A Gruelling Update

[Kym 0]

I guess I just wanted to share what our latest endeavor is in the immigration process for my fiance and me.

For those of you that had not read the very long thread from about a month ago when it seemed I was having a meltdown because of an incompetant lawyer, here is a very brief update....

--June '06, hired a lawyer to handle our K-1 visa process

--July 12, NOA1

--Oct. 31, touched

In the meantime, many contacts to our lawyer trying to find out 'status'. Checking the USCIS website daily. Stess, anxiety, & hope that we would hear something anyday!

--Jan. 29 '07, joined the VisaJourney website and posted to the forum asking for help since we were getting none from our lawyer. Rec'd many great responses and by the end of the day I had learned that our petition had been filed (by our immigration lawyer) in the wrong place and nothing had been done what-so-ever. It was devastated.

We have finally been able to track down our application and found out that it was closed back in October, probably when it was touched on Oct. 31. It seems someone would have been notified that it was closed, but the attorney's office claims they were never contacted. Honestly, I don't trust any of them, but no way of proving that part of it. Darryl and I both had to gather up all paperwork once again, have photos retaken, all the necessary things when you are originally applying for a K-1. Darryl express mailed all his information from Australia and it was all overnighted to the Nebraska Service Center - where it should have went originally. We are now waiting for our NOA1 (once again) and starting this horrible waiting period once again.

We are taking the neccessary steps against this lawyer for compensation. Darryl also has an appointment with the US consulate in Sydney on March 12 to see if they will renew his B-2 visa (another long story where our lawyer screwed us!). If they do renew it he will get to come for a visit in April. I am so nervous and excited for March 12 to get here to determine if we will get to see one another in April. What really sucks is that just months ago, I was absolutely positive that the next time Darryl came to the USA, it would be for good. Now, I am holding on to the dream that he will get to visit for 3 weeks in April...then go back home. Just doesn't seem fair.

We have also cancelled all wedding plans for our April 21 wedding and decided not to reschedule the big lavish wedding we had planned. We will take our losses, try to sell what we can and also try to get some compensation from the lawyer at fault. We would not have had to cancel if he had done his job properly. A big wedding no longer seems to be important to us (although it once was, since it is a first for us both), I just want to get him here for good and start our life together.

Darryl and I both try and remain optimistic although some days it is very difficult. It's been gruelling, but we know that someday we will look back on all this with a smile and a sigh of relief that it is over~!!!

[TracyTN 237]

Thanks for the update, Kym.

I guess I have one question. If you're having to start over, won't the NSC need a new I 129f and etc from you as well? Why would Darryl send his forms to NSC instead of to you (so then you would combine his forms with yours and send them all together)?

[mmb 0]

Glad that at least you are ontrack now.

Good luck to both of you.

[SoL. 0]

Kym,

I am very sorry for what you went thru with this lawyer. Now that you both sent the petition yourselves and got rid of this lawyer, it will be easier to track the status. There is a lot of good info on this site plus people willing to help you, you will be fine. Maybe they requested additional information from your lawyer (an RFE) and they did not follow through?

I share your thoughts on the wedding. After this immigration process, my fiancé and I have agreed on a small, intimate wedding. I wish you both the best and hang in there, it will be OK.

Hope your petition gets processed fast, good luck!

[Kym 0]

I guess I have one question. If you're having to start over, won't the NSC need a new I 129f and etc from you as well? Why would Darryl send his forms to NSC instead of to you (so then you would combine his forms with yours and send them all together)?

Sorry, I guess I was not clear on that. Yes, we needed a new I 129f amoungst other things. He did express mail it all to me and his paperwork along with all of my paperwork was overnighted.

[Kelechi 0]

Good luck on your journey with all of us. We are here for you. Relax now.

[flutter95 4]

I'm so sorry for what you went through! That must of been terrible, I'm getting mad just reading about it.

At least you are on the right track now and can really start counting it all down.

Good luck!

[DA BOMB 1]

Whenever I want to sit and gripe about how crappy it is being apart from my guy and how torturous the wait can be I'm going to read your thread. Its truly an inspiration to read how you are keeping your head high and the two of you are sticking together even though the slimeball who took your money screwed you like he (she) did. I get physically nauseated when I read post after post about these idiots who take your cash and tell you to basically shut up and wait with absolutely no regard to your personal situation.

I'll say it again "I HATE LAWYERS". I would stick it to them good demanding not only compensation but some sort of pain and suffering for the time he's wasted that cant be recovered. Good luck to you both. If it werent for this site I think there wouldnt be as many approvals as there are today. Thank you VJ.

Edited February 26, 2007 by MRS BILLY BONG

[*julez* 124]

Kym,

I'm, glad to hear that you guys are finally on your way for real now! I've been wondering how things have been going for you guys. I know its stinks that you've been delayed so much! I hope you guys do get to see each other in April - not the same as getting married, but at least it will give you guys a chance to be together for a few weeks.

I wish you guys the best for a speedy approval! Good luck and be sure to keep us posted!

Jules

[AngelD 0]

I guess I just wanted to share what our latest endeavor is in the immigration process for my fiance and me.

For those of you that had not read the very long thread from about a month ago when it seemed I was having a meltdown because of an incompetant lawyer, here is a very brief update....

--June '06, hired a lawyer to handle our K-1 visa process

--July 12, NOA1

--Oct. 31, touched

In the meantime, many contacts to our lawyer trying to find out 'status'. Checking the USCIS website daily. Stess, anxiety, & hope that we would hear something anyday!

--Jan. 29 '07, joined the VisaJourney website and posted to the forum asking for help since we were getting none from our lawyer. Rec'd many great responses and by the end of the day I had learned that our petition had been filed (by our immigration lawyer) in the wrong place and nothing had been done what-so-ever. It was devastated.

We have finally been able to track down our application and found out that it was closed back in October, probably when it was touched on Oct. 31. It seems someone would have been notified that it was closed, but the attorney's office claims they were never contacted. Honestly, I don't trust any of them, but no way of proving that part of it. Darryl and I both had to gather up all paperwork once again, have photos retaken, all the necessary things when you are originally applying for a K-1. Darryl express mailed all his information from Australia and it was all overnighted to the Nebraska Service Center - where it should have went originally. We are now waiting for our NOA1 (once again) and starting this horrible waiting period once again.

We are taking the neccessary steps against this lawyer for compensation. Darryl also has an appointment with the US consulate in Sydney on March 12 to see if they will renew his B-2 visa (another long story where our lawyer screwed us!). If they do renew it he will get to come for a visit in April. I am so nervous and excited for March 12 to get here to determine if we will get to see one another in April. What really sucks is that just months ago, I was absolutely positive that the next time Darryl came to the USA, it would be for good. Now, I am holding on to the dream that he will get to visit for 3 weeks in April...then go back home. Just doesn't seem fair.

We have also cancelled all wedding plans for our April 21 wedding and decided not to reschedule the big lavish wedding we had planned. We will take our losses, try to sell what we can and also try to get some compensation from the lawyer at fault. We would not have had to cancel if he had done his job properly. A big wedding no longer seems to be important to us (although it once was, since it is a first for us both), I just want to get him here for good and start our life together.

Darryl and I both try and remain optimistic although some days it is very difficult. It's been gruelling, but we know that someday we will look back on all this with a smile and a sigh of relief that it is over~!!!

Oh Kym I am soooooo sorry to hear this. I've kept up to date about your postings and am so glad I didn't hire a lawyer. I read somewhere that going to your Congressman can help in a big way if there is a serious problem. I would suggest doing that asap and maybe he can help push the new petition through. It just sucks that your lawyer was such a big jerk he couldn't just admit they had done something really really wrong so it could be attended to early on.

We all have our fingers crossed for you.

Good luck

Angel

[TracyTN 237]

I guess I have one question. If you're having to start over, won't the NSC need a new I 129f and etc from you as well? Why would Darryl send his forms to NSC instead of to you (so then you would combine his forms with yours and send them all together)?

Sorry, I guess I was not clear on that. Yes, we needed a new I 129f amoungst other things. He did express mail it all to me and his paperwork along with all of my paperwork was overnighted.

Right on - just wanted to make sure!

[TimsDaisy 0]

"the attorney's office claims they were never contacted. Honestly, I don't trust any of them, but no way of proving that part of it. "

There might be. First, please do file a complaint with the local state bar. Second, find a reputable malpractice attorney - he/she might take your case on contingency (meaning you won't pay him or her unless he/she wins and recoups some of your financial losses from Jerk Attorney). If you don't want to take legal action against Jerk Attorney, don't let that stop you from the complaint process.

Now - immediately contact your congressman/senator and see what they can do. They would likely write a letter on your behalf that might - according the former adjudicator who joined last week - speed up your process due to the extraordinary circumstances.

Also - when you file your complaint with the state bar, and if you decide to forgo your possible legal action against Jerk Attorney, I would check local news stations and see if they have a consumer protection segment (7 on your side! or whatever) and have them profile the case. If you can't directly recoup your money, if he stalls or balks at paying some of the costs you incurred cancelling your wedding, take him to the court of public relations and have him strung up. So long as you don't fib, he probably wouldn't be able to try to sue you for defamation (depends on the law of your state - and either way, he has SO MUCH more to lose than you do, at this point).

Do some homework too - find and compile as much data as possible about timelines and approval rates for K1 visas (a lot of it is available online - in fact, the recent request for public comment regarding the proposed fee increase has a ton of data about visa processing times, etc). To persuade Jerk Attorney (and to win malpractice, or to get him good and disciplined, or to use on the local news), you need to show that your case was more likely than not to prevail - that is, that you would have almost certainly received the K1 by X date since your facts were plain and statistics back you up.

All this is very much affected by local law and process - so check with someone in your hometown. None of what I have written is legal advice.

You need to step up and fight this guy on behalf of all of us here and everyone out there going through the same process.

Go get 'em.

[msu17 0]

Kym I'm so glad you guys are FINALLY on track! Definitly call your congressman, I for one wouldnt mind you getting pulled ahead of me And thank you on behalf of all of us for being strong enough to make someone that incompitant pay! Just a thought though, he's from Australia that is on the visa waiver program. If he has a machine readable passport, why does he need the B2? Good luck and I hope it all goes quickly from here on!

[chelseafan 0]

Hi Kym,

I absolutely agree with CD (Timsdaisy). What happened to you was WRONG and could have so easily been avoided had your attorney done what you'd given them your hard earned money to do! We have an attorney as well.....and I'll tell you that I honestly don't feel they have been as expedient with our paperwork as they could/should have! Nothing like your situation..........sigh, if only we'd found VJ sooner!

The other aspect to consider is that following CD's advice will give you something to "focus" on.....a "goal"....and perhaps the satisfaction of re-couping some of your losses. At the very least, you'll have the piece of mind that comes from stopping what happened to you.....from happening to someone else!

Please do keep us posted. We'll all be cheering the day your visa gets approved!

[marcycat 0]

Kym - I REALLY hope you get major compensation from that lawyer. Do let us know!! A congress member's or senator's office might be able to help speed up the visa process, but maybe might even have more power to help get the visitor's visa.

Not quite the same situation, but there's a pretty recent thread about getting a B2 visa while waiting for a screw-up to be fixed: http://www.visajourney.com/forums/index.php?showtopic=53627

Hang in there!!