Seeking some advice

[LeftMyHeartInMNL 0]

Hello,

After a horrible experience with an attorney who promised that he "had done 100's of Philippine cases" (he didn't know what the "barcode" was, and didn't know ANYTHING about parental consent forms) .... my wife finally came to the US. We didn't know anything about filing, and upon the direction of this "skilled attorney", we filed a K3 visa (we were married in Manila two months before beginning the filing).

We later found out that he likely filed a K3 visa for us (which doesn't automatically have an adjustment of status included) so that he might be able to suck us for more money in hopes that we retain him for the adjustment. After the initial $3,000 spent, he told me that the he would charge $1,700 for us to change the status. Not a chance (if anyone is in San Francisco, and wants to know who this "skilled" attorney is, drop me a line).

Anyway, we now have a visa on my wife's passport that is good for 2 years (multiple entry). But I want to file for her change of residency. The problem is, USCIS at the airport (SFO) kept all her paperwork. I did fly to Manila to to get her, but her visa was delayed because our "skilled" attorney didn't tell us about the parental consent form. I had to return for work, and she followed two weeks later (she was alone coming through immigration at the airport). In order to apply for change of residency, we need the marriage certificate (which USCIS retained). They also have her medical records (which I need). They also have my tax information and my afidavit of support (these last two, I can replace). But the medical and marriage, not so easily. Is this normal procedure for USCIS to keep all our paperwork? Do they forward to us? Is there a number I can call to inquire about the retained paperwork? And lastly, do I have any recourse as a result of my attorney's apparent incompetence?

Also, I believe we can freely come and go to/from Manila for the next two years (back into the US) on the current K3 visa (pls correct me if I'm wrong). But if we do apply for the change of status, are we restricted in our travel? If so, what are the restrictions?

Thanks in advance for all advice.

G

Edited September 5, 2007 by LeftMyHeartInMNL

[kitkat1 5]

You are required to turn in the paperwork at the POE. They will send it to your local USCIS office.

Report the attorney to your local state bar association.

[Dakine 26]

You can order NSO MCs, BCs online!

https://www.ecensus.com.ph/Secure/frmindex.asp

Would be nice to have the vaccination form DS 3025 from St.Lukes but not necessary. When she goes to Designated Civil Surgeon he should be able do vaccination records without the DS 3025 on the I-693a.

She "should" have 2 years Multiple entry with the K3 unless USCIS takes the I-94 at the AOS interview as they did my wifes.

Not normal procedure tho.

Lawyer blew it more as he should have had you get multiple certified copies of the NSO documents relating to your case. You/she will definitely need the NSO MC certificate down the line.

Thank your lucky stars she made it here at all with your lawyer "helping".

Edited September 5, 2007 by beckypua

[Jasman0717 9]

You are required to turn in the paperwork at the POE. They will send it to your local USCIS office.

Report the attorney to your local state bar association.

Especially the attorney part

[payxibka 10,047]

The problem is, USCIS at the airport (SFO) kept all her paperwork.

There is no problem as this is standard procedure. I hope you or you "ace" attorney kept copies....