Case Denied

[Ketsuban 1,034]

I'm not sure if you can report him to the state bar? I honestly don't know if that is a worthy complaint. That's such a basic requirement for an I-129F that I question whether he could possibly handle complicated cases. If he knew you wouldn't get approved at all and mislead you on that I would even go so far as to say he stole your money. I'm so sorry you had to experience that. 

[W199 333]

3 hours ago, PWC said:

Sorry Everyone for not responding till now. I was cut off since I am a newer member of the website. I've read all your responses. I have a lawyer, they never explained to me that we must meet prior to filing. He did said, Quote " Hey Peter, you are supposed to meet prior to filing, but sometimes there is an exception to the meeting requirement" End Quote

 

Which is quickest please, K1 now that we have met, or go there marry her and file a CR-1?

 

Also I don't know if any of you are lawyer or know if I can demand my money back from my lawyer since he should have know clearly that immigration would deny based on the fact we did not meet yet before filing. I paid him $5000.00 for the filing.

 

I will update you all with what the paper says once I get it.

 

 

 A lawyer has a legal code of ethics and responsibilities when they represent you.  They are liable for legal malpractice if their grievous mistake causes harm to you.  In this case though the lawyer did warn you that you needed to meet. It is theoretically possible that USCIS could waive the requirement if he applied for a waiver. Did he even apply for a waiver of the 2 year meeting requirement?  However, he should have informed you that the chances of the waiver being approved is nearly 0%.  No one is getting them approved. On one hand "Sometimes get approved" doesn't seem to imply that it happens often and you accepted the risk. On the other hand, "sometimes" is misleading as he should have said "rarely to never" do they ever approve such waivers, you should wait and meet first and have you sign a paper to state that you understand the risks and waive him of resposibility".   He also should have applied for a waiver.  

 

If he didn't even apply for a waiver, and misled you and didn't advise your chances are unlikely, then it seems to be neglicance that caused harm and made you lose over a year of your life. 

 

I would ask him if he applied for a waiver, and tell him other lawyers told you they never approve them due to covid or similar reasons, and that it was legal malpractice, and you want a refund or else you will report him and file a legal malpractice case against him.

 

Or alternatively, since he did warn you, and you paid him already, see if he will agree to fixing it for you by filing again and doing the CR-1. Was his fee a fixed fee or a deposit for the number of hours he needs to work? That 5K should include all the follow up work of doing a DS-160, I-134, interview practice ... which obviously won't happen at this point unless he fixes it.

 

For myself, I used a paralegal Filipino agency that don't sign the form and don't take that legal liability, but they did a much better job than a specialist immigration lawyer that reviewed their work for me (via my legal plan at work).  The lawyer advised a change which the paralegal said would likely result in losing 6 months of time.  the agency was also much better in other subtle ways and advised differently on some matters. The agency does far more I-129F at $600 than the lawyer does for $5K .. 

[W199 333]

Also, someone called into the Hacking immigration youtube channel, and said their lawyer did the same thing, and they got denied. But their lawyer didn't even warn them. Let just say that  Hacking immigration is not a company that does "free or volunteer work", but in this case that outraged Hacking and he told the caller that he will get his money back for him for free.

Edited August 20, 2023 by W199

[Redro 4,611]

3 hours ago, PWC said:

Sorry Everyone for not responding till now. I was cut off since I am a newer member of the website. I've read all your responses. I have a lawyer, they never explained to me that we must meet prior to filing. He did said, Quote " Hey Peter, you are supposed to meet prior to filing, but sometimes there is an exception to the meeting requirement" End Quote

 

Which is quickest please, K1 now that we have met, or go there marry her and file a CR-1?

 

Also I don't know if any of you are lawyer or know if I can demand my money back from my lawyer since he should have know clearly that immigration would deny based on the fact we did not meet yet before filing. I paid him $5000.00 for the filing.

 

I will update you all with what the paper says once I get it.

 

 

I'm so sorry the lawyer led you astray

Questions: 

1.) Did they apply for a waiver giving reasons why it was impossible for the two of you to meet? 

2.) Did you send in evidence of your meeting after you applied for the K1?

3.) What does your vacation time look like? Are you able to travel to to Thailand or meet your partner in a third country in the next 6 months or so?

4.) Is it important your partner is able to work or travel outside the US for the first 1 of their time in the US or is the plan for them to be a stay at home wife and look after the house?

5.) Do you live in a place where it is easy to get around with public transport or is it important for both people to have their own transport?

 

[SalishSea 17,819]

7 hours ago, PWC said:

Sorry Everyone for not responding till now. I was cut off since I am a newer member of the website. I've read all your responses. I have a lawyer, they never explained to me that we must meet prior to filing. He did said, Quote " Hey Peter, you are supposed to meet prior to filing, but sometimes there is an exception to the meeting requirement" End Quote

 

Which is quickest please, K1 now that we have met, or go there marry her and file a CR-1?

 

Also I don't know if any of you are lawyer or know if I can demand my money back from my lawyer since he should have know clearly that immigration would deny based on the fact we did not meet yet before filing. I paid him $5000.00 for the filing.

 

I will update you all with what the paper says once I get it.

 

 

You got taken for a ride by a greedy and incompetent lawyer.

 

 

[PWC 24]

5 hours ago, W199 said:

 A lawyer has a legal code of ethics and responsibilities when they represent you.  They are liable for legal malpractice if their grievous mistake causes harm to you.  In this case though the lawyer did warn you that you needed to meet. It is theoretically possible that USCIS could waive the requirement if he applied for a waiver. Did he even apply for a waiver of the 2 year meeting requirement?  However, he should have informed you that the chances of the waiver being approved is nearly 0%.  No one is getting them approved. On one hand "Sometimes get approved" doesn't seem to imply that it happens often and you accepted the risk. On the other hand, "sometimes" is misleading as he should have said "rarely to never" do they ever approve such waivers, you should wait and meet first and have you sign a paper to state that you understand the risks and waive him of resposibility".   He also should have applied for a waiver.  

 

If he didn't even apply for a waiver, and misled you and didn't advise your chances are unlikely, then it seems to be neglicance that caused harm and made you lose over a year of your life. 

 

I would ask him if he applied for a waiver, and tell him other lawyers told you they never approve them due to covid or similar reasons, and that it was legal malpractice, and you want a refund or else you will report him and file a legal malpractice case against him.

 

Or alternatively, since he did warn you, and you paid him already, see if he will agree to fixing it for you by filing again and doing the CR-1. Was his fee a fixed fee or a deposit for the number of hours he needs to work? That 5K should include all the follow up work of doing a DS-160, I-134, interview practice ... which obviously won't happen at this point unless he fixes it.

 

For myself, I used a paralegal Filipino agency that don't sign the form and don't take that legal liability, but they did a much better job than a specialist immigration lawyer that reviewed their work for me (via my legal plan at work).  The lawyer advised a change which the paralegal said would likely result in losing 6 months of time.  the agency was also much better in other subtle ways and advised differently on some matters. The agency does far more I-129F at $600 than the lawyer does for $5K .. 

I totally agree he caused harm to me and a loss of my life and time. The lawyer from what I can remember never said anything about having to meet her prior to filing. He only now said, there are circumstances that USCIS will waive. This was after I brought all this information I learned from here to his attention. I will be talking with this lawyer tomorrow and I will be asking for all the money back. I will explain to him how he has stressed me to the point of depression. All this time I thought we were at the end of the processing to only find out that its more likely than not that the K1 was denied due to the fact we did not meet prior to filing and my lawyer never said anything about this requirement. I have lost so much sleep over all of this this past week. Last night was like a record skipping and replaying a lyric over and over. I kept playing over in my head, I need to fly to Thailand and marry her, I need to fly to Thailand and marry her, over and over. And the cost of it was also repeating in my head throughout the night. When I woke up, my face literally hurt. 

 

It looks like I need to do a CR-1. It really looks like the best option at the moment. I have also reached out to a senator, not that this will help. But I am going to bring to his attention this lawyer and what had happened. I don't expect any fantastic results, but I am going to try.

 

16.5 plus months, lost, thinking we were close to finally living our lives together.

 

Hopefully tomorrow I get the paperwork USCIS sent me giving me the reason for the case being denied.

 

So much stress.

 

I will continue to keep you all posted. I would like to thank you all for your responses. It really means a lot to me that so many people are willing to help guide me through all this.

[W199 333]

It takes about 2-3 business days for the letter to go out, then about 5 days for the slow USPS to deliver it.  I filed my case at end of August 2022, got my notice a few weeks ago, it was  issued on Thursday, postmarked on the following Monday, then received the letter in the mail  a week from Saturday. so 9 days for me.

 

Also, I heard that will send the notice directly to your lawyer, not you.

 

I wonder what else your lawyer did wrong to take 16.5 months? How many pages was your i-129F?

 

In anycase, tell him other immigration lawyers, such as Hacking told you it is legal malpractice and you want 100% money back or you will sue him for punitive damages as well, report him to he Bar, and post what he did to you all over the internet and give him honest but bad reviews everywhere you can.  

 

The K-1's are speeding up now, about 50% of the people notified within 12 months of filing, and every month this slowly speeds up.  You should check with the T/hai embassy by iniitiating a DS-160 .. and see how long it takes to get an interview for a K-1 vs CR-1. In Manila a K-1 interview date only takes about 3 weeks now. CR-1 are on hold

 

You do not need to do a CR-1, you can re-file for a K-1.  Since you only met her 1 time, a K-1 and a prenup might be prudent. But if you are 100% certain in this, a CR-1 does have many advantages, and a little easier to get approved at the embassy level.  In the long run, a few months longer for either one is not going to be signficant and will soon be long forgotten once she is here. Just do the one that makes the most sense for you based on the pros and cons and using your head.  A Thai wedding is nice, I did one a long time ago. 

 

[PWC 24]

2 hours ago, W199 said:

It takes about 2-3 business days for the letter to go out, then about 5 days for the slow USPS to deliver it.  I filed my case at end of August 2022, got my notice a few weeks ago, it was  issued on Thursday, postmarked on the following Monday, then received the letter in the mail  a week from Saturday. so 9 days for me.

 

Also, I heard that will send the notice directly to your lawyer, not you.

 

I wonder what else your lawyer did wrong to take 16.5 months? How many pages was your i-129F?

 

In anycase, tell him other immigration lawyers, such as Hacking told you it is legal malpractice and you want 100% money back or you will sue him for punitive damages as well, report him to he Bar, and post what he did to you all over the internet and give him honest but bad reviews everywhere you can.  

 

The K-1's are speeding up now, about 50% of the people notified within 12 months of filing, and every month this slowly speeds up.  You should check with the T/hai embassy by iniitiating a DS-160 .. and see how long it takes to get an interview for a K-1 vs CR-1. In Manila a K-1 interview date only takes about 3 weeks now. CR-1 are on hold

 

You do not need to do a CR-1, you can re-file for a K-1.  Since you only met her 1 time, a K-1 and a prenup might be prudent. But if you are 100% certain in this, a CR-1 does have many advantages, and a little easier to get approved at the embassy level.  In the long run, a few months longer for either one is not going to be signficant and will soon be long forgotten once she is here. Just do the one that makes the most sense for you based on the pros and cons and using your head.  A Thai wedding is nice, I did one a long time ago. 

 

Thank You. After learning the benefits of the CR-1. I think this is the best way to go. This way when she is finally here she can work fairly soon. And if anything at home is happening emergency wise she can travel back without any issues. Whereas the K1 visa she must remain in the US for months before being able to travel home again if needed.

[SalishSea 17,819]

3 hours ago, PWC said:

I totally agree he caused harm to me and a loss of my life and time. The lawyer from what I can remember never said anything about having to meet her prior to filing. He only now said, there are circumstances that USCIS will waive. This was after I brought all this information I learned from here to his attention. I will be talking with this lawyer tomorrow and I will be asking for all the money back. I will explain to him how he has stressed me to the point of depression. All this time I thought we were at the end of the processing to only find out that its more likely than not that the K1 was denied due to the fact we did not meet prior to filing and my lawyer never said anything about this requirement. I have lost so much sleep over all of this this past week. Last night was like a record skipping and replaying a lyric over and over. I kept playing over in my head, I need to fly to Thailand and marry her, I need to fly to Thailand and marry her, over and over. And the cost of it was also repeating in my head throughout the night. When I woke up, my face literally hurt. 

 

It looks like I need to do a CR-1. It really looks like the best option at the moment. I have also reached out to a senator, not that this will help. But I am going to bring to his attention this lawyer and what had happened. I don't expect any fantastic results, but I am going to try.

 

16.5 plus months, lost, thinking we were close to finally living our lives together.

 

Hopefully tomorrow I get the paperwork USCIS sent me giving me the reason for the case being denied.

 

So much stress.

 

I will continue to keep you all posted. I would like to thank you all for your responses. It really means a lot to me that so many people are willing to help guide me through all this.

While your lawyer certainly wronged you, I strongly suggest that going forward, you do your own reading and become educated on whichever process you choose.  No one cares more about it than you do, so it is unwise to blindly turn it over to even someone you're paying.   You're 100% responsible for knowing the eligibility for the petitions you submit, as well as all of the content, regardless of whether it is submitted through counsel or not.

Edited August 21, 2023 by SalishSea

[Redro 4,611]

57 minutes ago, PWC said:

Thank You. After learning the benefits of the CR-1. I think this is the best way to go. This way when she is finally here she can work fairly soon. And if anything at home is happening emergency wise she can travel back without any issues. Whereas the K1 visa she must remain in the US for months before being able to travel home again if needed.

@PWC

this might be a good happy mistake.

Spousal visa timelines are all over the place you can check a post I made a few months ago…

 

[TBoneTX 45,264]

3 hours ago, W199 said:

you want 100% money back or you will sue him for punitive damages as well, report him to he Bar, and post what he did to you all over the internet and give him honest but bad reviews everywhere you can

It's really dangerous to threaten a lawyer with specifics.  Perhaps:  "I want 100% of my money refunded to me by (x) date, or I'll have no choice but to pursue other avenues.  I also want all correspondence sent to you by USCIS, whether it's in your hands now or it's received later."

 

Be polite but firm, and don't lose your head in anger or threats.  If you do this verbally, it's crucial to confirm it in writing:  "Per our discussion on [date], I requested [...].  Thank you in advance for your responsiveness."  Send the letter certified mail/receipt.

Edited August 21, 2023 by TBoneTX

[PWC 24]

Does anyone here know of any immigrations lawyers in the USA that are from Thailand? I am in the midst of planning another trip to Thailand to marry my fiance to then apply for the CR-1.

 

[PWC 24]

Does anyone know when I file the I-130 do I continue to use the case number from when I filed the K1 Visa?

[Crazy Cat 41,832]

3 minutes ago, PWC said:

Does anyone know when I file the I-130 do I continue to use the case number from when I filed the K1 Visa?

No, The I-130 is a new case.  The I-129f case number, if denied, is dead. 

[Crazy Cat 41,832]

One option, which I don't think has been mentioned in this thread, is to marry via a Utah Online Marriage, meet each other, then file the I-130.  The meeting can be short & sweet, but a meeting either during or after the online marriage MUST happen before USCIS will recognize the marriage.  

Marrying via Utah Online marriage results in an official marriage certificate from the state of Utah.

Edited August 22, 2023 by Crazy Cat