A newbie with timing concerns!

[meauxna 15]

Kym & Darryl, FYI:

We contacted the attorney liaison with the National Benefits Center (NBC) and he told us that the problem of filing K-1's in Missouri was the most common problem he sees at the service center and that he believed it was because the initial instructions from the immigration service were very unclear in this area. At the time we filed the case, the NBC was still newly created and almost all of the family related immigration cases that were previously filed at the NSC and other regional centers were being transferred to the NBC, and I'm not sure it was so clear at that time which was the proper service center to file in. There was a lot of confusion among the public and the immigration bar about which cases should be filed in which center. K-1's and K-3's are filed on the same form (I-129F), yet one goes to NBC and one to NSC. It doesn't surprise me that this has been a common mistake. Last year all of the service centers changed their filing requirements to initiate a new program of "bi-specialization" where cases were filed in certain offices according to the type of filing, rather than the geographic area of the persons involved. I point this out not so much as an excuse but as an explanation of how it could happen, and continues to happen among the public and immigration attorneys.

Glad I didn't imaginate the liason.

If he would like to stick to his story about the NBC being 'newly created' when you filed, ask him to back it up. They've been in operation at least a couple of years. They have never accepted fiance petitions, and I have not seen a lot of people being confused by that instruction. The other instructions are blindingly clear.

Bi-specialization has nothing to do with you, and would not affect where your intial submission would go anyway.

I'm not saying you should grind this into their faces, but even a little BS at this point is irksome.

It is surprising to me that a receipt was generated from the filing and that the case was not either rejected or forwarded to the NSC, which is the CIS standard practice on filing errors. The fact that a receipt was issued typically indicates to us that the case is properly filed. In fact, there is nothing on the receipt itself that would indicate that it was not properly filed. The liaison says that the K-1's filed at NBC are not being rejected (as we would have expected), but are being forwarded to the NSC. Usually a notice is sent out that the case has been transferred, but he says there is not always a notice and that is why it is difficult to determine whether it is still at NBC or has already been transferred to NSC.

Yeah, about that reciept. I wonder what it says? I don't know if there is anything on there that would tip someone off to the fact that the file is in the wrong place or not.

It is true that misfiled cases are either returned or redirected. I wonder what else is in your submission that would lead NBC to keep it?

Even if we had the approval today, I’m not sure you could get the visa in time because the consulates have been very delayed due to new requirements for completion of security checks before the interviews are scheduled.

Maybe that's to make you feel better, but it isn't true for fiance visas. You can check the timeline of other Oz K-1s to verify.

It is true that we do not usually recommend persons enter the U.S. as visitors if they have a fiancé. If they are aware you are engaged, the immigration service will deny entry as a visitor virtually 100% of the time. I would not expect a B-2 visa to be issued for someone who is engaged to someone in the U.S.

Disagree. Again, tons of evidence that people can and do visit during the petition process. Even when admitting outright that they are visiting a USC fiance or spouse. What country does this firm specialize in?

I also see that it has been worded "do not usually recommend" visiting, but you recall him telling you it was illegal. Remember I said to be careful about what he said vs what you heard. Doesn't really matter who is right or wrong, but a good example of how things can easily get mixed up.

Why is he not confused by Darryl's B-2, or properly aware of it? If a VWP country person holds a B, it's for a good reason. It would indicate to me that D is not eligible to use the VWP, but he's going to rabbit on about it here in the next para.

I know that this isn’t ideal and doesn’t fit with your expectations or plans, but it is the only suggestion I can think of that will still keep you on your present wedding schedule.

This option is still there for you, but if it were me, I think the stress of worrying about it would put me under. Do give it some consideration.. it would be sort of strange to have your fancy ceremony and have it not be your 'we're married' day, but practicalities might dictate...

Again, I’m sorry for the problem and we will try to fix it, but there are limits on what we can do. I’ll let you know if we find out anything further from liaison with the NBC.

Oops, third mention of the liason. Maybe he's trying to remind you of what they have to offer you.

Just some fact checking/feedback for you.

[meauxna 15]

I didn't realize that these forms or a passport photo expired. Does anyone have any info on this? In the meantime, I will start googling....

The I-129f has an expiration date on the bottom. I don't know if they could match up any new submission (of any evidence or forms) with your existing case file.

The photos are supposed to be taken within 30 days of submission, but that is not normally a reason to RFE (how would they know?).

I don't think these are your biggest worries at the moment.

hehe.. you could add the increased AOS fees your going to now how to face into your damages.. (looking for the bright side!)

[marcycat 0]

Kym, you have my sympathy! Plus, I thank you for sharing your story -- it's important to know this kind of thing can happen.

I already mentioned to you the idea of getting married as planned, w/o signing the papers. My friends did do this, and had no probs, but I'm getting the impression you don't need the stress. But, if you don't sign the certificate, you're NOT married, legally, which is what USCIS cares about, I believe. But is it possible to just postpone the wedding? I think when you're dealing with the visa hassles, the wedding starts to seem unimportant, superfluous --- but later, when this is all over, you might be a little sad to have not had a "real" wedding. (I know I am, even though at the time, the "party" seemed like the most insignificant thing in the world.)

Good luck --- I hope you totally PUNISH that law firm! (Let us know....)

[kitkat1 5]

Kym, I agree with everything said here and have zero confidence in this idiot. He should have been on the phone with you profusely apologizing with the lawyer's complete incompetence - I would throw everything Meauxna states right back in his face (the NBC is new my azz - it IS an excuse and a bad one at that. Only idiot attorneys make this mistake and the fact that the NBC didn't forward it to NSC is why the idiot got "caught")

I wouldn't even feel very comfortable with his statement about the liaison attorney who "said he would try to follow up on the case with the NBC, and I have sent him the necessary details". There is no trying here - I would tell this guy he needs to do everything in his power, whatever it takes, to get your file the NSC. Once there, that's it. It's over. Report him, get a refund and don't bother with an attorney at all. People here clearly know more than these idiots - I wouldn't in a million years trust another attorney at their firm.

I suppose his comments about getting married in the US and then filing the K3 were meant to help you resolve the wedding issue so he doesn't have to refund the deposits. If you don't mind postponing, I wouldn't do it. It means starting all over again, which you are already doing. It will only add to the time that you are separated since you wouldn't be filing the K3 until after the wedding.

Really my blood is boiling over this and I am incredibly sad for what you two have been through. I would demand proof that the file has been transferred and then get rid of him. If all goes well, you won't need to send updated information but if you do, it will be a simple Request for evidence and you can return any updated information ASAP.

Best of luck to both of you.

[TimsDaisy 0]

Kym - you have several options still - most of which, however, going nuclear on this incompetent law firm and employing the most American tactic I can think of: public relations.

Have you contacted your Senator or Congressman yet? I think you need to take a multi-pronged approach. First off, don't wait to file a complaint with the State Bar. Even if things iron out at this point and the firm magically shapes up, you would still be doing a disservice to another couple out there to let them continue unchecked. So here's what I would do.

Do you have a local news station that does those on-the-consumer's-side types of reports? Better yet, call a national news desk (no really, you can reach ABC, NBC, CBS, CNN, etc with minimal effort) and pitch them your story. Immigration is a hot button issue right now and with the proposed hikes in fees, this is a timely story of a couple caught in an unwinable situation in an ugly time of change. Call a news outlet, plea your case. Call or have the news outlet call your Senator or Congressmember and get them involved too. Then just tell your story to the cameras. Can't find a camera, call the local print reporter and let the story grow from there. Make sure the state bar gets involved.

Absolutely nothing is going to move faster or prevent this kind of #### up again unless you take swift, unequivocal action to make sure that it doesn't. There's plenty of network coverage of people who get here illegally but little on people trying to get here legally who have been - over the last few years - frequently screwed over by unintended, probably unconsidered consequences of federal legislation and rule making.

Do something for all of us and refuse to take this quietly. This may be your 15 minutes and you should use them to get the rest of your lifetime worth of minutes with your fiance started sooner.

Get out there and fight, dammit. The time for waiting has passed. This guy couldn't read the instructions that literally thousands of unrepresented, lawyer-free filers have managed to figure out. Make him pay every last bleedin' dime plus enough punitive to make sure they don't get lazy again.

[Kym 0]

Disagree. Again, tons of evidence that people can and do visit during the petition process. Even when admitting outright that they are visiting a USC fiance or spouse. What country does this firm specialize in?

I do not know what country they specialize in, but here is a snippet taken directly from this law firms webpage. First page at the very top under the title "Who We Are".

The __________ Immigration Law Group, LLC practices exclusively in the field of Federal Immigration & Naturalization law. Our offices are located in the Kansas City metropolitan area, but we represent businesses and clients located throughout the United States. We practice in all aspects of immigration law including Employment and Family Based Immigration, Asylum, Removal Proceedings, and Appeals. We represent several prominent businesses in the Kansas City area, and our attorneys bring a combined experience in this field of over 20 years. Our attorneys are members of the American Immigration Lawyers Association (www.aila.org) and we take great pains to stay current in this rapidly changing area of law.

Gotta love that last line...what horse sh**!!!

I also see that it has been worded "do not usually recommend" visiting, but you recall him telling you it was illegal. Remember I said to be careful about what he said vs what you heard. Doesn't really matter who is right or wrong, but a good example of how things can easily get mixed up.

Keep in mind that the person writing this email is not the same person that told us that Darryl could not enter into the USA once we applied for the K-1 visa. He did not say the word 'illegal' persay. But we (and I have double checked with Darryl to make sure he remembers this the same as I) without a doubt, are sure this is what our lawyer told us, on a couple different occasions. He said if we tried to risk it and Darryl came anyway and he was caught, we would not be given the K-1. Of course, we were not going to risk such a thing.

Why is he not confused by Darryl's B-2, or properly aware of it? If a VWP country person holds a B, it's for a good reason. It would indicate to me that D is not eligible to use the VWP, but he's going to rabbit on about it here in the next para.

Our lawyer was fully aware that Darryl had a B-2 visa and that he chose to go that route rather than risk non-entry into the USA because of DUI under the VWP. Now whether our lawyer actually paid attention to Darryl when he was telling him this, who knows. But obviously the person writing this email does not know about Darryl's situation. Could be because he didn't even review our file before writing this email, could be because it is not even in our file...I just don't know. I would not count on anything at this point, especially any sort of competence coming from that law firm.

I wanted to also add that Darryl no longer has a B-2 visa. He let it expire October 2006 simply because he was told he could not use it anymore since we applied for the K-1. Now it makes me wonder, can he reapply for the B-2 with this K-1 pending? Or could he try using the VWP with the DUI on his record (albeit almost 20 years ago)? Would they look down on someone trying to enter on the VWP after letting his B-2 visa expire? Well, just more questions I need to look into...

Just some fact checking/feedback for you.

Always Appreciated!!!!!!

[rebeccajo 14]

*nevermind*

Edited February 3, 2007 by rebeccajo

[Kym 0]

::MY UPDATE::

Right now we are in the process of writing letters and making phone calls trying to get everything 'wedding' cancelled or undone. I know that some of you suggested that I don't cancel just yet or I don't sell off anything already purchased because we could still have a nice wedding at a later date. I have to say...all this has left a pretty bad taste in my mouth. We have talked about this and decided we just want our small simple wedding whenever he gets to come over (and who knows when that will be) and nothing more except the joy of starting our life together. The thought of having to replan this entire thing over is just too much. I don't think my heart or sanity could handle it.

We also need to start contacting friends and family to tell them the planned wedding is off...I dread that.

Once again today, not a phone call or any attempt to contact us from the lawyer's office. I personally think they are a bunch of weasels. Not even an introduction from our so-called new lawyer to say, "hey, I've reviewed the file and this is what my plan of action is....blah blah blah". Once again, Darryl is going to write to them to pull any information from them at all. I wish they had the balls to stand up and do the right thing and at least show a little compassion, not to mention to let us know what is going on!.

Our initial plan is to wait it out to make certain our application is at the proper center before we fire and continue from there.

This has been an exhausting week. Thank heaven it is Friday!!!!

*nevermind*

???

[Kym 0]

::MY UPDATE::

Right now we are in the process of writing letters and making phone calls trying to get everything 'wedding' cancelled or undone. I know that some of you suggested that I don't cancel just yet or I don't sell off anything already purchased because we could still have a nice wedding at a later date. I have to say...all this has left a pretty bad taste in my mouth. We have talked about this and decided we just want our small simple wedding whenever he gets to come over (and who knows when that will be) and nothing more except the joy of starting our life together. The thought of having to replan this entire thing over is just too much. I don't think my heart or sanity could handle it.

We also need to start contacting friends and family to tell them the planned wedding is off...I dread that.

Once again today, not a phone call or any attempt to contact us from the lawyer's office. I personally think they are a bunch of weasels. Not even an introduction from our so-called new lawyer to say, "hey, I've reviewed the file and this is what my plan of action is....blah blah blah". Once again, Darryl is going to write to them to pull any information from them at all. I wish they had the balls to stand up and do the right thing and at least show a little compassion, not to mention to let us know what is going on!.

Our initial plan is to wait it out to make certain our application is at the proper center before we fire and continue from there.

This has been an exhausting week. Thank heaven it is Friday!!!!

[girlfrmoz 1]

I am new to this site, found it out of desperation...trying to find answers to some of my questions.

I am a US citizen and my fiance is coming over from Australia. We filed our petition back in June, 06 and our first notice date was on July 17, 2006. (Ours is at the California Service Center) We were assured by our immigration lawyer that we should have all this taken care of in no more than 6 months and he would be here in the states with me. So with that information, we thought an April wedding would be perfect. We have planned for a pretty big wedding on April 21, 2007. Yet, we have heard nothing! I have not received the second notice and once we do, we will still need to wait on everything to be done in Australia. Paperwork, interview, etc. I check the USCIS site daily for some updated info. The last 'touch' date shows Oct. 2006.

I have read several timelines on this site from different members and it sure doesn't seem that any of the others have taken this long. Can anyone tell me if this timing seems a bit abnormal (we can not seem to get any info out of our lawyer, either)? Has anyone else had to wait this long?

My biggest fear is that I will be standing at the altar without a groom. We have talked about rescheduling our wedding plans but we will loose a lot of money from venders with deposits and so much work will be lost. (Or if we just move the date back with all of our venders, they are so booked up now, it would be the end of 2007 or even 2008) I do feel we are close since the date for the I-129F on the USCIS site is July 17 (our date). But even if we are notified and things are sent to the American Embassy in Sydney in the next couple of weeks, I still don't know if we will have enough time to get him here by April.

This has been the most stressful thing ever. If anyone has any suggestions for me, words of wisdom, or comments, I would love to hear from you.

Thank you,

Kym

Hi Kym,

Our time line is very similar to yours and we just got through. Even if you got your NOA2 today you still might not make April because you have to wait for it to go through NVC, then to the Sydney Consulate, then packet 3, then packet 4 and interview. That will take up to 3 months. Let me know if I can help in anyway with info. I just went through Sydney Consulate. See my other post "Visa Approved"

Take care

Girlfrmoz

[kitkat1 5]

Our initial plan is to wait it out to make certain our application is at the proper center before we fire and continue from there.

Smart choice. I would start with a phone call first thing Monday morning to the guy who wrote you that email and demand proof - in the form of the fedex tracking number for example - that the file has been sent the the NSC.

By the way, it's not hard to google a sentence from that firm description and figure out who these morons are. I think you should start a "evil immigration lawyer" thread and post the name so other people don't use them . . . .

Edited February 3, 2007 by kitkat1

[~kiyah~ 14]

Kym, contacting your senator is good...however the processing of your petition is outside of the guidelines. I would contact the USCIS OMBUDSMAN

The Ombudsman cannot make them 'approve' your petition or change and adverse decision, but they can assist with processing timelines that are outside of guidelines...and honey, yours definitely is!

Exactly what service center sent you NOA1? I would definitely fire that lawyer, they're apparently worthless! You really should have waited this process out to make solid wedding plans like paying anyone, but I guess you don't need me to tell you that.

Click that link and check out how to contact them and what you need to provide, they can help you. Good luck to you both!

~Kiyah~

Edited February 3, 2007 by Kiya

[kitkat1 5]

Kym, contacting your senator is good...however the processing of your petition is outside of the guidelines. I would contact the USCIS OMBUDSMAN

The Ombudsman cannot make them 'approve' your petition or chaneg and adverse decision, but they can assist with processing timelines that are outside of guidelines...and honey, yours definitely is!

Click that link and check out how to contact them and what you need to provide, they can help you. Good luck to you both!

~Kiyah~

They are not outside of the guidelines - their petition has not started the process because the lawyer sent it to a service center that does not handle I-129Fs, where it is still apparently sitting.

[~kiyah~ 14]

Kym, contacting your senator is good...however the processing of your petition is outside of the guidelines. I would contact the USCIS OMBUDSMAN

The Ombudsman cannot make them 'approve' your petition or chaneg and adverse decision, but they can assist with processing timelines that are outside of guidelines...and honey, yours definitely is!

Click that link and check out how to contact them and what you need to provide, they can help you. Good luck to you both!

~Kiyah~

They are not outside of the guidelines - their petition has not started the process because the lawyer sent it to a service center that does not handle I-129Fs, where it is still apparently sitting.

AH, I see now...there were so many responses, I did not read them all...my fault. What an A$$ of an attorney...the address is right there in the instructions for what state you live in.

~kiyah~

[Kym 0]

By the way, it's not hard to google a sentence from that firm description and figure out who these morons are. I think you should start a "evil immigration lawyer" thread and post the name so other people don't use them . . . .

I did think of that when I was posting directly from their website. But I figured so what...I'm trying to be a little bit diplomatic and omitting names, however if anyone is able to figure out who the inadequate lawyer is....well, so be it!