip to Moscow)....then those files will do us no good.

If I have seeked the help of a lawyer, it is NOT because I don't feel we can file everything again ourselves. If anything, the fact that we believed and relied on someone else...was our undoing. By placing so much faith in the paralegal......we didn't spend the time and effort to overlook everything ourselves.

On top of that, it has only been since then, that I have learned of just how difficult it is to deal with USCIS. I have NEVER dealt with a more unorganized, cumbersome, and non-communicative agency. I only wished I knew then, what I have learned in the past year now.

If I am looking for a law

yer, it is only in frustration. This whole process is so difficult and unfair. I am US citizen. I married this woman because she was a remarkable and special woman. I have never been married, nor her. We meet by fortune and chance. In this country... a "supposed" free country, you would think we'd be able to be together and begin and share our lives together. But instead, I have found that the US laws do not necessarily mean I am free as they claim. Not only can I not live with my wife, I ,on top of that have to fear her denial each time she comes just to "visit" me.

This whole process just seems "UN-American" to me. I undertsand that the US must safeguard themselves. 9-11 proved that unfortunately. By my wife is no threat..........she is just my wife and nothing more. And I as an American, should be able to live and be with her, just as any other US citizen who gets married is allowed to be. (that is...of course...if they BOTH happen to be US citizens)

This process is long, frustrating, unfair............and my wife and I are dealing with it the best we can. We are both 2 very strong people, who don't give up easily. Still.....this process could get the better of anyone. There are SO many things about it that are unfair. And I feel we are just paying the price for so many other people before us, and even today, who have abused that process before (IE...marrying for a green card).....that we all now suffer immensly because of it.

Even today, US businesses give too much incentive for people to illegally immigrate. And us "honest" people who try to do things right........have to sit idly by........and pay the price for so much hypocrisy.

I am glad you are going to be with your wife. I saw your picture, and you both make a nice couple.

I only hope some day soon, my wife and I will be just as fortunate.

Good luck and happiness to you both.

[mntk 0]

Hey!!!! We got approved Tuesday and she got her Visa TODAY!!!! She still had 5 months to go, but they gave it to her!!!! WE are SOOOOO HAPPY!!!!

What country is your Wife in BTW????

We too, talked to 3 Immigration Lawyers, but we ended up doing it all ourselves. It's a bit "stressful" but definately not worth the 5-6 grand the lawyers wanted. I KNOW it can be done yourself because WE did it!!!! We believe that the emails to our State Representative and our Senators offices HELPED IMMENSELY!!! I would definately write to them...I also ran into that type of "black hole" and got all of my friends and relatives to write to "their" representatives too... and lo and behold if things didn't get moving!!! Try THAT route!!!

You can email me personally too, if I can be of any help....GOOD LUCK!!! We'll keep our fingers crossed for you...

That's great news...for you. I am happy for you and your wife. To be honest, for the past few days, I have been waiting for your "follow up". When I saw nothing on your case for a few days, I started to fear the worst. I am glad now, that instead...what happened was the opposite. I gives me a LOT of hope for my own case.

My wife has only completed a year. During that time, she has visited me once, and will be coming again soon to visit. Unfortunately, the J-1 rules will take that time from her....and that time will be added.

I am from Florida. The senatorial offices I have contacted have "tried" to help, but they really have been ineffective. I have contacted both of the senatorial offices...democrat and republican ....and contacting either of them has not done much. And believe me......I am about the most persistant, determined person you will meet. Nothing is more important to me than my wife's well being. But I seem to have gotten no where in this past year.

My wife is from Turkey. She lives in Istanbul (a city I have grown to love.and become quite fond of..and admire much of the history and architecture behind it.) I have contacted the embassy in Ankara...the consulate in istanbul.....etc...

I have not gotten anywhere.

The paperwork I have sent in already, appears to be processing as though my wife is STILL in the US. From my last conversation with the US senate office where I live, the 2 applications I asked to be withdrawn....never were. Uscis ignored my request. That includes the attempt to do the same from the senatorial office I contacted, who tried to do the same. They ignored them as well. I do not know why.

I have been told the I-485...I-765...AND I-130 are processing and will be sent to the district office which serves my city, next year. My request to have the I-130 sent to Texas, and subsequesntly overseas, no matter what I have done, has not happened.

Obviously, with my wife overseas...much as your wife was (about the same distance and cost for airfare, I'd imagine as a trip to Moscow)....then those files will do us no good.

If I have seeked the help of a lawyer, it is NOT because I don't feel we can file everything again ourselves. If anything, the fact that we believed and relied on someone else...was our undoing. By placing so much faith in the paralegal......we didn't spend the time and effort to overlook everything ourselves.

On top of that, it has only been since then, that I have learned of just how difficult it is to deal with USCIS. I have NEVER dealt with a more unorganized, cumbersome, and non-communicative agency. I only wished I knew then, what I have learned in the past year now.

If I am looking for a law

yer, it is only in frustration. This whole process is so difficult and unfair. I am US citizen. I married this woman because she was a remarkable and special woman. I have never been married, nor her. We meet by fortune and chance. In this country... a "supposed" free country, you would think we'd be able to be together and begin and share our lives together. But instead, I have found that the US laws do not necessarily mean I am free as they claim. Not only can I not live with my wife, I ,on top of that have to fear her denial each time she comes just to "visit" me.

This whole process just seems "UN-American" to me. I undertsand that the US must safeguard themselves. 9-11 proved that unfortunately. By my wife is no threat..........she is just my wife and nothing more. And I as an American, should be able to live and be with her, just as any other US citizen who gets married is allowed to be. (that is...of course...if they BOTH happen to be US citizens)

This process is long, frustrating, unfair............and my wife and I are dealing with it the best we can. We are both 2 very strong people, who don't give up easily. Still.....this process could get the better of anyone. There are SO many things about it that are unfair. And I feel we are just paying the price for so many other people before us, and even today, who have abused that process before (IE...marrying for a green card).....that we all now suffer immensly because of it.

Even today, US businesses give too much incentive for people to illegally immigrate. And us "honest" people who try to do things right........have to sit idly by........and pay the price for so much hypocrisy.

I am glad you are going to be with your wife. I saw your picture, and you both make a nice couple.

I only hope some day soon, my wife and I will be just as fortunate.

Good luck and happiness to you both.

MPGGPM.... Man, (to quote Bill Clinton)..."I FEEL YOUR PAIN!!!!!" Your situation is SO similar to ours I can't believe it, But brother, don't give up!!!! I know EXACTLY how you feel about this STUPID J-1 rule...(keep in mind it is just a "rule" NOT a "law")(it DOES have "exceptions")(read it "carefully")Keep on your Senators ###, they CAN do something...it IS stupid and unfair the way they treat us U.S. citizens... especially when there are 2,000 illegal Mexicans in my town, and I have YET to see anyone "bust" them... and here WE are, trying to be "legal" and WE have to pay the price!!!! But I won't go on about THAT....

Again, the only reason I didn't want to "post" anything, was, I am a bit "superstitious"... I do believe in "fate" and "karma"... but thats not here or there..... I also PRAYED a LOT!!!! (it CANT hurt)(not that I am "religous" either...I'm a "biker"... but God loves "US" too) OK, enough "philosophy"....

I don't know what you entire story is...I gather you made a "mistake" somewhere, and a call to USCIS should have handled that, everyone there that I talked to was quite friendly and helpful, but again, I don't know your whole story........

I visited my Wife once, and she visited me twice, which "technically" they should have "added" on to her 2 year requirement, but again, they didn't (thank God)

Man, I wish I could be of more help..........Try enlisting your friends and family to write to their Senators and representatives.. even and especially from different states.. the more the merrier, HUH???

Actually when I went to Moscow the airfare was really quite cheap, even the passport and visa and the whole round-trip was around a grand.. Of course I went at the end of February and first week of March last year(DAMN it's COLD!!!!) (and fuel has went up a lot since then)(then got caught in a snow storm on the east coast and took 3 days to get home)(what fun)(but it was worth it)

Bro, If I can be of some help.. I WILL!!!! Best of Luck!!!!!

[MPGGPM 0]

Hey!!!! We got approved Tuesday and she got her Visa TODAY!!!! She still had 5 months to go, but they gave it to her!!!! WE are SOOOOO HAPPY!!!!

What country is your Wife in BTW????

We too, talked to 3 Immigration Lawyers, but we ended up doing it all ourselves. It's a bit "stressful" but definately not worth the 5-6 grand the lawyers wanted. I KNOW it can be done yourself because WE did it!!!! We believe that the emails to our State Representative and our Senators offices HELPED IMMENSELY!!! I would definately write to them...I also ran into that type of "black hole" and got all of my friends and relatives to write to "their" representatives too... and lo and behold if things didn't get moving!!! Try THAT route!!!

You can email me personally too, if I can be of any help....GOOD LUCK!!! We'll keep our fingers crossed for you...

That's great news...for you. I am happy for you and your wife. To be honest, for the past few days, I have been waiting for your "follow up". When I saw nothing on your case for a few days, I started to fear the worst. I am glad now, that instead...what happened was the opposite. I gives me a LOT of hope for my own case.

My wife has only completed a year. During that time, she has visited me once, and will be coming again soon to visit. Unfortunately, the J-1 rules will take that time from her....and that time will be added.

I am from Florida. The senatorial offices I have contacted have "tried" to help, but they really have been ineffective. I have contacted both of the senatorial offices...democrat and republican ....and contacting either of them has not done much. And believe me......I am about the most persistant, determined person you will meet. Nothing is more important to me than my wife's well being. But I seem to have gotten no where in this past year.

My wife is from Turkey. She lives in Istanbul (a city I have grown to love.and become quite fond of..and admire much of the history and architecture behind it.) I have contacted the embassy in Ankara...the consulate in istanbul.....etc...

I have not gotten anywhere.

The paperwork I have sent in already, appears to be processing as though my wife is STILL in the US. From my last conversation with the US senate office where I live, the 2 applications I asked to be withdrawn....never were. Uscis ignored my request. That includes the attempt to do the same from the senatorial office I contacted, who tried to do the same. They ignored them as well. I do not know why.

I have been told the I-485...I-765...AND I-130 are processing and will be sent to the district office which serves my city, next year. My request to have the I-130 sent to Texas, and subsequesntly overseas, no matter what I have done, has not happened.

Obviously, with my wife overseas...much as your wife was (about the same distance and cost for airfare, I'd imagine as a trip to Moscow)....then those files will do us no good.

If I have seeked the help of a lawyer, it is NOT because I don't feel we can file everything again ourselves. If anything, the fact that we believed and relied on someone else...was our undoing. By placing so much faith in the paralegal......we didn't spend the time and effort to overlook everything ourselves.

On top of that, it has only been since then, that I have learned of just how difficult it is to deal with USCIS. I have NEVER dealt with a more unorganized, cumbersome, and non-communicative agency. I only wished I knew then, what I have learned in the past year now.

If I am looking for a law

yer, it is only in frustration. This whole process is so difficult and unfair. I am US citizen. I married this woman because she was a remarkable and special woman. I have never been married, nor her. We meet by fortune and chance. In this country... a "supposed" free country, you would think we'd be able to be together and begin and share our lives together. But instead, I have found that the US laws do not necessarily mean I am free as they claim. Not only can I not live with my wife, I ,on top of that have to fear her denial each time she comes just to "visit" me.

This whole process just seems "UN-American" to me. I undertsand that the US must safeguard themselves. 9-11 proved that unfortunately. By my wife is no threat..........she is just my wife and nothing more. And I as an American, should be able to live and be with her, just as any other US citizen who gets married is allowed to be. (that is...of course...if they BOTH happen to be US citizens)

This process is long, frustrating, unfair............and my wife and I are dealing with it the best we can. We are both 2 very strong people, who don't give up easily. Still.....this process could get the better of anyone. There are SO many things about it that are unfair. And I feel we are just paying the price for so many other people before us, and even today, who have abused that process before (IE...marrying for a green card).....that we all now suffer immensly because of it.

Even today, US businesses give too much incentive for people to illegally immigrate. And us "honest" people who try to do things right........have to sit idly by........and pay the price for so much hypocrisy.

I am glad you are going to be with your wife. I saw your picture, and you both make a nice couple.

I only hope some day soon, my wife and I will be just as fortunate.

Good luck and happiness to you both.

MPGGPM.... Man, (to quote Bill Clinton)..."I FEEL YOUR PAIN!!!!!" Your situation is SO similar to ours I can't believe it, But brother, don't give up!!!! I know EXACTLY how you feel about this STUPID J-1 rule...(keep in mind it is just a "rule" NOT a "law")(it DOES have "exceptions")(read it "carefully")Keep on your Senators ###, they CAN do something...it IS stupid and unfair the way they treat us U.S. citizens... especially when there are 2,000 illegal Mexicans in my town, and I have YET to see anyone "bust" them... and here WE are, trying to be "legal" and WE have to pay the price!!!! But I won't go on about THAT....

Again, the only reason I didn't want to "post" anything, was, I am a bit "superstitious"... I do believe in "fate" and "karma"... but thats not here or there..... I also PRAYED a LOT!!!! (it CANT hurt)(not that I am "religous" either...I'm a "biker"... but God loves "US" too) OK, enough "philosophy"....

I don't know what you entire story is...I gather you made a "mistake" somewhere, and a call to USCIS should have handled that, everyone there that I talked to was quite friendly and helpful, but again, I don't know your whole story........

I visited my Wife once, and she visited me twice, which "technically" they should have "added" on to her 2 year requirement, but again, they didn't (thank God)

Man, I wish I could be of more help..........Try enlisting your friends and family to write to their Senators and representatives.. even and especially from different states.. the more the merrier, HUH???

Actually when I went to Moscow the airfare was really quite cheap, even the passport and visa and the whole round-trip was around a grand.. Of course I went at the end of February and first week of March last year(DAMN it's COLD!!!!) (and fuel has went up a lot since then)(then got caught in a snow storm on the east coast and took 3 days to get home)(what fun)(but it was worth it)

Bro, If I can be of some help.. I WILL!!!! Best of Luck!!!!!

I appreciate your help..(also..check your inbox)....and that of others. At the same time that I am happy for you and your wife, the success you've had contrasts with the frustration I've had in my own situation, and I'm a bit envious.

That "one grand " for the round trip is about right. We've tried to work things out so one way or the other, either her coming here or me going there, we're together as often as it is possible. It ain't cheap!

I can only hope whether we re-apply the I-130 ourselves, or get help from a lawyer , the next I-130 we intend to file, goes as smoothly as yours. I guess one bright spot...and there hasn't been much with this the past year......., is that we still have the time to try again, and rectify the earlier mistakes.

Your sitution....SO close to my own...in so many ways..........continues to give me hope, and I mentioned to my wife as I called her this morning, of your success and similarities.

Tommorrow, I have the INFOPASS appt........I will see what good , if any, the meeting brings.

[Alenushka 0]

You should meet with a particular lawyer in person and check all details about his/her role in your case.

Bearing in mind the fact that 2-years of home residence is not over yet, I would wait for few months and only after that apply with I-130. I believe you do not want to be denied due to these 2 years ) It would be harder to prove later why you were denied.

good luck

[MPGGPM 0]

MPGGPM,

There's nothing unusual about your case that you're aware of. You may be wrong. And even if you're correct at this point in time, the "black hole" that took your last attempt may be waiting for you again.

1) Meet in person and work out, in detail, what the attorney will do for you. Including communication since that seems to be important to you. Tell the attorney your expectations. And get all of your concerns addressed in writing in the retainer agreement.

2) A set of professional, experienced eyes to look the submission over to try to minimize things that experience has shown can cause a problem and maximize things that experience has shown lead to success.

3) Same.

4) Yes. What they could do better than you in the event of a mistake would likely depend to a great extent on what the mistake is.

You've talked to three attornies, or their office staff, on the phone - select the one who made you feel the most comfortable in dealing with them to have a consultation. If none of the 3 made you feel sufficiently comfortable, continue conducting phone interviews until you find one who does. Then, after your hundred questions have been asked and answered, decide if you want to go forward with retaining an attorney to work for you on your case.

Yodral

.

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*******

The "asking one hundred questions over the phone" sure sounded great, but what I've learned this past week or two is, it is quite rare to find that lawyer who is actually "willing" to come to the phone. 9 out of 10 of them, want their $200-$300 bucks before they will even "talk" to you, and are not willing to come to the phone.

It's very frustrating. I feel like I am playing "darts", and I can only hope the lawyer I choose, is the right one. Right now, I've set my mind on the one of the 3 lawyers who were willing to speak on the phone. She is the one who charges $1,000 for the I-130........with another $1,000 next year for the consular filing. I found her to be helpful, and approachable to questions on the phone. She was at least willing to speak to me and offer me a few tidbits of information, which was more than 90% of all other lawyer offices I have contacted were willing to do. In my mind, that extra that she was willing to do, made me feel more comfortable and hopeful that she would be just as communicable in the future, should we retain her and have more questions later.

I really don't know what that "black hole" could be. Just a few replies above this, you have a clear example of a j-1 wife, much the same and with VERY similar cirumstances to mine.........receiving her visa......and on top of that......receiving it 5 months ahead of time to boot! I am happy for him and his wife, but it also frustrates me that mine has not gone so easily.

I really don't understand why it's been so hard....

I have...

1) Sent in "registered" mail and "notarized" letters................I get no response from USCIS

2) I contact the senator's office, and they fax the very SAME request (I sent them a copy) to someone from USCIS they are in contact with...........................I get no response from USCIS

3) I call numerous times to the 1-800 number, and over a month ago, I had yet ANOTHER inquiry sent..........................I have not gotten a response from USCIS to that as well.

4) Since September, I have made agonizing call after call to that same senatorial office........approximately every 2-3 weeks (However, I have since given up, and the last time I contacted them was nearly a month ago.....it seems like I was getting nowhere with them, )....................and every time I called or emailed, that same congressional aide would tell me I would get a response from USCIS in just a few weeks. I heard that same "line" for 7 months.......I never heard a word from USCIS. And my case status has never changed.

I really can't figure it out.......but in either case ......I have all but given up on that other I-130 I filed previously. I will just file another.

One thing I have thought of was that "perhaps" it was the fact that when I wrote the letter to withdraw the I-485......I specifically mentioned the reason my wife had left was because she had a "j-1" visa and a 2 year residency requirement. Who knows.......................maybe someone saw that and just put the file aside, thinking "Oh well...she has 2 years.....she has time...no rush".

Or, perhaps it was the fact that I got an RFI from USCIS over the summer, (for my passport/birth certifictate/ etc.....US citizenship proof).........maybe that caused them to take my file out of the normal chain of circulation, and it hence got misplaced.

If I had not heard from several lawyers and read many instances already about succesful I-130 filings WHILE j-1 spouses were in the middle of their residencies.....I'd think it was that. But "MTNK"....a few replies above this, is just another example and proof of how it IS possible to file for permanent residency for a j-1 spouse WHILE they are in the midst of their 2 year residency and to have it process successfully.. He filed it with MUCH time remaining for his wife's 2 years to be up...it went through USCIS.....and he was eventually successful. My wife may not be as lucky, and have similar fortune, to get her visa 5 months early, but I have already been told by the embassy, that if I neeed to postpone the interview for my wife until her 2 years are up....they can do that for me. (So..thanks....but I am not concerned about the "denial"...or having an appt too early.....in reference to the previous reply)

But that "black hole" has confounded me...and the lack of response from USCIS has puzzled me. It has confounded me enough that after speaking to my wife yesterday, and having basically thought it wise to consult that lawyer ................, we decided against my going to the INFOPASS appt today. We are both so nervous and frustrated and "worn" from this past year of dealing with all this, we came to the conclusion that perhaps I should not do ANYTHING...until I have met and consulted with the attorney.

We are just too nervous at this point of doing anything wrong......or making anything worse.

That's why we just don't have the nerve to refile ourselves. This process "wears" on a person. I have heard this process compared to filing taxes and how they are both difficult, .....but how they are both still able to be fiiled without an attorney.

That may be true....and I do my own taxes effortlessly..........BUT......if I ever made a mistake on my taxes, waiting a few extra months etc...for a refund (and yes..I did get one this year...thank god ).......... it wouldn't bother me all that much.

But make any more mistakes on these immigration forms...and it is not just just a few pieces of paper I will waiting extra time for........but my WIFE.

You can't compare a relative....to a tax return.

Any more mistakes, and she could end up being there even PAST the 2 years.

It is an awful and difficult prospect to imagine.

I am just going to wait a short while until my wife comes to visit me again ...(and it's sooner than you think...! ),,,,and then we'll see the lawyer together, where my wife can at least be here to sign all the documents, explain her side more...etc...

I really hope that "black hole"...was just a misplacement by USCIS.....(I feel it was)...and nothing more. That k-3 DID go through okay afterwards........after we sent the packet....so in my heart...I still feel deep down it was just a mistake by USCIS......and that's what happened to my other files..........and that the reason is that they were just misplaced.

I'll find out shortly....when we meet and consult with the lawyer.

Edited March 14, 2006 by MPGGPM

[Yodrak 7]

MPGGPM,

Just to be clear, the 100 questions get asked during a consultation, not in a prelimiary phone call. Sorry if I left you with unreasonable expectations.

Not sure what to say about a lawyer who will not talk personally on the phone for a few minutes prior to a consultation. Maybe it's a sign that they're a very busy, very good lawyer, maybe it's a sign that they're a very lazy, very poor lawyer, or maybe neither. When a lawyer does assign staff to handle the preliminaries, how well versed the staff are may give you some idea. Knowledgeable staff may not be a solid indication of a good attorney, but ignorant staff may be an indication of a poor lawyer and sufficient reason to not take chances and move on to the next.

Agreed, it can be difficult to select a good service provider, be it an attorney, a real estate agent, or an auto mechanic.

Yodrak

MPGGPM,

There's nothing unusual about your case that you're aware of. You may be wrong. And even if you're correct at this point in time, the "black hole" that took your last attempt may be waiting for you again.

1) Meet in person and work out, in detail, what the attorney will do for you. Including communication since that seems to be important to you. Tell the attorney your expectations. And get all of your concerns addressed in writing in the retainer agreement.

2) A set of professional, experienced eyes to look the submission over to try to minimize things that experience has shown can cause a problem and maximize things that experience has shown lead to success.

3) Same.

4) Yes. What they could do better than you in the event of a mistake would likely depend to a great extent on what the mistake is.

You've talked to three attornies, or their office staff, on the phone - select the one who made you feel the most comfortable in dealing with them to have a consultation. If none of the 3 made you feel sufficiently comfortable, continue conducting phone interviews until you find one who does. Then, after your hundred questions have been asked and answered, decide if you want to go forward with retaining an attorney to work for you on your case.

Yodral

.

********************************************************************************

*******

The "asking one hundred questions over the phone" sure sounded great, but what I've learned this past week or two is, it is quite rare to find that lawyer who is actually "willing" to come to the phone. 9 out of 10 of them, want their $200-$300 bucks before they will even "talk" to you, and are not willing to come to the phone.

...