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cutenurse300
09-22-2003, 09:14 AM
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


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Elenfair
09-22-2003, 09:16 AM
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!!!


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tbiller
09-22-2003, 09:17 AM
Originally posted by 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



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?


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Hypertweeky
09-22-2003, 09:33 AM
:(:( 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!!! :):)


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MrsLondon
09-22-2003, 09:35 AM
Sorry to hear that, but if you are in Australia could he come there so
you can DCF?


--
Married to an American


Posted via http://britishexpats.com

Dekka's Angel
09-22-2003, 09:45 AM
Originally posted by 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



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.


--
Dekka's Angel


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cutenurse300
09-22-2003, 09:50 AM
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!


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thing1
09-22-2003, 09:51 AM
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. :)


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Folinskyinla
09-22-2003, 09:51 AM
Originally posted by 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



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.


--
Certified Specialist
Immigration & Nat. Law
Cal. Bar Board of Legal Specialization


Posted via http://britishexpats.com

cutenurse300
09-22-2003, 09:56 AM
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!


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Posted via http://britishexpats.com

jeffreyhy
09-22-2003, 09:57 AM
Cute,



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



Originally posted by 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!


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Posted via http://britishexpats.com

cutenurse300
09-22-2003, 10:07 AM
He s able to get a passport now,but has to pay §5000


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mrtravel
09-22-2003, 10:14 AM
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
09-22-2003, 10:16 AM
i am so sorry to hear that. hang in there, friend! :)



everything is beautiful in His time...

anggraeni


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Folinskyinla
09-22-2003, 10:36 AM
Originally posted by 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!



Hi:



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


--
Certified Specialist
Immigration & Nat. Law
Cal. Bar Board of Legal Specialization


Posted via http://britishexpats.com

cutenurse300
09-22-2003, 10:40 AM
Well the whole divorce is finalized since the beginning of july..so
completly legally divorced...don t even understand then why they asked a
RFE...they should have denied then from the beginning,cuz we sended them
the finalized sealed divorce certificate!


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cutenurse300
09-22-2003, 10:44 AM
Hi Folinskyinla,



Ye probably the best thing to send the whole package,even our lawyer
told that wouldn t be necessairly...but we don t wana have more risks
tough.Thank you for your help!


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Posted via http://britishexpats.com

Ron P
09-22-2003, 10:56 AM
The Sept 03 thread started by Catwhiskers covered this subject , which is
interesting, but too late with the information I guess. 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,. and you would be better off without him. He could likely
cause you more trouble down the road.

Dont get me wrong, I think this is realy awful news. I wouldnt be able to
handle it myself.



"cutenurse300" <member13197@british_expats.com> wrote in message
news:976155.1064247290@britishexpats.com... 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 -- Posted via http://britishexpats.com

cutenurse300
09-22-2003, 11:05 AM
We ALL knew that but our lawyer told us it wouldn t make any difference
and that we could start the case already..cuz the 90 days would be over
anyways at july the 6 th


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mrtravel
09-22-2003, 11:07 AM
cutenurse300 wrote: 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!!

Did both your fiance and his attorney not know it wasn't final until
after 90 days? I would have expected this to have come up at some point
in the divorce process, especially if he had a fiance at the time.

dwaarf2
09-22-2003, 11:09 AM
hey i am so sorry to hear this , but you arent alone in this mistake we
did the same thing got denied because the decree absolute happened 1
week after we filed in the first place .....

just go back and re-file again , we contacted his congress liason about
it and she helped us get the 2nd filing expedited we got our approval
last week through her .......


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mrtravel
09-22-2003, 11:17 AM
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

mrtravel
09-22-2003, 11:19 AM
cutenurse300 wrote:
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!

Your lawyer should pay for the fees to refile. Most of the people on
this newsgroup know that you have to be able to marry at the time of
filing the I-129F for a fiance.

mrtravel
09-22-2003, 11:20 AM
cutenurse300 wrote:
Hi Folinskyinla, Ye probably the best thing to send the whole package,even our lawyer told that wouldn t be necessairly...but we don t wana have more risks tough.Thank you for your help!

At this point I would be doubtful of anything that attorney (not
Folinskyinia) says. He failed on a simple point of filing for I-129F...
You can not file unless you are able to marry at the time of filing.

Kae
09-22-2003, 11:28 AM
<smiles> If there's something I've learn over the months I've been
reading this newsgroup, it's that when the lawyers who help people on
these boards recomend something, it's always very sound advice. They
are all very capable lawyers and good people. :)


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tbiller
09-22-2003, 11:31 AM
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.



That's a lot of child support. Sheesh.


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cutenurse300
09-22-2003, 11:37 AM
Well anyways,our lawyer is gona send me overnight the papers back that i
have to sign and then we re back in the game.Ofourse we have to cancel
and rebook our Vegas Dezember wedding!We don t have all the luck,cuz we
had to wait 2 years for his divorce,but most importantant we got the
biggest love!!!


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mrtravel
09-22-2003, 12:18 PM
tbiller wrote: Originally posted by Mrtravelcutenurse300 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.

tupperwareparty
09-22-2003, 12:22 PM
I hate to be the bad girl here, and I hate this bad news for you, but I
just have to say, are you sure you didnt realize this, or did you not
want to wait for the final divorce decree because you were like everyone
else and wanting this to go as fast as possible.



I think you chose to ignore what you knew, and hoped for a
favourable outcome.



I think you should be approved, but what you think and I think or anyone
else here thinks doesnt matter. You had to have done reading on all of
this prior to filing, if you didnt, then as always in the legal arena,
ignorance doesnt count.



I think you knew, I think you took a chance, and you lost....





Im sorry you lost , I wish you would have won.


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rnessman
09-22-2003, 12:48 PM
Hi Cute Nurse:



This is terrible news. I was sure you were close to getting an
approval and now this. It has to be so depressing for you right now.
I would take Folinskylina's advice and send them an entire new
application along with the denial. Leaving out previous encounters
only leads to further delays while they put it on the shelf and then
check it out. Once they have to check out something then your
looking at exta months. I am sure this is what happened to us before
we were approved because I did not include a separate letter with
explanation that I had cancelled a previous K1 because it was not
going to work out.

Although its agonizing for you right now if you really love each
other you will get through this and it will happen because other
than the fact you filed too early you have done nothing else wrong
to be denied. Whoever is to blame for this doesn't matter if you
long term goal is to marry this man. So go for it girl!!



Bob the Canadian


--
Bob


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cutenurse300
09-22-2003, 01:07 PM
Thank you Bob for your support and we definately will go for it again!!!


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Matthew Udall
09-22-2003, 01:10 PM
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.





M.U.


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mrtravel
09-22-2003, 01:33 PM
Matthew Udall wrote:
Originally posted by Ron PI find it had to believe the lawyer didnt know about this, but if thatis true, you dont have an immigration lawyer, you have a lawyer who isnot 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
09-22-2003, 01:34 PM
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!


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Matthew Udall
09-22-2003, 01:48 PM
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.


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Posted via http://britishexpats.com

tupperwareparty
09-22-2003, 01:52 PM
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


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Posted via http://britishexpats.com

Folinskyinla
09-22-2003, 02:10 PM
Originally posted by Mrtravel

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?



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.


--
Certified Specialist
Immigration &amp; Nat. Law
Cal. Bar Board of Legal Specialization


Posted via http://britishexpats.com

Ron P
09-22-2003, 02:16 PM
this story has ruined my day....


"Matthew Udall" <member3997@british_expats.com> wrote in message
news:976800.1064263709@britishexpats.com... 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

Hansey
09-22-2003, 02:51 PM
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!


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.
09-22-2003, 03:05 PM
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:976158.1064247399@britishexpats.com... 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
09-22-2003, 03:13 PM
.. 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"?

.
09-22-2003, 03:13 PM
Leave the should and would somewhere else in this case. The problem has
alread been occurred. Solving it is the only problem.


"mrtravel" <mrtravel@sbcglobal.net> wrote in message
news:wWHbb.1$j26.544945@newssvr13.news.prodigy.com ... tbiller wrote: Originally posted by Mrtravelcutenurse300 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.

lpdiver
09-22-2003, 03:13 PM
Originally posted by 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

AllI can add is that anger and hate will net you nothing but an ulser.
Learn from your mistake, determine the root cause an move on. If you are
uncomfortable with your old attorney get another and move on. Don't get
sucked into wasting time and energy on the past errors. (Lots of luck
litigating against a lawyer)



Anthony Y Angela



"Patience is a virtue and everybody should have one" or maybe from the
old poster of a vulture looking over a clean road..."patience my
@ss..'I'm gonna Kill something' "


--
Posted via http://britishexpats.com

.
09-22-2003, 03:14 PM
Follow what the government has told you.


"cutenurse300" <member13197@british_expats.com> wrote in message
news:976343.1064252677@britishexpats.com... Hi Folinskyinla, Ye probably the best thing to send the whole package,even our lawyer told that wouldn t be necessairly...but we don t wana have more risks tough.Thank you for your help! -- Posted via http://britishexpats.com

mrtravel
09-22-2003, 03:17 PM
.. wrote:
Leave the should and would somewhere else in this case. The problem has alread been occurred. Solving it is the only problem.

Are you suggesting that opinion be banned from the newsgroup and we have
no right expressing our feelings on someone deciding not to pay child
support and using the excuse that it was because they went to college?
Sorry, there are quite a few fathers that manage to attend college and
work to support their families. Newsgroups are a proper place for opinions.

Ron P
09-22-2003, 03:33 PM
what is the name of the lawyer? Do you live in australia cutenurse?





"Ron P" <ronnyp@aol.com> wrote in message
news:qBGdnfm1evkM-_KiXTWJjw@comcast.com... this story has ruined my day.... "Matthew Udall" <member3997@british_expats.com> wrote in message news:976800.1064263709@britishexpats.com... 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

tupperwareparty
09-22-2003, 05:12 PM
i wonder is the USC is leveling with cutenurse.



there is just something wrong here.





I dont believe that cutenurse has been told the truth here


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Andrew DeFaria
09-22-2003, 05:14 PM
cutenurse300 wrote:
Hi Folinskyinla, Ye probably the best thing to send the whole package,even our lawyer told that wouldn t be necessairly...but we don t wana have more risks tough.Thank you for your help!

Your "lawyer" also said it wouldn't be a problem. Question is do you
trust him now? I wouldn't. Perosnally I'd ask for a refund! I would also
report him to ALIA. I happen to believe in giving credit where credit is
due but likewise giving blame where blame is due (if it is truly due
that is)! If I were to be his next client I sure would appreciate it if
his previous clients pointed out how satisfied or unsatisfied they were
with his service.
===
Obligatory witty line: I thought about how mothers feed their babies
with tiny little spoons and forks so I wondered, what do Chinese mothers
use? Toothpicks?

Ron P
09-22-2003, 05:35 PM
Something is wrong here. Someone has allowed the process to be sabatoged on
purpose. The directions are just as clear as they can be... You have to be
free and clear to marry. Its all over the place...

Something doesnt add up here.

"lpdiver" <member15505@british_expats.com> wrote in message
news:976961.1064268834@britishexpats.com... Originally posted by 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 AllI can add is that anger and hate will net you nothing but an ulser. Learn from your mistake, determine the root cause an move on. If you are uncomfortable with your old attorney get another and move on. Don't get sucked into wasting time and energy on the past errors. (Lots of luck litigating against a lawyer) Anthony Y Angela "Patience is a virtue and everybody should have one" or maybe from the old poster of a vulture looking over a clean road..."patience my @ss..'I'm gonna Kill something' " -- Posted via http://britishexpats.com

cutenurse300
09-22-2003, 07:30 PM
Please don t judge about our lives..it s a very difficult time,but we
have to go trough this.

And my fiance told me the truth,there are no lies in this case,nothing
like that,so don t judge about this case..unless you have been in this
situation.

I just wanted to post it to avoid that anyone else would make this
mistake,and i wish everybody good luck!!!


--
Posted via http://britishexpats.com

tupperwareparty
09-22-2003, 07:40 PM
what is your next move now?



Surely you dont have to start all over again.


--
Posted via http://britishexpats.com

cutenurse300
09-22-2003, 07:46 PM
Well tupperwareparty...we have to refile the case..and ye we have to
start the waiting from the beginning...starting counting the days again


--
Posted via http://britishexpats.com

Tuts
09-22-2003, 08:27 PM
cutenurse300 <member13197@british_expats.com> wrote in message news:<976155.1064247290@britishexpats.com>... 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

We (my fiancee and I) deeply sympathize Cutenurse. I can only say that
be strong and dont get discourage. LOVE conquers ALL. Since you
learned a lot of this already from the experience and this NG, I would
rather suggest you do it yourself now. No, lawyer. Coz he should know
the problem in first place. Well, just hang on my friend. This happen
for a reason or two. But always remember, God knows whats best for
you! so cheer up!

Tuts & Bujs

Endymion
09-22-2003, 08:55 PM
Originally posted by 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



Ohhh, sweetheart- I just cannot believe what I just read- I am so very
very sorry.



I will write more later- what an awful start to the day...



Please keep your chin up- nothing can keep you from your loved one.



I know it must sound stupid- but I will pray that now that Vermont is
speeding up again you will go through the follow-up application like
a breeze...



Thinking of you-



Hug from Germany,



Rebecca.


--
VSC-Timeline: 06/05/03 NOA 1 ... 06/26/03 RFE ... 07/10/03 Info back at VSC ... 09/19/03 congressman contacted ... the rest is silence


Posted via http://britishexpats.com

Andrew DeFaria
09-22-2003, 10:04 PM
cutenurse300 wrote:
Please don t judge about our lives..it s a very difficult time,but we have to go trough this. And my fiance told me the truth,there are no lies in this case,nothing like that,so don t judge about this case..unless you have been in this situation. I just wanted to post it to avoid that anyone else would make this mistake,and i wish everybody good luck!!!

I don't think that people judging as much as they are saying that this
is a possibility. Sure you're in love and you have little reason to
doubt your beloved. But then again these things do happen too. It's just
something to consider as a possibility. Sure everybody thinks this could
not happen to them, that their loved one is indeed telling the truth,
and indeed they might. Then again they might not also or they may be
leaving out some critical detail about something. It's just something to
check.

Assuming that things are what they say they are I'm sure everybody here
feels your pain and wishes they could help in some way.

Personally I would feel horrified by the actions or inactions of your
lawyer and would want some form of "compensation". He has put you two in
a terrible situation and there is no reason why you should have to bear
that burden. Again, as I said before, I think that people should be held
accountable to their actions and when they screw up it should be called
out big time. That's why I say you should report such an obvious
oversight to the proper authorities, in this the ALIA assuming he's a
member, so that other people down the road can benefit from your
experience. If it was truly a mistake (as simple of a mistake as it
seems) it should be noted so that he will have motivation to correct the
mistake.

Hopefully something can be done so as to push your application along.
===
Obligatory witty line: The beatings will continue until morale improves.

Ron P
09-22-2003, 11:08 PM
"Ron P" <ronnyp@aol.com> wrote in message
news:C_Wdnfy7-P4mqvKiU-KYhA@interferon.net.. The Sept 03 thread started by Catwhiskers covered this subject , which is interesting, but too late with the information I guess. 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,. and you would be better off without him. He could likely cause you more trouble down the road. Dont get me wrong, I think this is realy awful news. I wouldnt be able to handle it myself. "cutenurse300" <member13197@british_expats.com> wrote in message news:976155.1064247290@britishexpats.com... 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 -- Posted via http://britishexpats.com

davewilliams
09-23-2003, 04:03 AM
Just a thought - Cutenurse, is it possible you two can meet up in
Canada and get married there to start the I-130/K3 route which can
often be quicker?



Correct me if I'm wrong, but I think a USC can visit Canada with just
his driving licence instead of a passport?



Dave


--
Posted via http://britishexpats.com

jaque_n_mohammed
09-23-2003, 05:44 AM
I have no faith in lawyers now. I paid $1,500.00 plus $500.00 for
forms, only to have the lawyer send our 129F for K3 to Nebraska, and
not Chicago. I told him for 5 months that I thought his paralegal made
a mistake. Now he had to send a letter to Nebraska to get it sent to
Chicago. I think we use the attorney's thinking it will make things
easier, but I see not all of us benefit from them.
waiting patiently,
Jaque
I130 March 18 2003
I129F April 18 2003
trying to get K3

Leslie66
09-23-2003, 06:28 AM
<SNIP>

Obligatory witty line:


The beatings will continue until morale improves.



<SNIP>





Andrew,



Your witty lines slay me. :D



Leslie


--
Posted via http://britishexpats.com

lpdiver
09-23-2003, 06:53 AM
Originally posted by Jaque_n_mohammed
I have no faith in lawyers now. I paid $1,500.00 plus $500.00 for
forms, only to have the lawyer send our 129F for K3 to Nebraska, and
not Chicago. I told him for 5 months that I thought his paralegal made
a mistake. Now he had to send a letter to Nebraska to get it sent to
Chicago. I think we use the attorney's thinking it will make things
easier, but I see not all of us benefit from them.
waiting patiently,
Jaque
I130 March 18 2003
I129F April 18 2003
trying to get K3



Caveat Emptor. Sorry for your delay.



Tony


--
Posted via http://britishexpats.com

davewilliams
09-23-2003, 06:58 AM
Originally posted by Jaque_n_mohammed
I have no faith in lawyers now. I paid $1,500.00 plus $500.00 for
forms, only to have the lawyer send our 129F for K3 to Nebraska, and
not Chicago. I told him for 5 months that I thought his paralegal made
a mistake. Now he had to send a letter to Nebraska to get it sent to
Chicago. I think we use the attorney's thinking it will make things
easier, but I see not all of us benefit from them.
waiting patiently,
Jaque
I130 March 18 2003
I129F April 18 2003
trying to get K3



I think you're a bit unlucky there too. We sent ours to Nebraska in
error, then received an RFE from Chicago just a month later so Nebraska
had obviously forwarded it immediately, to their credit.



Blimey, did I just praise Nebraska????



Dave


--
Posted via http://britishexpats.com

tupperwareparty
09-23-2003, 07:35 AM
what are the requirements for a USC to visit Canada , for say even
just one day?


--
Posted via http://britishexpats.com

cutenurse300
09-23-2003, 07:46 AM
Well thank you all for your support and helping words..it makes it just
a little bit easier!Good luck all!


--
Posted via http://britishexpats.com

Tim Elzinga
09-23-2003, 08:46 AM
tupperwareparty wrote:
what are the requirements for a USC to visit Canada , for say even just one day?

You shouldn't need anything more than a driver's license. I've crossed the
border several times and have never ben asked for anything more than that.

Hope that answers your question.

Tim

John Henry
09-23-2003, 08:59 AM
Originally posted by cutenurse300
Please don t judge about our lives..it s a very difficult time,but we have to go trough this.
And my fiance told me the truth,there are no lies in this case,nothing like that,so don t judge about this case..unless you have been in this situation.
I just wanted to post it to avoid that anyone else would make this mistake,and i wish everybody good luck!!!





Your story just makes me laugh, come on your man is lying to you.


--
Posted via http://britishexpats.com

michelle.Moir
09-23-2003, 09:13 AM
John Henry Rules !!!!

"cutenurse300" <member13197@british_expats.com> wrote in message
news:976155.1064247290@britishexpats.com... 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 -- Posted via http://britishexpats.com

katesuiter1
09-23-2003, 10:11 AM
Originally posted by davewilliams
Blimey, did I just praise Nebraska????
Dave





:confused::confused::confused::eek::eek::eek:



;)



Kate. xxxx:D:D:D


--
Posted via http://britishexpats.com

Daveyboy
09-23-2003, 10:16 AM
I just wanted to say I feel for you in this horrible situation. It puts
all my petty concerns and moans about timelines etc into perspective. I
hope you can both help each other fight your way through this and look
forward not back. Linda and I wish you both a speedy process now and
good luck for the future.

Dave


--
Posted via http://britishexpats.com

cutenurse300
09-23-2003, 10:25 AM
Thank you Dave and Linda,



I could use all your support now..that s why we re on this forum i
think.to help each other and not to judge about the situation we re in
now!But we gota go trough this and by next week hopefuly Vermont got our
case again!


--
Posted via http://britishexpats.com

Endymion
09-23-2003, 10:27 AM
Originally posted by cutenurse300
But we gota go trough this and by next week hopefuly Vermont got our case again!



That's the spirit, girl!!!!



Hugz



Rebecca


--
VSC-Timeline: 06/05/03 NOA 1 ... 06/26/03 RFE ... 07/10/03 Info back at VSC ... 09/19/03 congressman contacted ... the rest is silence


Posted via http://britishexpats.com

cutenurse300
09-23-2003, 10:30 AM
Rebecca,

We re gona go trough this together..you will have your approval this
week..i m praying for you now...and WE WILL have our party in MA...with
a little bit delay tough..lol....


--
Posted via http://britishexpats.com

Endymion
09-23-2003, 10:32 AM
Originally posted by cutenurse300
Rebecca,
We re gona go trough this together..you will have your approval this week..i m praying for you now...and WE WILL have our party in MA...with a little bit delay tough..lol....





Hey- if Vermont speeds up like in the old days again you might get your
approval way before mine ;)- remember Matt Udalls post about the 9-day-
approval??? :D


--
VSC-Timeline: 06/05/03 NOA 1 ... 06/26/03 RFE ... 07/10/03 Info back at VSC ... 09/19/03 congressman contacted ... the rest is silence


Posted via http://britishexpats.com

BritishInOhio
09-23-2003, 10:46 AM
Originally posted by cutenurse300
Rebecca,
We re gona go trough this together..you will have your approval this week..i m praying for you now...and WE WILL have our party in MA...with a little bit delay tough..lol....



Are you going to invite John Henry?!


--
Living it large in Middle America!


Posted via http://britishexpats.com

trentonramsey
09-23-2003, 10:51 AM
she cant invite John Henry, he is banned.



this group will not tolerate anyone who speaks the truth. He told her
that her man was lying and they cant handle it


--
Posted via http://britishexpats.com

cutenurse300
09-23-2003, 10:54 AM
Do you have any idea,it s realy cheap the way you talk..and you have no
idea about our situation,so stop this crap...it s difficult enough and
JUST HAVE RESPECT FOR PEOPLE!!!


--
Posted via http://britishexpats.com

SecretGarden
09-23-2003, 10:54 AM
Originally posted by trentonramsey
she cant invite John Henry, he is banned.

this group will not tolerate anyone who speaks the truth. He told her that her man was lying and they cant handle it



Just so everyone knows, trenton........and I do speak the truth.....

The link to the website that was constructed about my fiance and me was
posted under your username. I'm urging everyone to ignore your nonsense
and let you just go away quietly. I suspect you may be next on the
banned list.



~SecretGarden

~and Mr. Pink (day 117, NSC)


--
Posted via http://britishexpats.com

BritishInOhio
09-23-2003, 10:54 AM
Originally posted by trentonramsey
she cant invite John Henry, he is banned.

this group will not tolerate anyone who speaks the truth. He told her that her man was lying and they cant handle it



I personally thought that was a bit harsh also, espeshily as someone had
suggested that in an earlier post and had not been banned. John Henry
certainly was an *** but I will remember his classic post about being
ball deep before the tyres on the plane had cooled. That must be the
most classic line ever posted on this forum.


--
Living it large in Middle America!


Posted via http://britishexpats.com

katesuiter1
09-23-2003, 10:57 AM
Originally posted by trentonramsey
she cant invite John Henry, he is banned.

this group will not tolerate anyone who speaks the truth. He told her that her man was lying and they cant handle it



This group will not tolerate abuse of any kind, (which John Henry has
been very guilty of), and it will also not tolerate trolls who prey on
vunerable people.

Kate.


--
Posted via http://britishexpats.com

trentonramsey
09-23-2003, 11:03 AM
Originally posted by BritishInOhio

I personally thought that was a bit harsh also, espeshily as someone had
suggested that in an earlier post and had not been banned. John Henry
certainly was an *** but I will remember his classic post about being
ball deep before the tyres on the plane had cooled. That must be the
most classic line ever posted on this forum.


--
Posted via http://britishexpats.com

trentonramsey
09-23-2003, 11:04 AM
just so everyone knows mr pink





the link was posted by secret carrots


--
Posted via http://britishexpats.com

cutenurse300
09-23-2003, 11:11 AM
Thanks Katesuiter!We appreciate that


--
Posted via http://britishexpats.com

katesuiter1
09-23-2003, 11:13 AM
Originally posted by cutenurse300
Thanks Katesuiter!We appreciate that





;)

Kate. xxxxx:D:D:D


--
Posted via http://britishexpats.com

Matthew Udall
09-23-2003, 11:52 AM
Originally posted by Andrew Defaria
I would also report him to ALIA.



The attorney may or may not be a member of the American Immigration
Lawyers Association, but even if he or she is, what is it that you think
AILA can or will do?



Attorney discipline is handled by the State Bar Associations.


--
Posted via http://britishexpats.com

Matthew Udall
09-23-2003, 12:03 PM
Originally posted by davewilliams
Just a thought - Cutenurse, is it possible you two can meet up in Canada and get married there to start the I-130/K3 route which can often be quicker?

Correct me if I'm wrong, but I think a USC can visit Canada with just his driving licence instead of a passport?

Dave



Hi Dave,

I don’t know where cutenurse is located on the planet, but if its not
Canada than the idea of her going to Canada, marrying and filing for a
K-3 might not work out for her.



First, I’ve not been called upon to do a K-3 before, however I was
contacted by someone a week or two ago about “possibly” representing a
couple in a K-3 case. The international spouse lives in a country other
than Canada. She and hubby married in Canada, and since the K-3 must be
processed at a U.S. Consulate in the country where the marriage took
place, that would mean Canada.



I contacted the U.S. Consulate in Vancouver to confirm whether or not
the bride could process her K-3 at the post. Vancouver said that yes,
they process K-3, “however” they will “not” mail their packets to a non-
Canadian address. They actually had the nerve to say if she did not have
a Canadian address, than she would have to simply wait out the I-130 in
her home country. Needless to say, I think their policy in this regard
stinks (Vancouver’s mail room policy thwarts the intent of Congress… the
reason Congress brought about the K-3 in the first place).



This is a situation that I think should be changed, and is a cause worth
fighting for while moving up the chain of command at the U.S. Consulate
in Vancouver.



M.U.


--
Posted via http://britishexpats.com

FlightRisk
09-23-2003, 12:28 PM
Was it a contested no-fault? Non contested is even longer than
contested, 120 days. You should have been notified that this period
must transpire after your court date. MA is pretty bad, lots of states
don't have anything like that. Didn't you have to wait for your divorce
decree? I wouldn't think a state would give you one of those until the
perios was over. A local attorney should have caught that. sorry.
Check out this ling



http://www.cyberstation.net/paralegal/mass.htm



-fr



Originally posted by 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


--
Posted via http://britishexpats.com

tupperwareparty
09-23-2003, 02:33 PM
dwaarf said it happened to him.. and he was able to get the k-1 back on
track... so I would talk to him,,,'


--
Posted via http://britishexpats.com

Andrew DeFaria
09-23-2003, 03:14 PM
Leslie66 wrote:
Obligatory witty line: The beatings will continue until morale improves. Andrew, Your witty lines slay me. :D

I have 344 of them! http://defaria.com/cgi-bin/funnyline.cgi?list=yes

===
Obligatory witty line: If ignorance is bliss, you must be orgasmic.

Guest
09-23-2003, 03:39 PM
Kate this is for you. Why have I not gotten a receipt from Miami for
my AOS I am waiti now 5 weeks. Reply nizwa@webtv.net

ERWIN

mrtravel
09-23-2003, 03:47 PM
davewilliams wrote:
Just a thought - Cutenurse, is it possible you two can meet up in Canada and get married there to start the I-130/K3 route which can often be quicker? Correct me if I'm wrong, but I think a USC can visit Canada with just his driving licence instead of a passport?

He would need some proof of citizenship

Andrew DeFaria
09-23-2003, 04:21 PM
Matthew Udall wrote:
Originally posted by Andrew Defaria I would also report him to ALIA. The attorney may or may not be a member of the American Immigration Lawyers Association,

Understood. If he wasn't an ALIA member then that'd be a big clue right
there that they didn't select the lawyer wisely.
but even if he or she is, what is it that you think AILA can or will do? Attorney discipline is handled by the State Bar Associations.

A couple of things I would think that AILA would do to AILA members.
One, as they do referals, I would expect them to not consider giving a
referal to this lawyer or at least lower his "rating" or whatever.
Secondly I would expect them to report such things to the State Bar.
Thirdly, if enough reports are collected to revoke AILA membership.
===
Obligatory witty line: How do blind people know when they are done wiping?

Folinskyinla
09-23-2003, 06:32 PM
Originally posted by Matthew Udall
Hi Dave,
I don’t know where cutenurse is located on the planet, but if its not Canada than the idea of her going to Canada, marrying and filing for a K-3 might not work out for her.

First, I’ve not been called upon to do a K-3 before, however I was contacted by someone a week or two ago about “possibly” representing a couple in a K-3 case. The international spouse lives in a country other than Canada. She and hubby married in Canada, and since the K-3 must be processed at a U.S. Consulate in the country where the marriage took place, that would mean Canada.

I contacted the U.S. Consulate in Vancouver to confirm whether or not the bride could process her K-3 at the post. Vancouver said that yes, they process K-3, “however” they will “not” mail their packets to a non-Canadian address. They actually had the nerve to say if she did not have a Canadian address, than she would have to simply wait out the I-130 in her home country. Needless to say, I think their policy in this regard stinks (Vancouver’s mail room policy thwarts the intent of Congress… the reason Congress brought about the K-3 in the first place).

This is a situation that I think should be changed, and is a cause worth fighting for while moving up the chain of command at the U.S. Consulate in Vancouver.

M.U.



Matt:



I think this is one of those times you can actually sue the
department of state.


--
Certified Specialist
Immigration &amp; Nat. Law
Cal. Bar Board of Legal Specialization


Posted via http://britishexpats.com

cutenurse300
09-24-2003, 10:07 AM
The lawyer made our package ready again..he s gona appeal and refile the
case...so probably by next week back in the game!

Thanks everybody for your support and good luck all!


--
Posted via http://britishexpats.com

JH's cat
09-24-2003, 11:02 AM
Originally posted by cutenurse300
The lawyer made our package ready again..he s gona appeal and refile the case...so probably by next week back in the game!
Thanks everybody for your support and good luck all!





I hope your lawyer messes it up again. I also think your man is
lying to you.


--
Posted via http://britishexpats.com

Dekka's Angel
09-24-2003, 11:23 AM
Originally posted by cutenurse300
The lawyer made our package ready again..he s gona appeal and refile the case...so probably by next week back in the game!
Thanks everybody for your support and good luck all!



I do have my fingers crossed for you, but I have to ask:



What is the basis for an "appeal"?



An appeal generally lies from misapplication of existing law to a
particular set of facts. In other words, because the adjudicating
agency got something wrong.



I have never heard of an "appeal" when it is clear that the error does
not belong to the government, but to the person seeking relief. Even if
the error did belong to the government (in terms of, for example, advice
rendered by a government employee on the phone), 95% of the time you
still have no appellate relief.



Perhaps you mean an application for a special exception of some kind in
your case?



I ask this question in sincerity, since as you have described everything
I for the life of me cannot imagine the basis for an appeal. The
government did everything right on this one. As hard as that is to
swallow. And I wonder if you guys are just wasting time filing
"appeals" instead of starting all over.



Again, the question is asked in all sincerity, and if the
immigration gurus can educate me on this one if my gut is wrong, I'd
be in their debt.


--
Dekka's Angel


Posted via http://britishexpats.com

katesuiter1
09-24-2003, 12:00 PM
Originally posted by JH's cat
I hope your lawyer messes it up again. I also think your man is lying to you.



No-one cares what you think anymore......YAWN.

Kate.


--
Posted via http://britishexpats.com

mrtravel
09-24-2003, 02:28 PM
JH's cat wrote: I hope your lawyer messes it up again. I also think your man is lying to you.

I must have missed something. All I know so far is that they filed
before the divorce was final. Why do you think he is lying?

JohnCindy
09-25-2003, 02:55 AM
Surely you should have know that you can't file until you have the
final decree document in your hand. You HAVE to send a copy of that
with all the documents you send to the BCIS. You should have known
that (especially from reading stuff here and from the BCIS website) and
your lawyer should have known it. Do you have a copy of it yet to
send off???


--
Posted via http://britishexpats.com

michelle.Moir
09-25-2003, 03:14 AM
Cutenurse. Let me know you want to do it and I will send you my email
address and you can send me back your fiances name and location. I will run
a complete background check on him for free. I know you think he is okay, I
am not attacking you. I will run a background check for free and also can do
more that cant be posted here.


"katesuiter1" <member6776@british_expats.com> wrote in message
news:980796.1064430034@britishexpats.com... Originally posted by JH's cat I hope your lawyer messes it up again. I also think your man is lying to you. No-one cares what you think anymore......YAWN. Kate. -- Posted via http://britishexpats.com

JohnCindy
09-25-2003, 07:22 AM
The divorce came final allready since the end of june..so ofcourse we
sended that already in before.Good luck all!


--
Posted via http://britishexpats.com

JohnCindy
09-25-2003, 08:16 AM
Well if that is when his divorce was final that is not the reason for
your being denied. So he submitted a copy of the final divorce decree
did he? You have contradicted yourself several times here.


--
Posted via http://britishexpats.com

JohnCindy
09-25-2003, 08:20 AM
Its too bad they did not accept the divorce decree that you sent in. I
am just guessing they dont allow that because they dont want to handle
all the extra paperwork from divorces filed after the fact.



It would be nice if they would have just accepted it, so you
could go on.



good luck from this point on.



My USC has a lawyer, and now we are double checking everything he
has done lol


--
Posted via http://britishexpats.com

JohnCindy
09-25-2003, 08:41 AM
Originally posted by tupperwareparty
Its too bad they did not accept the divorce decree that you sent in. I am just guessing they dont allow that because they dont want to handle all the extra paperwork from divorces filed after the fact.




Bad guess which you shouldn't have made if you had read this thread and
the clear statements contained therein about what the law says, or even
your own I-129F (but if you are who I think you are, our resident troll,
this failure to read makes perfect sense).



BCIS didn't accept it because that decree makes no difference to the
application that was rejected. The OP was not fully, finally and
completely single on the day the I-129F was filed. An after-acquired
divorce is not good enough - the law is clear that one must be single on
the day the application is filed.



Now that they have what is required to file, I assume their lawyer will
in fact re-file (I"m still trying to sort what basis for an appeal there
is in this situation, but I'm just a regular old lawyer and not an
immigration lawyer /shrug).


--
Dekka's Angel


Posted via http://britishexpats.com

JohnCindy
09-25-2003, 10:35 AM
well?


--
Posted via http://britishexpats.com

JohnCindy
09-25-2003, 10:36 AM
Originally posted by Dekka's Angel
Bad guess which you shouldn't have made if you had read this thread and the clear statements contained therein about what the law says, or even your own I-129F (but if you are who I think you are, our resident troll, this failure to read makes perfect sense).

BCIS didn't accept it because that decree makes no difference to the application that was rejected. The OP was not fully, finally and completely single on the day the I-129F was filed. An after-acquired divorce is not good enough - the law is clear that one must be single on the day the application is filed.

Now that they have what is required to file, I assume their lawyer will in fact re-file (I"m still trying to sort what basis for an appeal there is in this situation, but I'm just a regular old lawyer and not an immigration lawyer /shrug).



Hi Angel:



Actually, as I noted above, the LAW is not clear on this one. However,
the PRACTICE of BCIS is. I, for one think, that BCIS is flat out wrong
on this one. But it ain't worth fighting it out.


--
Certified Specialist
Immigration &amp; Nat. Law
Cal. Bar Board of Legal Specialization


Posted via http://britishexpats.com

JohnCindy
09-25-2003, 11:11 AM
Originally posted by Folinskyinla
Hi Angel:

Actually, as I noted above, the LAW is not clear on this one. However, the PRACTICE of BCIS is. I, for one think, that BCIS is flat out wrong on this one. But it ain't worth fighting it out.



Thanks for clarifying that for me (and others) - I admit I interpreted
things as having more certainty than they do!


--
Dekka's Angel


Posted via http://britishexpats.com

JohnCindy
09-25-2003, 11:34 AM
Originally posted by Dekka's Angel
Thanks for clarifying that for me (and others) - I admit I interpreted things as having more certainty than they do!



Hi Angel:



The law can be mighty strange at times. One of my favorite items on
"conflicts" is the following scenario:



H marries W-1

H "marries" W-2

H divorcesW-1.



Are H and W-2 validly married? If the "marriage" takes place in
California, then the answer is not only "no" it is "definitely not".



However, take a look at what happens if the "marriage" takes place in
Texas -- then H-1 and W-2 ARE married -- the act completing the marriage
being the divorce.



Now, I wonder what if the following scenario in Texas [and I don't know
the answer, but its fun to speculate].



H-1 marries W-1

H-1 "marries" W-2

H-1 and W-2 separate without any annulment or divorce

W-2 then marries H-2

H-1 divorces W-1.



Query: who is W-2 married to?


--
Certified Specialist
Immigration &amp; Nat. Law
Cal. Bar Board of Legal Specialization


Posted via http://britishexpats.com

JohnCindy
09-25-2003, 11:39 AM
Originally posted by Folinskyinla

H-1 marries W-1
H-1 "marries" W-2
H-1 and W-2 separate without any annulment or divorce
W-2 then marries H-2
H-1 divorces W-1.

Query: who is W-2 married to?



Two trains leave Chicago at 9:10 p.m. One is carrying 100 people and
going 90 mph.......



Ow, my head hurts now Folinsky! Make it stop! :)



~SecretGarden

~and Mr. Pink (Day 119, NSC, K-1)


--
Posted via http://britishexpats.com

JohnCindy
09-25-2003, 11:40 AM
Originally posted by Folinskyinla
H-1 marries W-1
H-1 "marries" W-2
H-1 and W-2 separate without any annulment or divorce
W-2 then marries H-2
H-1 divorces W-1.

Query: who is W-2 married to?



Bah, this one is easy.



Third Base. :D


--
Dekka's Angel


Posted via http://britishexpats.com

JohnCindy
09-25-2003, 11:59 AM
tbiller,



"Why don't you post your timeline like the rest of us do?"



Good question. Where is your timeline?



Originally posted by tbiller
Well what? Who are you replying to? If you don't quote from a previous posting then how can anyone know who you are directing your comments to?

Why don't you post your timeline like the rest of us do? That would show where you are in the whole sorry process and then you might be taken seriously and not be labelled as a troll.

We've had a lot of trolling on this forum recently, and I, along with several other people here think the troll is just one person who is just trying to upset people because of his/her frustrations with the whole USCIS and their procedures and delays, while they can see others coming through with approvals and interviews etc etc.

As I've said elsewhere today - people here are fragile and isolated and full of longing and heartache - myself included.


We all wear our hearts on our sleeves here. And don't blame us for
reacting to nasty/unhelpful/pointless postings from persons unknown who
we perceive are trying to play with our feelings.


--
Posted via http://britishexpats.com

JohnCindy
09-25-2003, 12:38 PM
t,



It wasn't in your signature in the post I quoted. Nor in your next
post that followed it.



Me? I don't post my timeline. :-)



But then, I don't tell other people that they should :-O



Originally posted by tbiller
Um, in my signature? Yours?

I don't always include my signature in replies to posts especially when I've already posted a reply to a thread.


e.g. the 3rd posting in this thread.


--
Posted via http://britishexpats.com

JohnCindy
09-25-2003, 01:34 PM
t,



Yes indeed! Let's put it on our to-do list :-)



Originally posted by tbiller
...


Aargh. Too much coffee I reckon. Fancy a beer? :D


--
Posted via http://britishexpats.com

JohnCindy
09-25-2003, 02:11 PM
To T biller





this is what i posted



Its too bad they did not accept the divorce decree that you sent in. I
am just guessing they dont allow that because they dont want to handle
all the extra paperwork from divorces filed after the fact.



It would be nice if they would have just accepted it, so you
could go on.



good luck from this point on.



My USC has a lawyer, and now we are double checking everything he
has done lol





and Dekka attacks me and says I can read and I am a troll?????????



I am still waiting for my apology



It is clear when I respond who I am talking to and you know it



I am a valid person here and I will not let you attack me
whenever you want



Excuse me I did not go to posting school



I try to offer someone some encouragement and get attacked



Well ??????

and dont come back with some stupid crap


--
Posted via http://britishexpats.com

JohnCindy
09-25-2003, 02:20 PM
As I think about it, I really love my country. I only want to be with
my fiance. If this is what americans are like, I think I will just
stay here. You americans think you are so much better than everyone
and you can attack someone from another country because you think we
are trash....



I dont care a bit whether I ever see the USA. My fiance can come and
marry me here and we can live here.



Thanks for helping me decide about where we will marry and live. I would
not want to raise children around americans


--
Posted via http://britishexpats.com

JohnCindy
09-25-2003, 02:23 PM
Originally posted by tupperwareparty
To T biller


this is what i posted


yes thanks - I can read.



I am still waiting for my apology


Indeed

It is clear when I respond who I am talking to and you know it


Demonstrably incorrect. All the postings here are propogated to Usenet.
Accurate threading is dependent on correct quoting here or no-one can
possibly know who you are responding to.

I am a valid person here and I will not let you attack me whenever you want


If you think I'm attacking you then you really should get out more. I'm
not questioning your validity.

Excuse me I did not go to posting school


I'll not bother with the cheap and obvious response. Life's too
short as it is.



I try to offer someone some encouragement and get attacked

Well ??????
and dont come back with some stupid crap



I wouldn't dream of it. Not at all :D



Now shall we get back to being helpful and constructive?


--
Posted via http://britishexpats.com

JohnCindy
09-25-2003, 02:30 PM
Originally posted by tupperwareparty
As I think about it, I really love my country. I only want to be with my fiance. If this is what americans are like, I think I will just stay here. You americans think you are so much better than everyone and you can attack someone from another country because you think we are trash....

I dont care a bit whether I ever see the USA. My fiance can come and marry me here and we can live here.

Thanks for helping me decide about where we will marry and live. I would not want to raise children around americans

OK now you are just being bloody silly. Complete and total overreaction.



I'm not American and I never contemplated living there until I met my
wife. We tried living here and for many good and serious reasons it
didn't work out. So now I'm faced with a long separation from my wife
AND daughters until the K3 visa is approved and issued.



I sense your frustration. Americans (and there are 260 million of the
buggers and they don't ALL think foreigners are trash - and NO-ONE here
has said that to you. You've come into the forum at the tail-end of a
series of really unpleasant people posting nasty and abusive stuff.



A lot of people here are edgy and suspicious and that may be causing the
tone of some responses (including mine, I'll grant you) to be less than
friendly to start with.



Don't let this put you off the USA. It's worth the USBCISDFC and bar
crap to be together with your life-partner (can't you tell I'm married
to a Californian? :D)



Where in the world are you anyway?



Cheers - Tim


--
Posted via http://britishexpats.com

mrtravel
09-25-2003, 03:09 PM
Folinskyinla wrote:
Now, I wonder what if the following scenario in Texas [and I don't know the answer, but its fun to speculate]. H-1 marries W-1 H-1 "marries" W-2 H-1 and W-2 separate without any annulment or divorce W-2 then marries H-2 H-1 divorces W-1. Query: who is W-2 married to?

Not to anyone in this picture, unless she was still married BEFORE she
married H-1 in step 2.

JohnCindy
09-25-2003, 03:48 PM
Originally posted by katesuiter1
No-one cares what you think anymore......YAWN.
Kate.





I've been gone two days. What's going on? Is this John Henry's cat?
Did John Henry die in a car accident, and his cat came in to clean out
his apartment and found his postings and decided to start posting in
his place? Was this before or after the Nebraska fire? Help!! I'm out
of the loop.



Leslie


--
Posted via http://britishexpats.com

JohnCindy
09-25-2003, 03:56 PM
Originally posted by Leslie66
I've been gone two days. What's going on? Is this John Henry's cat? Did John Henry die in a car accident, and his cat came in to clean out his apartment and found his postings and decided to start posting in his place? Was this before or after the Nebraska fire? Help!! I'm out of the loop.

Leslie

OMG, help me please!!! Leslie, that really made me laugh. I think we
need a tRoll Call



John


--
Posted via http://britishexpats.com

JohnCindy
09-25-2003, 04:04 PM
let me just offer this in case you had not thought of it cutenurse... I
spoke with my man today and we are cancelling the K-1 petition and he is
coming here to marry me and live here.



We will have some visa things to go through here, but nothing
like Nebraska.



Im very happy that we will be married soon.



You may want to do the same, why put up with all this hassle. I have
never been around americans, but after being around this forum a few
days, I realized I dont want any part of them. They are rude and many
have the brains of a donkey...



I hope you get to be with your man soon, I know I will be.



goodbye


--
Posted via http://britishexpats.com

JohnCindy
09-25-2003, 04:05 PM
Originally posted by Gasherjohn
OMG, help me please!!! Leslie, that really made me laugh. I think we need a tRoll Call

John





I think there are more troll's than regular posters anymore. I like the
idea of a tRoll call. I dare you to start one. :D :D



Leslie


--
Posted via http://britishexpats.com

JohnCindy
09-25-2003, 04:28 PM
Originally posted by Leslie66
I think there are more troll's than regular posters anymore. I like the idea of a tRoll call. I dare you to start one. :D :D

Leslie

Sorry, no guts to start a tRoll Call here :)



I have to disagree with you Ms Tupperware, on the contrary, I have found
Americans friendly and helpful. You will find a few who are rude and
some aspire to have the brains of a donkey but that's the same in
Ireland, Wales, England and Scotland.



This forum is not just made up of Americans. Many who contribute to
this forum would have preferred to have stayed in their home country as
well but they came here for love and they are prepared to learn to
settle in America. Believe me, it is a learning curve as we have two
different cultures.



However, if you come here with an open mind then you will be accepted,
come here with negative views then it won't be long before you are on
the plane home!



If you have never been around Americans then I suggest you should visit
the USA as soon as possible so that you will understand why your fiance
will take time to settle in Ireland.



John


--
Posted via http://britishexpats.com

JohnCindy
09-25-2003, 04:38 PM
I just flew in from Nam yesterday.. What a great time I had over there
with my wife.



I was very disturbed to read this post about being denied.



I am so sorry this happened to you. This is one of those horror stories.



I hope you can figure out something.



I think I will go to eat a big cheeseburger, I am a little burned out on
rice lol



While I am thinking about it, I want to clear something up.. Last time I
went to Nam, I had someone house-sit for me.The person I had house-
sitting posted a lot of things on the internet from my IP address, and
this was one of the places. It took me a week just to get the porno
deleted off my computer. This time, I unplugged the computer and locked
it away. You should not have gotten any prank postings from my IP
address during this time.





I am not a prankster


--
Posted via http://britishexpats.com

mrtravel
09-25-2003, 05:02 PM
tupperwareparty wrote:
You may want to do the same, why put up with all this hassle. I have never been around americans, but after being around this forum a few days, I realized I dont want any part of them. They are rude and many have the brains of a donkey...

Yep, "they are rude", but yet you still are going to marry one.
Oh yeah, I forgot, he is the exception..............

Better change your name, "Tupperware" is an American creation.
And, Tupperware Party is example of capitalism at its root, selling
things to friends and neighbors at a "party".

JohnCindy
09-25-2003, 05:52 PM
Originally posted by tupperwareparty
let me just offer this in case you had not thought of it cutenurse... I spoke with my man today and we are cancelling the K-1 petition and he is coming here to marry me and live here.

We will have some visa things to go through here, but nothing like Nebraska.

Im very happy that we will be married soon.

You may want to do the same, why put up with all this hassle. I have never been around americans, but after being around this forum a few days, I realized I dont want any part of them. They are rude and many have the brains of a donkey...

I hope you get to be with your man soon, I know I will be.

goodbye



She hates us yet will not leave. Must be something about us that
she likes.


--
Posted via http://britishexpats.com

Andrew DeFaria
09-25-2003, 06:11 PM
Folinskyinla wrote:
The law can be mighty strange at times. One of my favorite items on "conflicts" is the following scenario: H marries W-1 H "marries" W-2 H divorcesW-1. Are H and W-2 validly married? If the "marriage" takes place in California, then the answer is not only "no" it is "definitely not".

I would think not because H "marries" W-2 is not a legal marriage. Guess
I agree with California.
However, take a look at what happens if the "marriage" takes place in Texas -- then H-1 and W-2 ARE married -- the act completing the marriage being the divorce.

If, if in Utah, you don't even need to divorce W-1! :-)

But, back on topic, with a fiance you are not married. Don't know why
the BCIS is such a stickler on this. Seems to me they could relax it to
"you must be legally single by the time of approval" or even "you must
be legally single before we'll let your potential spouse in the US". The
point is that you must be able to carry out the marriage. If they block
the alien from entering if you are not ready yet that seems enough to me
to fulfill the intent of the law. IMHO.
===
Obligatory witty line: Computers make very fast, very accurate mistakes.

Guest
09-25-2003, 06:58 PM
tupperwareparty wrote:
You may want to do the same, why put up with all this hassle. I have never been around americans, but after being around this forum a few days, I realized I dont want any part of them. They are rude and many have the brains of a donkey...

Let me say this, I've been to several other countries and there are rude
people there also. So, don't be making it look like only Americans are
rude. Not only that, not all Americans are rude. It's not good to
generalize.

Anyway, good luck in your relationship.

An American.

JohnCindy
09-25-2003, 07:23 PM
Originally posted by Folinskyinla
Now, I wonder what if the following scenario in Texas [and I don't know the answer, but its fun to speculate].

H-1 marries W-1
H-1 "marries" W-2
H-1 and W-2 separate without any annulment or divorce
W-2 then marries H-2
H-1 divorces W-1.

Query: who is W-2 married to?



W-2 is married to H-2. H-1 and W-2 were never legally married because
(a) H-1 is still legally married to W-1 and (b) common-law marriage as
it used to be is no longer legal in Texas. In order to be married, they
have to at least go to the courthouse and sign a marriage certificate,
but H-1 can't do that because he is still legally married to W-1


--
Posted via http://britishexpats.com

JohnCindy
09-25-2003, 09:20 PM
Notice to anyone



I posted a nice comment to this lady who started this thread and I was
attacked by the



troll named Dekka..







you can read it for yourselves and make up

your own minds.



this person Dekka should not be allowed the support of people if she is
going to attack people for posting nice things to other people


--
Posted via http://britishexpats.com

dekkas angel
09-25-2003, 10:30 PM
I wouldn't know because I can't read and I won't apologize when I am wrong.
I must be a lying troll who cant read.
"John Henry" <member226@british_expats.com> wrote in message
news:978181.1064332779@britishexpats.com... Originally posted by cutenurse300 Please don t judge about our lives..it s a very difficult time,but we have to go trough this. And my fiance told me the truth,there are no lies in this case,nothing like that,so don t judge about this case..unless you have been in this situation. I just wanted to post it to avoid that anyone else would make this mistake,and i wish everybody good luck!!! Your story just makes me laugh, come on your man is lying to you. -- Posted via http://britishexpats.com

dekkas angel
09-25-2003, 10:42 PM
I wouldn't know because I can't read and I won't apologize when I am wrong.
I must be a lying troll who cant read.
"rnessman" <Bob05021944@hotmail.com> wrote in message
news:976654.1064260082@britishexpats.com... Hi Cute Nurse: This is terrible news. I was sure you were close to getting an approval and now this. It has to be so depressing for you right now. I would take Folinskylina's advice and send them an entire new application along with the denial. Leaving out previous encounters only leads to further delays while they put it on the shelf and then check it out. Once they have to check out something then your looking at exta months. I am sure this is what happened to us before we were approved because I did not include a separate letter with explanation that I had cancelled a previous K1 because it was not going to work out. Although its agonizing for you right now if you really love each other you will get through this and it will happen because other than the fact you filed too early you have done nothing else wrong to be denied. Whoever is to blame for this doesn't matter if you long term goal is to marry this man. So go for it girl!! Bob the Canadian -- Bob Posted via http://britishexpats.com

mrtravel
09-25-2003, 10:42 PM
tupperwareparty wrote: Notice to anyone I posted a nice comment to this lady who started this thread and I was attacked by the troll named Dekka..

It wasn't Dekka, it was an imposter.
Look at the headers.

JohnCindy
09-25-2003, 10:53 PM
Originally posted by Mrtravel
tupperwareparty wrote:
Notice to anyone



I posted a nice comment to this lady who started this thread and I was
attacked by the



troll named Dekka..


It wasn't Dekka, it was an imposter.
Look at the headers.



As if three pages of the same phrase spammed on threads going back
months wasn't enough to convince anyone that the poster was not me
(although I suspect the mods will have it gone by the morning, for which
I thank them in advance.)



Thanks for sticking up for me, Mr. Travel. And, for anyone who actually
for a hot minute thought it might have been me - check the punctuation,
especially in my name, and grammar ;) (not to mention the color and
highlighting in my Expats sig). No matter how heated Ms. Irish
Tupperware party aka Mr. Seadave aka every other name we've seen in the
past month gets when he's outed, it still isn't enough to cause him to
master basic written English.



Peace out :)


--
Dekka's Angel


Posted via http://britishexpats.com

Andrew DeFaria
09-25-2003, 11:19 PM
mrtravel wrote:
tupperwareparty wrote: Notice to anyone I posted a nice comment to this lady who started this thread and I was attacked by the troll named Dekka.. It wasn't Dekka, it was an imposter. Look at the headers.

More like a virus. Some 100 responses with relatively the same message.
===
Obligatory witty line: Why isn't 11 pronounced "onety one"?

JohnCindy
09-26-2003, 06:00 AM
Originally posted by Andrew Defaria
===
Obligatory witty line: Why isn't 11 pronounced "onety one"?



Andrew,



I have to say, I was howling with laughter when I read this!!!! My
brother asked my mum the exact same question when he was little!!!!
Thanks for the early morning giggle!!!! :D

Kate. xxxxx:D:D:D


--
Posted via http://britishexpats.com

JohnCindy
09-26-2003, 07:15 AM
I read the posts where the lady from overseas said something nice to
cutenurse and then that ***** Dekka attacked her.



I am very unhappy with the group now.



I am active again. I had quit, but now I saw what you did to that
lady...



You deserve what you get.


--
Posted via http://britishexpats.com

JohnCindy
09-26-2003, 08:47 AM
Originally posted by Folinskyinla
Hi:

Note difference between long time BritEpat Member "Dekka-apostophre-s Angel" and usenet person "Dekka-no apostophre Angel." Also, on BritishEpats, no-apostrophe doesn't have the atavar there.

Angel is not a "*****" and I've grown to like her and respect her.



Hi Folinsky,

The person to which you responded, "booger" is also in the long list of
trolls and has been banned by BEP. He originally ripped off the
username of the real "Booger" (note upper case B) who is a Usenet
poster. See the "tRoll Call" thread for a more comprehensive
list...........:)



~SecretGarden

~and Mr. Pink (Day 120, NSC----another ten down.....!)


--
Posted via http://britishexpats.com

billy rains
01-21-2004, 08:29 PM
Originally posted by SecretGarden
Hi Folinsky,
The person to which you responded, "booger" is also in the long list of trolls and has been banned by BEP. He originally ripped off the username of the real "Booger" (note upper case B) who is a Usenet poster. See the "tRoll Call" thread for a more comprehensive list...........:)

~SecretGarden
~and Mr. Pink (Day 120, NSC----another ten down.....!)



thats odd


--
Posted via http://britishexpats.com

elviswasmydad
01-22-2004, 12:37 AM
Originally posted by 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





this seems like an older post


--
Posted via http://britishexpats.com

katesuiter1
01-22-2004, 04:21 AM
Originally posted by elviswasmydad
this seems like an older post



So don't resurrect it then. What is your deal???????



Kate.


--
Posted via http://britishexpats.com

whistlestop01
01-22-2004, 11:34 AM
Originally posted by 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



I'm really sorry to hear this cutenurse. There must be some way you can
be together quicker by going thru a different process. What about going
the K3 route??



We are all here to support you. Hang in there!


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Posted via http://britishexpats.com

ray6
01-22-2004, 11:43 AM
Originally posted by whistlestop01
I'm really sorry to hear this cutenurse. There must be some way you can be together quicker by going thru a different process. What about going the K3 route??

We are all here to support you. Hang in there!

You are responding to a very old posting ...cutenurse is due for
interview this week....


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Posted via http://britishexpats.com

whistlestop01
01-22-2004, 11:45 AM
Originally posted by ray6
You are responding to a very old posting ...cutenurse is due for interview this week....



LOL LMAO ty for telling me......this post showed up on my screen as
quite new!!



oh well.............GOOD LUCK ON UR INTERVIEW CUTENURSE LOL


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Posted via http://britishexpats.com

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