Wrong name written on form i130

[Dbrennan 121]

Hi everyone,

basically I’ve been having a lot of issues with my attorney. Ive been trying to get them to send me the documents that they sent to USCIS for the past three weeks with them just telling me “we’ll send it tomorrow” and other excuses. I finally got the forms in my email this morning at 3 am. I was scanning through the filled out documents and noticed that the attorney misspelled my name on part 4a, the beneficiary’s family name. She added an extra letter. The rest of the parts of the documents that include  my last name all look fine besides 4a. I was wondering if this could mess things up with the application? Or if there’s anything I could do?

[Nitas_man 3,100]

You must have signed these documents before they were sent?

[Dbrennan 121]

7 minutes ago, Nitas_man said:

You must have signed these documents before they were sent?

My attorney had me print and sign the unfilled documents and send them to her (I don’t live near her), and then she filled the documents out with the info she got from me over the phone 

[C90 376]

45 minutes ago, Dbrennan said:

Hi everyone,

basically I’ve been having a lot of issues with my attorney. Ive been trying to get them to send me the documents that they sent to USCIS for the past three weeks with them just telling me “we’ll send it tomorrow” and other excuses. I finally got the forms in my email this morning at 3 am. I was scanning through the filled out documents and noticed that the attorney misspelled my name on part 4a, the beneficiary’s family name. She added an extra letter. The rest of the parts of the documents that include  my last name all look fine besides 4a. I was wondering if this could mess things up with the application? Or if there’s anything I could do?

Yes, this could cause a problem, since your passport won't match with the application. You can report a typo via https://egov.uscis.gov/e-request/displayTypoForm.do?entryPoint=init&sroPageType=typoError. I would also contact USCIS with the case number and ask them if there's anything else you have to do. 

[Dbrennan 121]

4 minutes ago, C90 said:

Yes, this could cause a problem, since your passport won't match with the application. You can report a typo via https://egov.uscis.gov/e-request/displayTypoForm.do?entryPoint=init&sroPageType=typoError. I would also contact USCIS with the case number and ask them if there's anything else you have to do. 

I still haven’t gotten my receipt from uscis With the case number. I’m just so confused with everything to do with my case, it seems like my attorney just keeps feeding me lies and excuses 

[C90 376]

Just now, Dbrennan said:

I still haven’t gotten my receipt from uscis With the case number. I’m just so confused with everything to do with my case, it seems like my attorney just keeps feeding me lies and excuses 

I'm sorry to hear that. I would advice you to do every other process yourself. We did our K1 and AOS ourselves and were just fine.

 

Did your attorney already send the documents? If not, correct it yourself, check if everything is right and send it off. If he/she already did, wait for your NOA1 and let your petitioner call (USCIS is not allowed to give you any info) to check if correcting it online is good enough. You might get an RFE for the fact that your birth certificate doesn't match the form OR if you have a nice officer they might just take your name from your birth certificate and not even bother sending your fiance anything  

[Lil bear 4,347]

17 minutes ago, Dbrennan said:

My attorney had me print and sign the unfilled documents and send them to her (I don’t live near her), and then she filled the documents out with the info she got from me over the phone 

Never ever anywhere sign non completed documents 

sorry this happened to you...but it’s just unwise to do so 

[Dbrennan 121]

1 minute ago, C90 said:

I'm sorry to hear that. I would advice you to do every other process yourself. We did our K1 and AOS ourselves and were just fine.

 

Did your attorney already send the documents? If not, correct it yourself, check if everything is right and send it off. If he/she already did, wait for your NOA1 and let your petitioner call (USCIS is not allowed to give you any info) to check if correcting it online is good enough. You might get an RFE for the fact that your birth certificate doesn't match the form OR if you have a nice officer they might just take your name from your birth certificate and not even bother sending your fiance anything  

Yeah I’m realizing now I should have done it myself. I just figured earlier that I’m a 21 year old girl that doesn’t know anything about the law or immigration so my best bet would be to hire someone. 

My attorney claims to have sent my petition in, but that was in October and I still haven’t received any NOA1/ receipt and it’s been three months. I’ve periodically called USCIS to have them check if I’m in the system and the NOA1 somehow got lost in the mail but every time there’s been no record of my petition. They said there’s zero reason why it should be taking this long if my attorney submitted the petition when she said she did 

[C90 376]

Just now, Dbrennan said:

Yeah I’m realizing now I should have done it myself. I just figured earlier that I’m a 21 year old girl that doesn’t know anything about the law or immigration so my best bet would be to hire someone. 

My attorney claims to have sent my petition in, but that was in October and I still haven’t received any NOA1/ receipt and it’s been three months. I’ve periodically called USCIS to have them check if I’m in the system and the NOA1 somehow got lost in the mail but every time there’s been no record of my petition. They said there’s zero reason why it should be taking this long if my attorney submitted the petition when she said she did 

Sorry, but your attorney is telling you BS. I understand it's overwhelming. NOA1 usually takes 1-3 weeks after they got it, not 3 months. If USCIS has nothing on file with your or your fiance's name, I would talk to your attorney. Do you know with which courier they sent it? Usually you can track your package, easiest way to find out if it's really sent and if so, why it is still not delivered.

[Nitas_man 3,100]

1 hour ago, Dbrennan said:

My attorney had me print and sign the unfilled documents and send them to her (I don’t live near her), and then she filled the documents out with the info she got from me over the phone 

Your attorney had you sign “I reviewed and understand everything in this petition” before it was filled out?  You’ve been ripped off.

You can re-file but you have to pay again. 

Lesson learned.  Hate to hear when things like this happen.

 

Read what you signed near the bottom.  You sign it after not before the package is filled out.

 

Edited January 12, 2019 by Nitas_man

[pushbrk 13,167]

1 hour ago, C90 said:

Yes, this could cause a problem, since your passport won't match with the application. You can report a typo via https://egov.uscis.gov/e-request/displayTypoForm.do?entryPoint=init&sroPageType=typoError. I would also contact USCIS with the case number and ask them if there's anything else you have to do. 

There's another opportunity to correct the spelling, when the actual visa application and affidavit of support are submitted at the NVC stage.  No need to panic now.

 

[Lil bear 4,347]

1 hour ago, Dbrennan said:

Yeah I’m realizing now I should have done it myself. I just figured earlier that I’m a 21 year old girl that doesn’t know anything about the law or immigration so my best bet would be to hire someone. 

My attorney claims to have sent my petition in, but that was in October and I still haven’t received any NOA1/ receipt and it’s been three months. I’ve periodically called USCIS to have them check if I’m in the system and the NOA1 somehow got lost in the mail but every time there’s been no record of my petition. They said there’s zero reason why it should be taking this long if my attorney submitted the petition when she said she did 

How did you pay ? Did you pay the lawyer personally or supply the lawyer with a check payable to USCIS? If the second , has the check been presented ?  If the first I would be strongly threatening to report the lawyer to their state regulator and requesting an immediate and full refund. 

[Dbrennan 121]

21 hours ago, Lil bear said:

How did you pay ? Did you pay the lawyer personally or supply the lawyer with a check payable to USCIS? If the second , has the check been presented ?  If the first I would be strongly threatening to report the lawyer to their state regulator and requesting an immediate and full refund. 

I paid my lawyer fees to them, but I paid the money to USCIS through a money order. Do you think I would be able to get a full refund? 

[Lil bear 4,347]

21 minutes ago, Dbrennan said:

I paid my lawyer fees to them, but I paid the money to USCIS through a money order. Do you think I would be able to get a full refund? 

If you are able to find out when /if your money order was presented and cashed you would have some hard facts. Without facts, it’s your word against the lawyers. If you find the money order has only just been presented and cashed you may have some success in confronting the lawyer. However the excuse may be given that the lawyer posted the application and USCIS lost it. If this excuse was given to me I would be asking why the lawyer didn’t follow it up sooner themselves. But you might just need to take the hit and refine and pay again .