lawyer bad advice should I ask for a refund?

[frody 14]

Hello again:

Here we go.

I think my lawyer is trying to put words in my mouth I didnt say. In other words:The lawyer is trying to cover her back. SHe didnt know about the 6 month waiting period and now, because of that, we fill the application for AOS before we got the actual right to do so.

Seems my wedding date is not the marriage one. We are facing a potential NOID and deportation.

The problem is arised at the USCIS interview and she didnt even know my marriage became valid 6 month after the divorce is done.

I confront her with the evidence and she is acepting she make a mistake only because she tough our marriage was valid in the other state.

Doesnt she has to read the divorce decree BEFORE make us married and suggest to apply for a AOS?

Now Im paying other lawyer, and I has to go for the same process. He suggest to abandon the first application and apply again explaining the situation.

She said she is not returning any money because she make all her work.

I called the lawyers bar association and they are willing to help.

Any suggestions?

[Kathryn41 3,205]

Topic has been moved from the Immigration News and Discussion forum to the General Immigration-Related Discussion forum as a more appropriate location for this discussion.

[mtempelaar 190]

I think you did the right thing by contacting the bar association and definitely by getting a new lawyer. You are in a tricky situation and I'm wondering why lawyer isn't recommending annulment decree of the out of state marriage and a new marriage in Wisconsin for a clean slate where marriage is recognized everywhere. Also don't understand why you were forced to marry - as I stated in the previous thread, you don't have to be married to someone to make them a beneficiary in estate documents, healthcare power of attorney, etc. But what's done is done. Your only other option for getting your money back is to file a lawsuit against the first lawyer for malpractice, probably on the grounds of negligence.

[frody 14]

Thank you for your advice. I guess for the rest of the things its better to re married. If the annullament of the first marriage is done, means I was all this time illegal in the country?it will be an issue in front of innmigration?

you ask why we married? a bad advice of a lawyer.

we are in love and we tought that was the way he can be responsable in front of a health issues and decisions.

We really didnt know about that I can leave a will nominating anyone . Honestly we try to do everything soooooo legal that we pay and pay lawyers ...maybe if we just dont do nothing could be better that all the sudden burden we are passing thru.

[mtempelaar 190]

Thank you for your advice. I guess for the rest of the things its better to re married. If the annullament of the first marriage is done, means I was all this time illegal in the country?it will be an issue in front of innmigration?

you ask why we married? a bad advice of a lawyer.

we are in love and we tought that was the way he can be responsable in front of a health issues and decisions.

We really didnt know about that I can leave a will nominating anyone . Honestly we try to do everything soooooo legal that we pay and pay lawyers ...maybe if we just dont do nothing could be better that all the sudden burden we are passing thru.

You need to speak with your new lawyer about an annulment and your status because of it if you do it. Be confident in this new attorney though before taking action, and perhaps try and get a free consulting time with another lawyer and see what they say....some do freebie one time calls to give them a chance to get a new client. Doesn't hurt to get a third opinion.