Help: Missing important document in I-129F packet.

[SilverMonk 194]

Hello there fellow community members,

I need some help and advice on my I-129F packet that was mailed in on the January 12th, 2017 and delivered on the 17th with missing documents.

So my fiancée and I hired an immigration attorney to aid us on obtaining a J-1 visa waiver and the K-1 visa. The J-1 visa waiver was obtained sooner than expected. Took a little over a month to get the waiver approved, so we didn't think we would have any problems in the attorney during the K-1 visa process, but surely enough we are.

What happened: 
My fiancée was just in Brazil with me, she got back on a Tuesday and then on a Wednesday the attorney sent her a draft of our packet as asked to check if all personal information was filled out correctly, so she did just that. But earlier this week I asked to see the draft and noticed that proof of her citizenship was missing, along with form I-94. We immediately called her office to check if she had forgotten to include it in the packet or just didn't put it in the draft, and she did in fact forget to include proof of citizenship, even though my fiancée has already send in all the necessary documents.

What the attorney said: 
Regarding my fiancées proof of her citizenship: She said that it was human error and that the ''office'' had in fact forgot to include proof of her citizenship, that it was a mistake on their behalf, that it doesn't usually happen but it sometimes does, she asked for apologies and so on. Then she informed us that she will be sending in a supplemental packet as soon as we're assigned a case number and that they'll file everything together, that it's common to send in supplemental packets without causing delays in the process.

Regarding form I-94: She said it isn't necessary since I have DS-2019s on their with stamped entry dates and what not. But nowhere on the I-129F instructions does it have a note saying that I would not need form I-94 in certain circumstances. But she said that she'll include it in the packet if I would like to so I said yes, of course. But that's the least of our worries because we'd be fine with an RFE asking for this form.

What  worries us:
We're worried that USCIS might deny our petition altogether since we didn't include any proof of her citizenship in the packet. Now imagine us waiting several months just to get a notification that our petition was denied and then have to start a new petition all over again and wait even more? My fiancée and I have been together 4.5 years now and it's not getting any easier on us as time goes by. So it would be heartbreaking to not get this petition approved in the '' normal time frame''.

What we'd like to know:
- We would like to know if anyone in the community has seem or heard of a similar case in which some important document was not included in the packet, such as proof of citizenship.
- Do you guys believe that the attorney's supplementary packet will see its wait to our original packet if its sent in with our case number (as said by the attorney)?
 - Does the community know if they'll send us an RFE if the lawyers supplementary packet does go into our file?
- Will they be understanding and give us a chance to send in proof of her citizenship via a RFE or are we under the risk of getting our petition denied because our lawyer forgot this important document behind?

Thanks in advance for any help and sorry for the long post, but we don't know that to do or think and we're afraid of getting our dreams delayed because of some mistake that we would not have made if we took care of the petition ourselves, but we initially thought that it was something out of this world.

 

[Sailormooon 268]

4 hours ago, SilverMonk said:

Hello there fellow community members,

I need some help and advice on my I-129F packet that was mailed in on the January 12th, 2017 and delivered on the 17th with missing documents.

So my fiancée and I hired an immigration attorney to aid us on obtaining a J-1 visa waiver and the K-1 visa. The J-1 visa waiver was obtained sooner than expected. Took a little over a month to get the waiver approved, so we didn't think we would have any problems in the attorney during the K-1 visa process, but surely enough we are.

What happened: 
My fiancée was just in Brazil with me, she got back on a Tuesday and then on a Wednesday the attorney sent her a draft of our packet as asked to check if all personal information was filled out correctly, so she did just that. But earlier this week I asked to see the draft and noticed that proof of her citizenship was missing, along with form I-94. We immediately called her office to check if she had forgotten to include it in the packet or just didn't put it in the draft, and she did in fact forget to include proof of citizenship, even though my fiancée has already send in all the necessary documents.

What the attorney said: 
Regarding my fiancées proof of her citizenship: She said that it was human error and that the ''office'' had in fact forgot to include proof of her citizenship, that it was a mistake on their behalf, that it doesn't usually happen but it sometimes does, she asked for apologies and so on. Then she informed us that she will be sending in a supplemental packet as soon as we're assigned a case number and that they'll file everything together, that it's common to send in supplemental packets without causing delays in the process.

Regarding form I-94: She said it isn't necessary since I have DS-2019s on their with stamped entry dates and what not. But nowhere on the I-129F instructions does it have a note saying that I would not need form I-94 in certain circumstances. But she said that she'll include it in the packet if I would like to so I said yes, of course. But that's the least of our worries because we'd be fine with an RFE asking for this form.

What  worries us:
We're worried that USCIS might deny our petition altogether since we didn't include any proof of her citizenship in the packet. Now imagine us waiting several months just to get a notification that our petition was denied and then have to start a new petition all over again and wait even more? My fiancée and I have been together 4.5 years now and it's not getting any easier on us as time goes by. So it would be heartbreaking to not get this petition approved in the '' normal time frame''.

What we'd like to know:
- We would like to know if anyone in the community has seem or heard of a similar case in which some important document was not included in the packet, such as proof of citizenship.
- Do you guys believe that the attorney's supplementary packet will see its wait to our original packet if its sent in with our case number (as said by the attorney)?
 - Does the community know if they'll send us an RFE if the lawyers supplementary packet does go into our file?
- Will they be understanding and give us a chance to send in proof of her citizenship via a RFE or are we under the risk of getting our petition denied because our lawyer forgot this important document behind?

Thanks in advance for any help and sorry for the long post, but we don't know that to do or think and we're afraid of getting our dreams delayed because of some mistake that we would not have made if we took care of the petition ourselves, but we initially thought that it was something out of this world.

 

All you'll need to do now is wait for an RFE ( Request for additional evidence) and send the missing documents then.. Normally they approve applications pretty quickly once you send it over so don't worry about it too much. I think your lawyer is incredibly negligent as you are probably spending a lot of money and you could have filed yourself using this forum. You probably would do 1000 x better job than the lawyer. You won't get denied over it, worst case scenario is that they don't get the supplementary package and they'll just send an RFE.

[SilverMonk 194]

50 minutes ago, Tea_pgtips said:

All you'll need to do now is wait for an RFE ( Request for additional evidence) and send the missing documents then.. Normally they approve applications pretty quickly once you send it over so don't worry about it too much. I think your lawyer is incredibly negligent as you are probably spending a lot of money and you could have filed yourself using this forum. You probably would do 1000 x better job than the lawyer. You won't get denied over it, worst case scenario is that they don't get the supplementary package and they'll just send an RFE.

Thanks for the reply @Tea_pgtips,

 

So you believe that they won't deny our petition altogether just because our lawyer forgot to send in proof of my fiancée's citizenship?

 

And trust me, we are livid at the whole situation. Because my fiancée is a very methodical person, so if she had filed the petition I would not have a worry in my mind. But since we paid good money for this attorney, we are upset that she was able to forget the documents. But we're learning from this and we'll be filling for the AOS on our own.

 

But now we just have to pray that they'll just ask for an RFE at this point, and not deny our case. I do believe that they accept this supplemental packet since it's gonna be send in after we already have our case number and whatnot.

[Sailormooon 268]

2 minutes ago, SilverMonk said:

Thanks for the reply @Tea_pgtips,

 

So you believe that they won't deny our petition altogether just because our lawyer forgot to send in proof of my fiancée's citizenship?

 

And trust me, we are livid at the whole situation. Because my fiancée is a very methodical person, so if she had filed the petition I would not have a worry in my mind. But since we paid good money for this attorney, we are upset that she was able to forget the documents. But we're learning from this and we'll be filling for the AOS on our own.

 

But now we just have to pray that they'll just ask for an RFE at this point, and not deny our case. I do believe that they accept this supplemental packet since it's gonna be send in after we already have our case number and whatnot.

Yes.. Since you're in the situation you're thinking worst of the worst! Honestly... there's no chance they'd deny it because of that. They'd only deny if you're married or you show fake citizenship proof or something. If your case is simple and they see the US citizenship proof is missing (and for some reason haven't received the supplement package) they'd send you an RFE! Don't fret about it :-)

[Juliette2784 130]

The same thing happened to us I was divorced and they had my divorce decree and when they sent a copy of my 129f I seen it was not there and I called and they said I had to wait and they would send it as a supplement and they did two weeks later but I have heard nothing we filed feb 13th 2018. They acted like it was no big deal that it would only hold up two weeks if anything but we the same paid a lot of money and have been together a long time with all the delays and then this If I could turn back time I would never have hired a lawyer but I have a busy career and thought I could trust in an immigration attorney who has done this for 22 years . Unbelievable I wish you all the best and my issue is we planned a wedding and that the final preparation for the wedding I planned we would be together and with a RFE that would really be upsetting time wise and to be an error on the attorneys end is just so horrible I just hope they receive the supplement but I will be calling and finding out if there is a way I can know 

Edited March 29, 2018 by Juliette2784

[SilverMonk 194]

On 3/28/2018 at 9:21 PM, Juliette2784 said:

The same thing happened to us I was divorced and they had my divorce decree and when they sent a copy of my 129f I seen it was not there and I called and they said I had to wait and they would send it as a supplement and they did two weeks later but I have heard nothing we filed feb 13th 2018. They acted like it was no big deal that it would only hold up two weeks if anything but we the same paid a lot of money and have been together a long time with all the delays and then this If I could turn back time I would never have hired a lawyer but I have a busy career and thought I could trust in an immigration attorney who has done this for 22 years . Unbelievable I wish you all the best and my issue is we planned a wedding and that the final preparation for the wedding I planned we would be together and with a RFE that would really be upsetting time wise and to be an error on the attorneys end is just so horrible I just hope they receive the supplement but I will be calling and finding out if there is a way I can know 

Hey there, I saw you got your noa2, im still waiting on mine. So I take it that your divorce decree make its way to your file after all?

[Juliette2784 130]

yes It did thank God but I did call the USCIS and spoke to an officer who explained to me how that works when you send a supplement so I was confident about that after a while but in the beginning I was outraged and I did hire another attorney for the second part of our visa lol when you pay all that money you should not have to do nothing but be in love and wait and be able to ask questions throughout the  process

I now know that if you have a lawyer that does not make you happy then get another one because this is peoples marriage but thank you for asking about that

[gatitabella 0]

On ‎1‎/‎20‎/‎2018 at 1:20 PM, Tea_pgtips said:

All you'll need to do now is wait for an RFE ( Request for additional evidence) and send the missing documents then.. Normally they approve applications pretty quickly once you send it over so don't worry about it too much. I think your lawyer is incredibly negligent as you are probably spending a lot of money and you could have filed yourself using this forum. You probably would do 1000 x better job than the lawyer. You won't get denied over it, worst case scenario is that they don't get the supplementary package and they'll just send an RFE.

Where in this forum can I get information of what I need to do next after receiving my NO2 in the mail, and I called today to the NVC to obtain my case # and my invoice id #.  What is my next step?  Thanks in advance.

[SilverMonk 194]

12 hours ago, Juliette2784 said:

yes It did thank God but I did call the USCIS and spoke to an officer who explained to me how that works when you send a supplement so I was confident about that after a while but in the beginning I was outraged and I did hire another attorney for the second part of our visa lol when you pay all that money you should not have to do nothing but be in love and wait and be able to ask questions throughout the  process

I now know that if you have a lawyer that does not make you happy then get another one because this is peoples marriage but thank you for asking about that

Yeah, my fiancee keeps wanting to go with another lawyer but we paid for the entire K-1 visa process already. So if we choose to go with another lawyer then we'll lose a lot of money. But were still debating on what we should do. Our case is still pending and were worried, mad, sad, frustrated lol 

[Juliette2784 130]

Just now, SilverMonk said:

Yeah, my fiancee keeps wanting to go with another lawyer but we paid for the entire K-1 visa process already. So if we choose to go with another lawyer then we'll lose a lot of money. But were still debating on what we should do. Our case is still pending and were worried, mad, sad, frustrated lol 

Did you call uscis and ask to speak to a tier 2 officer make sure they connect you because the first person will ask you a script of questions and make you think they are going to do something just insist you speak to a tier 2 also contact your senators office and get help from them it takes about five min to fill out a request if you don’t mind doing it I did that also