My immigration attorney did not front load my I-130

[IloveDanang 38]

Need your opinion guys(pushbrk, if you're around).

 

I read a lot about front loading and how it's crucial to the success of your case.  But my attorney just submitted the I130, marriage certificate, her birth certificate, passport photos(her's and mine), and my documents.  They did include 28 pictures of us together, our wedding, and our honeymoon.  

 

We also have flight boarding passes together, boarding passes of family members, hotel receipts,  marriage jewelry receipts, communication via Zalo and Viber, money transfer receipts.

 

I asked about it, and he said to bring these to the interviews.  But some lawyers on youtube said that the consulate officers make their decisions ahead of the interview based on their review of the cases.  These reviews include seeing as much info as possible.  Should I feel nervous?

[payxibka 10,047]

2 minutes ago, IloveDanang said:

Need your opinion guys(pushbrk, if you're around).

 

I read a lot about front loading and how it's crucial to the success of your case.  But my attorney just submitted the I130, marriage certificate, her birth certificate, passport photos(her's and mine), and my documents.  They did include 28 pictures of us together, our wedding, and our honeymoon.  

 

We also have flight boarding passes together, boarding passes of family members, hotel receipts,  marriage jewelry receipts, communication via Zalo and Viber, money transfer receipts.

 

I asked about it, and he said to bring these to the interviews.  But some lawyers on youtube said that the consulate officers make their decisions ahead of the interview based on their review of the cases.  These reviews include seeing as much info as possible.  Should I feel nervous?

What consulate always helps

[IloveDanang 38]

Just now, payxibka said:

What consulate always helps

Ho Chi Minh City

 

[payxibka 10,047]

Just now, IloveDanang said:

Ho Chi Minh City

 

If it was a K-1 I might say you missed an opportunity.  For an I-130 you will probably be OK

[IloveDanang 38]

4 minutes ago, payxibka said:

If it was a K-1 I might say you missed an opportunity.  For an I-130 you will probably be OK

 

I didn't know there was such a big difference between the two. 

[payxibka 10,047]

10 minutes ago, IloveDanang said:

 

I didn't know there was such a big difference between the two. 

It is called an already existing marriage.  The standard is different 

[bakphx1 789]

Front loading is more important the more your country is a high fraud country and if anything about the relationship doesn't look right. If you have red flags front-loading could be more important. Your attorney probably felt that it wasn't necessary because of the country you're in and that your case looked pretty standard. 

 

I front-loaded for example, but I never got feedback on what they really looked at and much of it may have been ignored. The time that front-loading is more important is if you have information that might be necessary beyond just the pictures and the certificates, because if something results in a denial what is in the case already is what is sent back for further review. People have complained that what they brought wasn't looked at sometimes. But that seems to be more an issue when you have a high fraud country or you might think there are other problems with the case. So there isn't a one-size-fits-all answer.

Edited May 8, 2018 by bakphx1

[geowrian 22,338]

The real difference with an I-130 is you can "side load" at NVC after I-130 approval. With an I-129F, this is not an option as NVC only has the case for days.

 

I disagree on the need (or not) for frontloading differing for an I-129F (fiance/fiancee) vs I-130 (spouse). The type of visa being applied for should have no bearing on the CO determining if the relationship or marriage meets the requirements for showing if it is bona fide or not.

Edited May 8, 2018 by geowrian

[pushbrk 13,260]

4 hours ago, geowrian said:

The real difference with an I-130 is you can "side load" at NVC after I-130 approval. With an I-129F, this is not an option as NVC only has the case for days.

 

I disagree on the need (or not) for frontloading differing for an I-129F (fiance/fiancee) vs I-130 (spouse). The type of visa being applied for should have no bearing on the CO determining if the relationship or marriage meets the requirements for showing if it is bona fide or not.

The bold "should" statement above is an opinion I tend to agree with but "should" and "doesn't" are not the same thing.  There is wide variation even from Consulate to Consulate in the different levels of scrutiny given to fiance cases vs spouse cases.  HCMC gives treats spouse and fiance cases differently as to scrutiny but it is at a high level for both.  Bangkok, for example, seems to give very little scrutiny to K-1 cases in comparison to the scrutiny they give CR1/IR1 cases.  

 

Some IV units shift the actual "immigration" decision in a fiance case to USCIS at Adjustment of Status time, but know THEY are making the immigrant decision in a spouse case.  Others treat them very similarly.

 

IMO, the lawyer missed an opportunity to front load and that was a mistake.  Although the case file can be side loaded, the Consular Officer is not required to consider evidence not already seen by USCIS before petition approval.  Often they don't.  

[cyclone27 710]

I front loaded since I knew the HCMC consulate could be challenging otherwise. The way I looked at it was only paper and added a bit of additional time.

 

The CO never looked at any evidence my wife brought to the intereview. I got the impression it was more about confirming the decision he had already made prior. 

[rbzdjyummy 32]

In my opinion, you should front load your petition for Vietnam since it is a highfraud country.  Include pictures together, wedding pictures, pictures with the family, chats, emails, call logs, flights, visa stamps proving you went to Vietnam, dam hoi pictures, affidavit of support letters from friends, all of that.  What you can do now since you haven't done that is make a copy of you NOA1 and send all of those documents into the service center that has your petition.  Good luck my friend.

[Liam2021 587]

That lawyer is bad,but don't worry you got another opportunity to side load at NVC .

[rbzdjyummy 32]

Fire the Lawyer, you don't need them.

[pushbrk 13,260]

6 hours ago, H&T said:

That lawyer is bad,but don't worry you got another opportunity to side load at NVC .

Which may or may not be considered.

[pushbrk 13,260]

5 hours ago, rbzdjyummy said:

Fire the Lawyer, you don't need them.

You have no idea whether the OP "needs" a lawyer or this lawyer.  All you know is some opinions about an opportunity lost to front load the petition with relationship evidence.