please please help

[jade2004 0]

Guys, please help me....I have a friend who hired a lawyer to do her immigration papers, so after jerking her around, blah blah blah...now they have filed them for a k1 visa...and they are actually already married....is this okay??? What will she do from here??? Also, she filed her I129f the day after mine...has an noa1 date of 3/28/07 and hasn't heard another word....I told her to call uscis monday because it is wayyyy over the 180 day mark now, but i am really unsure about k1's....anyone offer any advice???

thanks in advance

jade

[archie07 0]

Guys, please help me....I have a friend who hired a lawyer to do her immigration papers, so after jerking her around, blah blah blah...now they have filed them for a k1 visa...and they are actually already married....is this okay??? What will she do from here??? Also, she filed her I129f the day after mine...has an noa1 date of 3/28/07 and hasn't heard another word....I told her to call uscis monday because it is wayyyy over the 180 day mark now, but i am really unsure about k1's....anyone offer any advice???

thanks in advance

jade

She filed for the wrong visa, she needs to file for K3 if she is already married.

[misa 2]

archie is right, they need to file for a K3. They should probably contact USCIS to cancel the K1.

[Dakine 26]

Fire the lawyer. Send in a cancellation notice for the K1 and start over with a CR-1 or K3!

CR-1 is a much cheaper, easier and MUCH a better visa than a K3.

[Sand 5]

she need to file K-3 visa.

[pushbrk 13,073]

she need to file K-3 visa.

The couple is married. There are two different spouse visa options. K3 is one of them. See the "Guides" for details.

The USC needs to fire the lawyer and send a notice to "Withdraw" the I-129F petition. "We have married." is the only explanation needed. I wouldn't address the issue of the wrong petition being filed or that the marriage occured before filing. Just file the next petition with accurate information.

Just curious though. An I-129F for fiance petition requires as supporting documentation, letters of intent to marry from the beneficiary and petitioner. Didn't your friends feel a bit funny about stating they were single and intending to marry in the US within 90 days of his/her arrival?

[jade2004 0]

Yes, she actually thought all of it was a little fishy and didn't understand anything....after the first mess up by them, she told the lawyer to give her money back and she would do it herself and they told her please let us help you, this is really a complicated thing, blah blah...they just kept insisting that she was doing the right thing...omg...so does this mean they will have to start all over again guys or can she just file the i130 and the 129f will continue to process???

thankyou all sooo very much

[ding 1]

Yes, starting over is much better than fraud against the USA DHS.

It may take months to cancell the K1 too. But I hear you can file K3 anyway.

[maekai05 0]

They must cancel K-1 visa.. If she enterned with the wrong visa, then they will have upcoming nightmare..

see the website below that this married couple enterned with K-1 visa by mistake, and had terrible nightmare for 9 years. They should be very careful what kind of visa she is entring with..

http://www.visajourney.com/news/2007/07/19...val-to-reunite/

[pushbrk 13,073]

Yes, she actually thought all of it was a little fishy and didn't understand anything....after the first mess up by them, she told the lawyer to give her money back and she would do it herself and they told her please let us help you, this is really a complicated thing, blah blah...they just kept insisting that she was doing the right thing...omg...so does this mean they will have to start all over again guys or can she just file the i130 and the 129f will continue to process???

thankyou all sooo very much

Yes, they must withdraw the I-129F petition and start over, in that order, immediately if not sooner.

[archie07 0]

This was an immigration lawyer that did this?

[jade2004 0]

not sure if it was an immigration lawyer, i will have to ask and see...i had no idea this was going on until a few days ago--we were discussing and i was like...wait a minute...this doesn't sound right at all...so i wanted to ask some of you guys your opinions...greatly appreciate it and will pass on the info

[MargotDarko 0]

Yes, she actually thought all of it was a little fishy and didn't understand anything....after the first mess up by them, she told the lawyer to give her money back and she would do it herself and they told her please let us help you, this is really a complicated thing, blah blah...they just kept insisting that she was doing the right thing...omg...so does this mean they will have to start all over again guys or can she just file the i130 and the 129f will continue to process???

thankyou all sooo very much

As pushbrk says, they must start over. The current I-129f has incorrect information on it, which is a very serious problem. The I-129f must be filed again as a married couple wishing to apply for the K3 visa. They should not do anything new until the incorrect I-129f has been canceled.

[july052007 0]

the lawyer need to be fired! geeeeez... we were once a victim of incompetent lawyer for filing our K1 before.. better to act at once so as to avoid delays!!!! file I130 faaaaaast!!!