cutenurse300

I m feeling terrible now after so long waiting and after RFE sended on july the 8 th our application got denied!Our lawyer just called us with this terrible news ...and we got to file again from the beginning!Reason is that the time we filed our petition my fiance (US) divorce wasn t finalized..in MA the divorce is final after 90 days!!
So starting again from the beginning!!!
I m so depressed now..why did they even asked a RFE THEN

Elenfair

Aw, cutenurse, I'm terribly sorry

It's too bad (and surprising) that your lawyer didn't pick up on this before now... which center are you going through again? Is there anything you can do to expedite? Or would it be possible for you to marry and to do a K3 which, in some cases, may be faster than a K1 (if you're gonna go through Nebraska... whee...)

Hang in there...

Elly

tbiller

I'm so sorry to hear that. Perhaps you need a better lawyer if something that basic was missed??

Hang in there my dear - it'll all come out in the wash (quaint English phrase) don't worry.

Can he come and visit you in the meantime?

Hypertweeky

That is such a sad story.. I am very sorry.. if there is anything I can do.. let me know.
We are here to support you!!!

MrsLondon

Sorry to hear that, but if you are in Australia could he come there so you can DCF?

Dekka's Angel

I imagine they asked for an RFE in the hopes that the paperwork in front of them was not all there was to say on the question of when your fiance became a single person again. People often send nisi decrees, for example, when they already have absolute decrees.

I'm sorry that you have this delay. I agree that *if* you told your lawyer that your fiance's divorce was not yet final under the applicable law, the lawyer should have deferred filing on your behalf because the requirement that the parties be single before filing an I-129F is crystal clear, and s/he should be held to task. If, however, you did not disclose the interim status of your decree to your lawyer, and he is not from your fiance's state of origin (such that it might occur to him that it takes 3 months to finalize a divorce after an interim decree), I think all you should do is move on because a lawyer can only work with what s/he is given (in computer language, GIGO is the operative acronym). DCF is definitely an option to minimize time for Aussies if that's where you are really from (your sig says you are from Austria not Oz, so I'm not sure now based on Mrs. London's comment). I think everyone who has done it would recommend it highly - and even if you are from Austria this option might indeed be available to you.

Good luck to you.

cutenurse300

Well i think we re in the worst situation!!!My US fiancee tried to apply for his passport and got denied for it also,so he can t even come over to visit me!!The reason is that when he went back to college he didn t paid his childhoodsupport..so we re trapped in this situation!Just waiting again for Vermont!

thing1

She is from AUSTRIA...not Australia.

I'm sorry to hear about your I-129F denial but Vermont, even though backed up at the moment, is still the fastest service center.

Don't give up. You'll get your approval in the end.

Folinskyinla

Hi:

You've hit on a pet peeve of mine. The government has a principle which they invariably apply -- you can't file "early" before you are eligible for the status. However, the case law they cite for this deals with immigrant visa categories which have numerical restrictions and early filing would set up a "priority date."

There is no "priority date" issue with Fiance visas or "immediate relative" I-130's. In the naturalization arena, it is possible to file a naturalization application "early" [by statute now limited to 90 days] as long as you are qualifed on date of approval. Before the 1976 amendments, INS would allow you to file an adjustment "early" if the visa bulletin showed a "priority date" cut-off less than two months earlier than your priority date. In the immigrant visa context, consulates & NVC still do a lot of the work prior to the priority date coming current. NVC will start the I-864 and "packet 3" [in quotes because the name has been abandoned but old habits die hard] based upon projections of when the Priority Date will be reached in the future.

To those posters criticizing the lawer, I have not seen actual paperwork of the MA divorce. Does the divorce decree have the date of the actual divorce or any language on it indicating the 90 day waiting period? I went to a "Continuing Legal Education" program on legal ethics and the speaker noted that ALL lawyers are going to make mistakes with the example of missing a statute of limitations. The lawyers obligation is to fix such mistakes as best they can, and perhaps be liable in damages. The other type of errors are ones that go to "moral character" and an attorney's duties of "loyalty" -- in the corporate context, this can be quite tricky in the wake of Enron, et al..

However, BCIS has told what the problem is and how to fix it. So go fix it.

cutenurse300

Well the lawyer knew about the 90 days and said it wouldn t be a problem,but there was nothing from 90 days on the paper..anyways he said he doesn t has to send in the whole case,just a paper that we "Refile" the whole case.Well here we go again!

jeffreyhy

Cute,

This kind of thing (failure to pay child support) really is frowned on. Possibly you may have picked yourself a real winner?

cutenurse300

He s able to get a passport now,but has to pay §5000

Mrtravel

jeffreyhy wrote:
    > Cute,
    > This kind of thing (failure to pay child support) really is frowned on.
    > Possibly you may have picked yourself a real winner?
    >

Agreed and being in college is not an excuse.
I worked full time for most of my full time college career.
It wasn't easy, but it was necessary.

anggraeni

i am so sorry to hear that. hang in there, friend!

everything is beautiful in His time...
anggraeni

Folinskyinla

Hi:

**I** would send in a whole duplicate package including a copy of the prior denial.