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JohnCAL

Lawyer submitted i-134, original birth certificate, marriage certificate, divorce decree in the i-129 application

By JohnCAL in Vietnam

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JohnCAL Contributor

JohnCAL   2

Posted
Filed: K-1 Visa Country: Vietnam
 Timeline
Posted

My lawyer submitted in the original i-129 application:

My original birth certificate along with a notarized translation.

My fiance's original birth certificate with notarized translation.

My marriage and divorce decree

My i-134 form

Did my lawyer messed up? Since now the HCMC consulate is asking for everything listed above again. Can my fiance says they are in the application?

williamle216 Apprentice

williamle216   2

Posted
Filed: IR-1/CR-1 Visa Country: Vietnam
 Timeline
Posted

You must send photocopies of all required civil documents to the NVC.

You must submit the originals (or certified copies) and a photocopy of each of your required civil documents to the U.S. Embassy or Consulate at the time of your interview.

https://travel.state.gov/content/visas/en/immigrate/immigrant-process/documents/Supporting_documents.html

adamandeve Newbie

adamandeve   0

Posted
Filed: Citizen (pnd) Country: Philippines
 Timeline
Posted

as i remembered with my applications before, we did submit photocopies and originals are with me during the interview or otherwise they would ask the original copy and my husband made a cover letter with all the list of documents being submitted plus we made a copy of the documents too for our record.

JohnCAL Contributor

JohnCAL   2

Posted
Filed: K-1 Visa Country: Vietnam
 Timeline
  • Author
Posted

I am not sure why my immigration lawyer makes this mistake?

I will have to create another I-134 just in case. Luckily I have an extra birth certificate. Do I need to send my previous marriage certificate? Or just the divorce decree to my fiance?

I will translate and notarize my birth certificate. Do I need to notarize the I-134? Does my fiance's birth certificate in VN needs to be translated?

Thanks

WandY Community Regular

WandY   430

Posted
Filed: K-1 Visa Country: Vietnam
 Timeline
Posted

Too late for you, but it seems many lawyers are inept at filing K-1 visa. For others, follow the guidelines found on this website and on the U.S. government site(s). Follow directions EXACTLY as provided and the only thing in your way is an interview in HCMC. Lawyers work best at cleaning up the messes of other lawyers - a law school maxim I will never forget. It's true.

Darnell Grand Master

Darnell   8,478

Posted
Filed: IR-1/CR-1 Visa Country: China
 Timeline
Posted (edited)

My lawyer submitted in the original i-129 application:

My original birth certificate along with a notarized translation.

My fiance's original birth certificate with notarized translation.

My marriage and divorce decree

My i-134 form

Did my lawyer messed up? Since now the HCMC consulate is asking for everything listed above again. Can my fiance says they are in the application?

Ya. Smells like a newbie lawyer. There's a reason it's called 'practicing law' - one keeps practicing until one gets it right.

What he should have done, was to send off photocopies of:

1. birth certificates

2. translations

3. divorce decrees.

The I-134 is collected on interview day at HCMC IV Unit.

Originals or certified copies of stuff in my list must be presented on interview day (the certification made by the issuing authority)

If I were in your exact shoes, I'd ask for a partial refund due to casefile mishandling.

Edited by Darnell

Sometimes my language usage seems confusing - please feel free to 'read it twice', just in case !
Ya know, you can find the answer to your question with the advanced search tool, when using a PC? Ditch the handphone, come back later on a PC, and try again.

-=-=-=-=-=R E A D ! ! !=-=-=-=-=-

Whoa Nelly ! Want NVC Info? see http://www.visajourney.com/wiki/index.php/NVC_Process

Congratulations on your approval ! We All Applaud your accomplishment with Most Wonderful Kissies !

 

Darnell Grand Master

Darnell   8,478

Posted
Filed: IR-1/CR-1 Visa Country: China
 Timeline
Posted

You must send photocopies of all required civil documents to the NVC.

You must submit the originals (or certified copies) and a photocopy of each of your required civil documents to the U.S. Embassy or Consulate at the time of your interview.

https://travel.state.gov/content/visas/en/immigrate/immigrant-process/documents/Supporting_documents.html

Apologies, there is no doc intake for a K-1 visa @ NVC.

None.

Instead, the doc intake occurs at the IV Unit in HCMC. K-1 visa chasers, unlike the visa you chased, have different doc flows. It's even referenced in the K-1 flowchart in the Guides Section.

Sometimes my language usage seems confusing - please feel free to 'read it twice', just in case !
Ya know, you can find the answer to your question with the advanced search tool, when using a PC? Ditch the handphone, come back later on a PC, and try again.

-=-=-=-=-=R E A D ! ! !=-=-=-=-=-

Whoa Nelly ! Want NVC Info? see http://www.visajourney.com/wiki/index.php/NVC_Process

Congratulations on your approval ! We All Applaud your accomplishment with Most Wonderful Kissies !

 

Ebunoluwa Veteran

Ebunoluwa   6,136

Posted
Filed: AOS (apr) Country: Cyprus
 Timeline
Posted

For me the best way for you to do is call a local USCIS and ask about it so you will be guided properly, what d u think other members?

Calling the USCIS "mis"information line is definitely not necessary.

OP should follow Darnell's advice.

Spoiler

 

I-129F Sent : 3-31-2014, NOA2: 4-6-2014

NVC Received : some dinkelsberry yehoo in the house of clingons send our petition to the wrong consulate.

Consulate Received : July 30,2014 Transfer to right embassy complete.

Interview Date : Oct 22, 2014

Interview Result : AP , requesting another PC (not expired) and certified divorce decree (was submitted)Stokes interview via phone for petitioner 4 hrs after interview.

Oct 23 email notification visa approved.
Visa Received : Nov. 3 , 2014 VISA IN HAND.

US Entry : Nov. 21, 2014

Marriage : Dec 27, 2014

AOS send : May 12, 2015, received May 14, 2015 USPS priority

Email &text : May 18, 2015, check cashed May 19,2015, return receipt May 21, 2015 stamped USCIS Lockbox, NOA1 (3x) May 22,2015

Biometrics : June 1, 2015 letter received for appointment June 8, 2015, successful walk-in June 1, 2015

RFE : June 12, 2015 for income not meeting guideline. Income does ( ! ) exceed guideline.

RFE response : June 26, 2015 returned with a boat load full of financial evidence.

UPDATE: July 5, 2015 updated on all 3 cases, RFE received June 30, 2015.

Service request : Aug 12, 2015, letter received that it will be processed within 90 days from receipt of RFE.

UPDATE: Aug 24, 2015, EAD card being produced/ordered. ( 102 days from AOS receipt day and 55 days from RFE response received.) Thank you Jesus !

Emails : Aug 24, 2015, EAD approved, EAD card ordered.

I-797 EAD/AP approval notice received : Aug 27, 2015

EAD/AP combo card mailed : Aug 27, 2015, EAD/AP combo card received: Aug 31, 2015

Renewal application send for EAD/AP : May 31,2016 (AOS pending over 1 year). Received June 2, 2016,Notice date June7, 2016, emails,texts, NOA1 hard copy

Service request for pending AOS April 21, 2016, case not assigned yet.
Service request for pending AOS June 14, 2016, tier 2 said performing background checks.
Expedite request for EAD/AP Aug 3, 2016, Aug10 notification >request was received, assigned, completed. RFE letter requesting evidence for expedite, docs faxed Aug18

*Service request for I-485 Aug 3, 2016, Aug11 notification> request was assigned. Service request Dec 2, 2016.
AOS Interview letter received Aug 12, 2016

AOS Interview September 21, 2016.

Second Biometrics appointment letters received for EAD and AOS on Aug 15, 2016 for Aug 17 ( 2 day notice).

Second Biometrics completed Aug 17, 2016

Third Biometrics appointment letter received Aug 19, 2016 for Sept. 1, 2016. WTH ?!

EAD/AP (renewal) approval Aug 22, 2016, NOA2 received Aug 25, 2016

Renewal EAD in production notification text and online, expedite successful 4 days after RFE request response was faxed, Aug25mailed,Aug29received.

Sept. 21 Interview, 2 hour interview, we were separated and asked about 50 questions each for an hour each. IO was firm but professional, some smiles.
Several service requests made, contacted Senator and Ombudsman. Background checks still pending.
July 21, 2017 HOME VISIT.  Went well. Topic thread in AOS forum.
Waiting to skip ROC and get 10 yr GC due to over 2 year while pending AOS
AOS APPROVED Oct. 4, 2017 * Green card in hand Oct 13, 2017 !!!!!

First K1 denied after 16 month of AP. Refiled. We are a couple since 2009. Not a sprint but a matter of endurance.

 

Darnell Grand Master

Darnell   8,478

Posted
Filed: IR-1/CR-1 Visa Country: China
 Timeline
Posted

For me the best way for you to do is call a local USCIS and ask about it so you will be guided properly, what d u think other members?

local? local USCIS office? no telephone # that is answered. Can't get a human.

the national call center? those are staffed by SERCO contractors, poorly trained, can only see whats on a screen in front of them, exactly what you can see.

Did someone plant this idea to you, this 'best way'? if yes, treat them as an enemy and timewaster.

Sometimes my language usage seems confusing - please feel free to 'read it twice', just in case !
Ya know, you can find the answer to your question with the advanced search tool, when using a PC? Ditch the handphone, come back later on a PC, and try again.

-=-=-=-=-=R E A D ! ! !=-=-=-=-=-

Whoa Nelly ! Want NVC Info? see http://www.visajourney.com/wiki/index.php/NVC_Process

Congratulations on your approval ! We All Applaud your accomplishment with Most Wonderful Kissies !

 

chrisete Enthusiast

chrisete   55

Posted
Filed: AOS (pnd) Country: Canada
 Timeline
Posted

I am not sure why my immigration lawyer makes this mistake?

I will have to create another I-134 just in case. Luckily I have an extra birth certificate. Do I need to send my previous marriage certificate? Or just the divorce decree to my fiance?

I will translate and notarize my birth certificate. Do I need to notarize the I-134? Does my fiance's birth certificate in VN needs to be translated?

Thanks

You are smart to create aonther I 134...I thought mine was in my package and apparently not and I only had the unsigned copy in my package at the Embassy yesterday in Montreal. The CO was nice though and said he was approving my visa so long as I sent an original signed one as soon as possible....

K1 filed September 4, 2015

K1 Issued Feb 25, 2016

Entered the US June 3, 2016

Married June 13, 2016

AOS filed June 28, 2016

Paperwork received June 29, 2016

NOA dated July 11, 2016 for 485, 131, 765

RFIE mailed August 13, 2016

RFIE sent express August 22, 2016 ***Make sure you all use the latest forms from USCIS or RFIE***

RFIE accepted August 24, 2016

EAD Card is being produced September 13, 2016

Green Card is being produced November 17, 2016

AOS Approved November 18, 2016

http://tickers.TickerFactory.com/ezt/d/4;10766;472/st/20160711/e/NOA+1/k/25e6/event.png

frontgear Proficient

frontgear   194

Posted
Filed: Citizen (apr) Country: Vietnam (no flag)
 Timeline
Posted

My lawyer submitted in the original i-129 application:

My original birth certificate along with a notarized translation.

My fiance's original birth certificate with notarized translation.

My marriage and divorce decree

My i-134 form

Did my lawyer messed up? Since now the HCMC consulate is asking for everything listed above again. Can my fiance says they are in the application?

You did not need to submit your fiancee's birth certificate or I-134 with your I-129F.

Keep in mind that you will need to submit both originals and copies of requested documents at time of interview per the K1 Instructions sheet. They will give the originals back to you after the interview.

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

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