cutenurse300

Thank you Bob for your support and we definately will go for it again!!!

Matthew Udall

If the attorney knew the divorce was not final and filed the case prematurely anyway, than I would agree with your above statement, Ron. A beginner attorney (new to immigration law) is likely to make a beginner mistake or two, just like a non-attorney handling his or her first and only case.


M.U.

Mrtravel

Matthew Udall wrote:

    > Originally posted by Ron P
    >
    >
    >>I find it had to believe the lawyer didnt know about this, but if that
    >>is true, you dont have an immigration lawyer, you have a lawyer who is
    >>not familiar with immigration law
    >

    > If the attorney knew the divorce was not final and filed the case
    > prematurely anyway, than I would agree with your above statement, Ron. A
    > beginner attorney (new to immigration law) is likely to make a beginner
    > mistake or two, just like a non-attorney handling his or her first and
    > only case.
    >

I may be a bit hard on attorneys, but I would expect even a beginning
attorney to know the requirement for filing I-129F for a fiance is that
both parties must be able to marry at the time of filing. After all,
this is in the instructions, isn't it?

cutenurse300

Hi Matthew,
Our lawyer knew about the divorce and we even asked him if it wasn t better to wait,but he said we could try anyways and the worst case would be to let us wait but not from being denied.We tought we hired a good "Boston immigrationlawyer",but we re very dissapointed now!

Matthew Udall

Again, if the attorney knew the divorce was not yet final but filed anyway, that says to me that your fiancée selected an attorney who obviously did not know this “very basic� eligibility requirement relating to fiancée visa submissions.

Don’t judge how good an attorney is by where it is they practice. Granted, Boston is a fabulous city and I enjoyed my stay there very much during a recent national AILA conference, but I would tend to want to know how many prior fiancée cases he had worked prior to yours and not so much where he is located in the U.S.

This “Pasadena� (CA.) based attorney would have spotted the issue and would not have made that same beginner mistake.

tupperwareparty

i dont know if there is such a thing as legal mal-practice, but this is pretty close to it.

That is a very obvious thing, Many people have had to wait for a final divorce before filing.

This is the most incredible story I have seen in a long time

Folinskyinla

Hi:

I happen to agree with Matt that this happens to be a fairly basic requirement. However, I don't all the particulars of this case and there are sometimes little quirks in there that might have made the case different or taken out of the field of malpractice.

I don't have to think very hard of several scenarios where the attorney reasonably believed this to be true. A reasonable, but mistaken, belief is not malpractice. However, again, I don't know all the ins and outs of this case.

Ron P

this story has ruined my day....


"Matthew Udall" <member3997@british_expats.com> wrote in message
news:[email protected]...
    > Originally posted by cutenurse300
    > > Hi Matthew,
    > > Our lawyer knew about the divorce and we even asked him if it wasn t
    > > better to wait,but he said we could try anyways and the worst case
    > > would be to let us wait but not from being denied.We tought we hired a
    > > good "Boston immigrationlawyer",but we re very dissapointed now!
    > >
    > Again, if the attorney knew the divorce was not yet final but filed
    > anyway, that says to me that your fiancée selected an attorney who
    > obviously did not know this "very basic" eligibility requirement
    > relating to fiancée visa submissions.
    > Don't judge how good an attorney is by where it is they practice.
    > Granted, Boston is a fabulous city and I enjoyed my stay there very much
    > during a recent national AILA conference, but I would tend to want to
    > know how many prior fiancée cases he had worked prior to yours and not
    > so much where he is located in the U.S.
    > This "Pasadena" (CA.) based attorney would have spotted the issue and
    > would not have made that same beginner mistake.
    > --
    > Posted via http://britishexpats.com

mrpink

Saying for months?? You only registered here four days ago! (unless, of course, you'd already registered here under a different name, that is). Actually now you mention it, you do seem somehow familar...

Mr Pink
~and SecretGarden
~~knowing me knowing you, Aha!

P.S. to Cutenurse, sorry to hear your news, good luck, hope everything works out for the two of you

Leslie

You know, I really wanted to post that, and now that you did I'm a bit jealous.

Leslie

There you go again Mr. Pink. Being mean to the newbies. LOL

Hansey

For the record, I was divorced in Massachusetts, and the process was as follows:

1) About a week after the court date, we (my ex and I) each received a "Findings and Order" approving the divorce itself and the terms of the separation agreement. This also included a separate enclosed note that stated that the "Judgment of Divorce Nisi" would be automatically entered 30 days from the date of the Findings.

2) Sure enough, exactly one month later, we received our "Judgment of Divorce Nisi" which included the phrase "...and that upon the expiration of ninety days from the entry of this judgment, it shall become and be absolute..."

Therefore I never considered myself divorced until 90 days from the date of that Judgment, and the attorney that handled cutenurse's case shouldn't have either.

I'm so sorry to hear about the denial, cutenurse, that's the absolute worst thing I can think of that could happen... I hope once you refile it all goes through quick! Be thankful that at least you get to file with Vermont.. I know I am!

.

things are a little bit different now from tha past. K1 takes quite a bit
longer now because the embassies have been ordered to do more than what they
used to do under the solo state department.


"Elenfair" <member9538@british_expats.com> wrote in message
news:[email protected]...
    > 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
    > --
    > Elly, waiting patiently in Canada
    > 1st NOA Feb. 19, 2003
    > 2nd NOA Sept 12 2003!!!
    > Posted via http://britishexpats.com

Mrtravel

. wrote:

    > things are a little bit different now from tha past. K1 takes quite a bit
    > longer now because the embassies have been ordered to do more than what they
    > used to do under the solo state department.

What do you mean by "under the solo state department"?

.

Leave the should and would somewhere else in this case. The problem has
alread been occurred. Solving it is the only problem.


"mrtravel" <[email protected]> wrote in message
news:[email protected]...
    > tbiller wrote:
    > > Originally posted by Mrtravel
    > >
    > >
    > >>cutenurse300 wrote:
    > >
    > >>>He s able to get a passport now,but has to pay §5000
    > >
    > >
    > >
    > >>$5000 for what?
    > >
    > >
    > >>A legitimate passport from anywhere shouldn't cost $5000
    > >
    > > Re-read the thread Mike. It's apparently what he owes in back child
    > > support and they won't issue him a passport until he coughs it up.
    > >
    > >
    > If the $5000 was for child support, the post should have said it.
    > He should have worked out the CS issue before going to college.