A newbie with timing concerns!

[kitkat1 5]

Holy Cow Kym - you can tell we all have a lot of sympathy for you. Your lawyer is a first class azzhole and wouldn't even admit that they made the error in filing to the wrong service center. I would report him, get a full refund (couldn't you sue him for negligence) and get proof via fed ex receipt that the file was truly sent to the Nebraska Service Center. Then fire him.

Unfortunately there is nothing a senator or congressman or anyone can do now because this is all due to your lawyer's error. The fact that USCIS wasn't smart enough to forward your case to Nebraska just doesn't come into play. If your fiance is able to visit in the meantime, he should. If he brings lots of proof to ties to his country, hopefully he won't have any trouble at the point of entry. It's always a risk, but sounds like it would be worth it. I would cancel the April plans, have a small civil ceremony, and replan a big wedding down the road.

Best wishes for a speedy experience at the CSC - it doesn't ALWAYS take a long time.

If you go with a "fake" wedding, be careful. If they suspect you are already married at the interview, big problems will ensue.

[meauxna 15]

So your response was "Categorically untrue"...can you please expand on this. I want to make certain that you are saying Darryl can enter this country without his K-1 visa approval and there would be no repercussions?

Darryl can come to the US like any other visitor. As with ANY non-USC, it is at the discretion of the CBP officer at the border/POE to admit or not admit--there are no guarantees ever. It's true that there is *can* be a higher presumption of immigrant intent (the part where you come in but never leave), but the visitor is given the opportunity to demonstrate their ties to their home country and overcome the presumption.

There is somewhat of an art to a successful entry--I guess I would say: answer the questions asked of you honestly, and answer *just* the questions asked of you. And shorter visits are more common in American culture than long vacations.

Face it: at the moment, Darryl doesn't exist to USCIS or CBP--your petition isn't 'in' the system anywhere.

But even if he were... Do some searching on here, especially in this forum and the CR/IR about visiting during the process. This topic is discussed almost weekly, with reports mostly good, and some 'turned back' stories. There is more to it than having a petition in the works; frequency and length of visits are deciding factors too.

There is no law that bars an intending immigrant from visiting the US before their immigration.

Should he be refused entry, that is exactly what it is. He is not allowed in, is sent home (this is NOT the same as being 'deported) and goes his merry way. The reason for being refused entry is 'immigrant intent'. The purpose of the K visa IS immigrant intent. Many, many people here have reported that they had no issue getting a K visa after being refused entry as a visitor.

Sorry to have maligned your efforts--I didn't mean it that way. For some of us (well, me), finding others' opinions online is 2nd nature. I've learned everything I know about immigration from reading online, starting with Usenet groups, so it was easy for me to find others who were also immigrating their beloved.

Hopefully this group will be a good springboard for you to get yours back on track, and we all love a success story. I'm sure peple will have lost of helpful suggestions for you to look at--just research before you file *anything*.

[featherB 1]

I have nothing useful in the way of advice to add, but just wanted to say how sorry I am you've gone through this... and to add my name to the 'you need that lawyer's head on a plate' contingent. That is just incompetence of the most breathtaking kind - failing to file the petition to the right place, failing to read the most basic f***ing instructions, and to then fob you off for months every time you query what is going on in the process. The lawyer's 'sincere apologies' might have been just about acceptable the *first* time you asked for an update, if they'd bothered to check into it then, and spot that they'd filed to the wrong location. Certainly not after YOU have had to point this out to them (and still been told you're wrong, and that everything is fine, even when you know it's not)... to then lay the blame on USCIS for not correcting their most elementary of errors (although that would, of course have been nice!) is just the icing on the cake... report them to every relevant body you can find, and make sure you get everything you paid them, and more besides (the itemised list of every cost you've incurred and will be incurring would be a good start) back by way of (some little) compensation. There is no way I would be letting this rest - they messed up on the most basic of details, something which could be found by any idiot in about 10 seconds, and only takes about 3 clicks on the USCIS website to find. Make it quite clear that at this point, you know FAR more about the whole process than they do, and will not be fobbed off with 'ooooh, USCIS are tricky, forever changing their rules, it's all their fault' by way of an 'explanation'.

God, my blood is boiling on your behalf. I hope it goes as quickly as possible for you from now on - don't stop breathing down that lawyer's neck until you have some assurance that your case is being dealt with.

[Kym 0]

Darryl does not have a VWP, he has a holiday visa. He has been over here 3 times. In November of 2005, March of 2006 and again in June of 2006. That was his last visit.

A VWP is NOT A VISA. It stands for 'visa waiver program'. Certain countries are a part of the visa waiver program, which means they can enter on their passports for 90 days.

http://travel.state.gov/visa/temp/without/without_1990.html

If he's been over 3 times, I'm surprised he doesn't know about the VWP. Or maybe I'm just confused.

I think you need a few more answers before deciding on a definite course of action. I don't have great confidence that this 'lawyer' can somehow now miraculously extricate your case from where its currently buried, but I also suppose I'd give it a little time. Frankly, it wouldn't surprise me if they'd sent the petition back to your 'lawyer' who then proceeded to put it in the bottom of a huge stack of papers.

Personally, I'd be a bit careful having a 'fake' wedding and then going through the K1 process. If they got wind of the 'fake' wedding at the consular interview for the K1, you could have real problems. I'd be more inclined to have a true wedding, and then go for the spousal visa instead.

You're not confused. Long story here but he did have to get an actual visa. He was able to visit on 90 day periods...at least we thought he was...as I see now, he could have continued visiting.

[TracyTN 237]

As for not paying him enough, we agreed to make 3 installments. We have only made one installment and it was a little over 600.00. The next installment was due when he was approved and then again once he came over and needed to file for a green card. I honestly don't know what the average pay for this type of immigration work goes for from lawyers.

I was being sarcastic with my 'not paying him enough' comment. He doesn't deserve a dime. In fact, that's too steep a charge for his 'services'.

I'm surprised he got a visa for his visits. Are you sure he just didn't use the VWP and you thought he had an actual visa? Guess its neither here nor there now. At any rate, he shouldn't have any problems visiting again - though he should bring that evidence of ties to home just in case...!

Edited January 30, 2007 by TracyTN

[mRx 16]

i think your first order of business should be to sh!tcan that lawyer.

[Kym 0]

As for not paying him enough, we agreed to make 3 installments. We have only made one installment and it was a little over 600.00. The next installment was due when he was approved and then again once he came over and needed to file for a green card. I honestly don't know what the average pay for this type of immigration work goes for from lawyers.

I was being sarcastic with my 'not paying him enough' comment. He doesn't deserve a dime. In fact, that's too steep a charge for his 'services'.

I'm surprised he got a visa for his visits. Are you sure he just didn't use the VWP and you thought he had an actual visa? Guess its neither here nor there now. At any rate, he shouldn't have any problems visiting again - though he should bring that evidence of ties to home just in case...!

See I didn't even catch you were being sarcastic, I usually am not this slow, I swear..lol. I tell you though, my brain is mush right about now. This entire day has been consumed with one big effin mess! He very well could have a VWP, I don't think he does but I would not guarantee anything right now. Not even my own name. Each time he visits, he always gets a letter from his work, brings evidence of his house, bank accounts, family etc (all the stuff needed, just in case). That part would not be a problem at all.

[Moonie 0]

Horrible.

[TracyTN 237]

As for not paying him enough, we agreed to make 3 installments. We have only made one installment and it was a little over 600.00. The next installment was due when he was approved and then again once he came over and needed to file for a green card. I honestly don't know what the average pay for this type of immigration work goes for from lawyers.

I was being sarcastic with my 'not paying him enough' comment. He doesn't deserve a dime. In fact, that's too steep a charge for his 'services'.

I'm surprised he got a visa for his visits. Are you sure he just didn't use the VWP and you thought he had an actual visa? Guess its neither here nor there now. At any rate, he shouldn't have any problems visiting again - though he should bring that evidence of ties to home just in case...!

See I didn't even catch you were being sarcastic, I usually am not this slow, I swear..lol. I tell you though, my brain is mush right about now. This entire day has been consumed with one big effin mess! He very well could have a VWP, I don't think he does but I would not guarantee anything right now. Not even my own name. Each time he visits, he always gets a letter from his work, brings evidence of his house, bank accounts, family etc (all the stuff needed, just in case). That part would not be a problem at all.

No worries. Certainly no one here could blame you for brain drain after what you've been through today! You're probably on information overload (in combination with being seethingly angry at this 'lawyer').

But again, there isn't 'a' VWP. Its a program, or an 'agreement', if you will, that the US has with other countries (including Australia). Regardless, it sounds like he's well prepared when he visits. I hope he can come over again soon.

[featherB 1]

He very well could have a VWP, I don't think he does but I would not guarantee anything right now. Not even my own name. Each time he visits, he always gets a letter from his work, brings evidence of his house, bank accounts, family etc (all the stuff needed, just in case). That part would not be a problem at all.

The Visa Waiver Program isn't something you 'have', it just means that people from participant countries are allowed (if they meet certain conditions, like not having previous overstays in the US, etc etc etc) to enter the US for up to 90 days without any visa at all, instead of having to apply for a tourist visa. They don't need to apply for anything, they just book a plane ticket, turn up, fill in a form during the flight (which is something they'd have to do anyway if they had a visa) and are admitted for up to 90 days when they get to the States. Not the top of your priorities right now, but have a read about it here on the Consulate's website when you get the chance... your fiance should be able to enter the US without a visa (if, like I say, he meets all the criteria such as no overstays in the past, etc) - there is nothing legally stopping him from doing this, he just needs to bring plenty of proof of ties to home, as he's been doing in the past, and be able to convince the immigration officer at the POE that he intends to return to Australia within 90 days rather than immigrate to the US on that visit!

Good luck with it all... and keep us posted - I will be looking out for, and keeping my fingers crossed for, good news from you!!

ps... re: the waste-of-space lawyer... that's the attitude! they must not get away with it!

[Kinsey 0]

I don't have much that I can add to what others have said, but I wanted to say how sorry I am that you've had such a hard time. I hope everything works out for you in the end!

I'm keeping my fingers crossed.

[Kym 0]

He very well could have a VWP, I don't think he does but I would not guarantee anything right now. Not even my own name. Each time he visits, he always gets a letter from his work, brings evidence of his house, bank accounts, family etc (all the stuff needed, just in case). That part would not be a problem at all.

The Visa Waiver Program isn't something you 'have', it just means that people from participant countries are allowed (if they meet certain conditions, like not having previous overstays in the US, etc etc etc) to enter the US for up to 90 days without any visa at all, instead of having to apply for a tourist visa. They don't need to apply for anything, they just book a plane ticket, turn up, fill in a form during the flight (which is something they'd have to do anyway if they had a visa) and are admitted for up to 90 days when they get to the States. Not the top of your priorities right now, but have a read about it here on the Consulate's website when you get the chance... your fiance should be able to enter the US without a visa (if, like I say, he meets all the criteria such as no overstays in the past, etc) - there is nothing legally stopping him from doing this, he just needs to bring plenty of proof of ties to home, as he's been doing in the past, and be able to convince the immigration officer at the POE that he intends to return to Australia within 90 days rather than immigrate to the US on that visit!

Good luck with it all... and keep us posted - I will be looking out for, and keeping my fingers crossed for, good news from you!!

ps... re: the waste-of-space lawyer... that's the attitude! they must not get away with it!

Ok..here it is in a nutshell and I'm sure when Darryl reads this he will wonder why I am giving out his personal info...lol. As you say you must meet criteria to use the VWP program. I know I was saying it wrong before, but again, my brain is mush right now. About 20 years ago, back in his young and stupid days, Darryl received a DUI, giving him a criminal record. Eventhough it was said this would probably not cause any problems at this time, it was suggested that he get the visa as to not risk being turned away when going through customs. He didn't want to take any chances and is pretty thourough and organized, he had every paper possibly needed in order to get through those gates. That is why he has a visa.

[featherB 1]

Aha - that makes sense! And that piece of advice was probably a very good one, because while he probably could have got in on the VWP by ticking 'no' to all the boxes asking whether he'd ever committed any heinous or not-so-heinous crimes in his past, he reallllly wouldn't want 'lying to immigration' catching up with him when it came round to police checks later on. So like you say, a tourist visa was definitely the best way to go for him!

Keep us posted... and again, so sorry this has happened to you.

He very well could have a VWP, I don't think he does but I would not guarantee anything right now. Not even my own name. Each time he visits, he always gets a letter from his work, brings evidence of his house, bank accounts, family etc (all the stuff needed, just in case). That part would not be a problem at all.

The Visa Waiver Program isn't something you 'have', it just means that people from participant countries are allowed (if they meet certain conditions, like not having previous overstays in the US, etc etc etc) to enter the US for up to 90 days without any visa at all, instead of having to apply for a tourist visa. They don't need to apply for anything, they just book a plane ticket, turn up, fill in a form during the flight (which is something they'd have to do anyway if they had a visa) and are admitted for up to 90 days when they get to the States. Not the top of your priorities right now, but have a read about it here on the Consulate's website when you get the chance... your fiance should be able to enter the US without a visa (if, like I say, he meets all the criteria such as no overstays in the past, etc) - there is nothing legally stopping him from doing this, he just needs to bring plenty of proof of ties to home, as he's been doing in the past, and be able to convince the immigration officer at the POE that he intends to return to Australia within 90 days rather than immigrate to the US on that visit!

Good luck with it all... and keep us posted - I will be looking out for, and keeping my fingers crossed for, good news from you!!

ps... re: the waste-of-space lawyer... that's the attitude! they must not get away with it!

Ok..here it is in a nutshell and I'm sure when Darryl reads this he will wonder why I am giving out his personal info...lol. As you say you must meet criteria to use the VWP program. I know I was saying it wrong before, but again, my brain is mush right now. About 20 years ago, back in his young and stupid days, Darryl received a DUI, giving him a criminal record. Eventhough it was said this would probably not cause any problems at this time, it was suggested that he get the visa as to not risk being turned away when going through customs. He didn't want to take any chances and is pretty thourough and organized, he had every paper possibly needed in order to get through those gates. That is why he has a visa.

[TonyS 0]

Sorry Kym. My heart goes out to you. Your lawyer did you a great disservice. There is a very real possibility that you and your fiance would be together now if things were done right. Hang in there.

[Alex+R 0]

Hang in there Kym. Of course everyone on VJ who has read this is heartbroken for you and wants to throttle the lawyer (at least I know I do. I'd like the #######'s name and address... I might even sue.) But someday it will be clear that there was some reason that this happened. Please keep everyone posted on what's going on and I know everyone here will do their best to help you out.