Convince me I can do it myself

[netsatwork 0]

I just had a consultation with Laurel Scott and we went over the details of the case as it stands now. She is on the fence about whether or not this would get a misrep charge and says we could argue against it, but it still isn't sure what they'd say. Or it has a very slight chance of getting a misrep charge during AOS if get through on just a 212.

It was great information and I feel good to get a lot of questions answered and a lot of things I learned here in the last weeks confirmed. I know a K1 is the safer bet for us to go and I kind of know the process for the 212 and 601 (I can learn more here and on vj of course), but I am just so worried about making a mistake somewhere along the line and taking a chance of screwing it up. This is just so important to me and I hate to let money (whether I have it or not) be a reason that don't do everything I can. It would be a nice feeling knowing that a knowledgeable person is working on this case step by step.

I feel that I can learn what I need to learn, I am just nervous about the possibility of missing something. Can anyone help me feel better about going it without an attorney? Thanks.

[rebeccajo 14]

I just had a consultation with Laurel Scott and we went over the details of the case as it stands now. She is on the fence about whether or not this would get a misrep charge and says we could argue against it, but it still isn't sure what they'd say. Or it has a very slight chance of getting a misrep charge during AOS if get through on just a 212.

It was great information and I feel good to get a lot of questions answered and a lot of things I learned here in the last weeks confirmed. I know a K1 is the safer bet for us to go and I kind of know the process for the 212 and 601 (I can learn more here and on vj of course), but I am just so worried about making a mistake somewhere along the line and taking a chance of screwing it up. This is just so important to me and I hate to let money (whether I have it or not) be a reason that don't do everything I can. It would be a nice feeling knowing that a knowledgeable person is working on this case step by step.

I feel that I can learn what I need to learn, I am just nervous about the possibility of missing something. Can anyone help me feel better about going it without an attorney? Thanks.

For a waiver? And for the situation?

You seem like a bright guy, but don't overestimate your abilities. If Laurel is calling this possible misrepresentation, then that's serious. That is THE most difficult hurdle one can have with the Service.

If it were me, I wouldn't go this one alone. And I wouldn't recommend that you do either.

You might, though, want to get more than one legal opinion.

Edited July 17, 2009 by rebeccajo

[canadian_wife 1,808]

Laurel Scott is awesome. She once equated giving birth and filing a waiver very effectively. She said women have given birth alone for centuries and have been very successful doing it. However, if you ever needed a doctor, wouldn't you like one there if you need the assistance?

I think that sums it up. Waivers CAN be done successfully on your own, but wouldn't you like the added security of knowing an expert put together your packet? When we were facing the waiver, we never questioned doing it without a lawyer. And yes, the consulate can put a misrep charge on you - we were lucky in that we didn't get that but we had the waiver ready in case.

Just a question, did she say you need to file the I-601 or just the I-212 for the expedited removal?

Edited July 17, 2009 by canadian_wife

[bowflex 0]

My advice would be to go with representatoin on this. My wife and I had to file a waiver and they included a great amount of information about the laws that would've been extremely hard for us to put together. Many lawyers now-a-days offer payment plans and such to help out young couples, I'd just ask when you're consulting with them. Good luck!

[netsatwork 0]

OK, thanks for the input. I must say I am surprised by the responses. Not because I don't think a lawyer is a good idea, but I just thought more people would say "If I knew then what I know now, then I could have done it myself..." OK. I am very anxious about the waiver process and I will feel much more comfortable with an experienced attorney behind me. I still want to know what is going on, but at least I can breathe a little easier while I work and wait.

God...it's so expensive....oh well. This is way important than anything other than my son. We'll figure it out.

Thanks again.

[netsatwork 0]

Also getting some recommendations to process the K1 and 212 initially, see if I get a misrep and then hire an attorney for the 601 if needed. I'll mull it over and see. We are still waiting to see if her company will come through with any financial assistance as well.

Thanks again.

[rebeccajo 14]

Also getting some recommendations to process the K1 and 212 initially, see if I get a misrep and then hire an attorney for the 601 if needed. I'll mull it over and see. We are still waiting to see if her company will come through with any financial assistance as well.

Thanks again.

netsatwork -

You are having to digest an awfully lot of information awfully fast. So take my next comments with that in mind.

You still appear to not have a grasp of the paperwork flow of the process. I suggest you read the guides here (and on other sites as well) and while doing that you take what you know about the waiver out of your head. The waiver is a separate process in and of it itself, and it occurs after the consular interview.

For example, if you choose to go K1, you first file a stateside petition for your fiancee. It gets approved. The petition is forwarded by the NVC to the consulate. Your fiancee gathers information about herself, and you prepare a financial affidavit. She takes a medical examination. Eventually she goes to the consulate for her interview, taking her information and your affidavit. Her visa will be denied based up the order of removal. AT THIS POINT she needs her waivers I-601 and I-212 ready to file immediately. You do not need to wait for the consular decision UNLESS the CO decides there is misrepresentation (I say this because it's reasonable to me one would need even more evidence in hand to overcome such a charge).

You should NOT be waiting until after the interview to hire an attorney. You need one NOW. You may be able to enter into an agreement with your lawyer that you process the I129F yourself with some assistance from them, and pay the most of your 'fee' for their preparation of the waiver. Also (as I said to you the other day) your fiancee needs preparation from a professional about how to handle herself at the interview. It's clear to me that neither of you have enough knowledge of this process to know what to say and when to say it in front of people who matter.

There are many people who have successfully filed waivers on their own. Those parties though had very different situations than the one you face. Much of what happened to your fiancee happened because she had faith in what others told her. That is in your favor to some degree, even though it can be argued that an alien should take more responsibility for their fate when crossing borders. Her obvious lack of knowledge about what she was doing when traveling might possibly be seen as proof that she was in no way intentionally misrepresenting herself at the border. But the accumulation of what occurred and the events on the day you tried to re-enter the US are what caused the expedited removal, and the removal is what gave her the bar. It is that bar that must be crossed by your waivers proving you can only live in America as a couple - that having to live in her country would be an extreme hardship for you.

Edited July 18, 2009 by rebeccajo

[netsatwork 0]

netsatwork -

You are having to digest an awfully lot of information awfully fast. So take my next comments with that in mind.

You still appear to not have a grasp of the paperwork flow of the process. I suggest you read the guides here (and on other sites as well) and while doing that you take what you know about the waiver out of your head. The waiver is a separate process in and of it itself, and it occurs after the consular interview.

Thank you. You are right, I totally agree that I do not have a grasp on the process itself yet and many other details. Thank you for the outline. I plan to read much more on it in the coming weeks. We are definitely leaning towards getting a lawyer right from the start. We don't want to make mistakes that haunt us later. The financial impact on us is making the whole thing hard to swallow. I am just throwing some ideas out to you more knowledgeable people to see what opinions come back.

I am really hoping to also find an experienced lawyer that speaks Japanese to make sure my fiancee is totally clear on what is going on before she walks into the interview. Her English is great, but complicated issues like this are probably easier for her to digest in Japanese.

You information is much appreciated.

[Qiix 0]

I just had a consultation with Laurel Scott and we went over the details of the case as it stands now. She is on the fence about whether or not this would get a misrep charge and says we could argue against it, but it still isn't sure what they'd say. Or it has a very slight chance of getting a misrep charge during AOS if get through on just a 212.

It was great information and I feel good to get a lot of questions answered and a lot of things I learned here in the last weeks confirmed. I know a K1 is the safer bet for us to go and I kind of know the process for the 212 and 601 (I can learn more here and on vj of course), but I am just so worried about making a mistake somewhere along the line and taking a chance of screwing it up. This is just so important to me and I hate to let money (whether I have it or not) be a reason that don't do everything I can. It would be a nice feeling knowing that a knowledgeable person is working on this case step by step.

I feel that I can learn what I need to learn, I am just nervous about the possibility of missing something. Can anyone help me feel better about going it without an attorney? Thanks.

I'm using a Law Firm. I mostly hired them because I thought they would give me detailed step by step instructions and keep me in the loop. Here's some things I have experienced.

1. I130 - When I turned in My I130 packet, The Firm had the packet for 10 days before they mailed it to USCIS.

2. Fee Bills..I paid the Firm for them in March - Firm Received from NVC in April- Firm did not pay NVC until June

3. DS230-Firm told me to fill out DS-230 part 1..no mention of part II. They had my DS-230 packet in their office for two weeks and Mailed it in without the DS-230 Part II

So Far the Firm has added 4 to 6 weeks of waiting that I wouldn't have had doing this on my own. The I130 was approved quickly but we have slipped off the fast track because the Firm sent in incomplete paperwork to the NVC.

Funniest thing is-They have not admitted to making an error.

I have to take some of the blame for this as I trusted them to give me accurate answers and I did not ask enough questions. Only you can decide if an attorney or Law Firm is your best bet. If you do, I recommend that you tell them you demand to be kept in the loop at all times and let them know you will be micro managing their actions based on the results you see people getting here at VJ.

If they don't want your participation, I would keep looking until you find one that appreciates your help!

Good luck with your decision.

[rebeccajo 14]

I just had a consultation with Laurel Scott and we went over the details of the case as it stands now. She is on the fence about whether or not this would get a misrep charge and says we could argue against it, but it still isn't sure what they'd say. Or it has a very slight chance of getting a misrep charge during AOS if get through on just a 212.

It was great information and I feel good to get a lot of questions answered and a lot of things I learned here in the last weeks confirmed. I know a K1 is the safer bet for us to go and I kind of know the process for the 212 and 601 (I can learn more here and on vj of course), but I am just so worried about making a mistake somewhere along the line and taking a chance of screwing it up. This is just so important to me and I hate to let money (whether I have it or not) be a reason that don't do everything I can. It would be a nice feeling knowing that a knowledgeable person is working on this case step by step.

I feel that I can learn what I need to learn, I am just nervous about the possibility of missing something. Can anyone help me feel better about going it without an attorney? Thanks.

I'm using a Law Firm. I mostly hired them because I thought they would give me detailed step by step instructions and keep me in the loop. Here's some things I have experienced.

1. I130 - When I turned in My I130 packet, The Firm had the packet for 10 days before they mailed it to USCIS.

2. Fee Bills..I paid the Firm for them in March - Firm Received from NVC in April- Firm did not pay NVC until June

3. DS230-Firm told me to fill out DS-230 part 1..no mention of part II. They had my DS-230 packet in their office for two weeks and Mailed it in without the DS-230 Part II

So Far the Firm has added 4 to 6 weeks of waiting that I wouldn't have had doing this on my own. The I130 was approved quickly but we have slipped off the fast track because the Firm sent in incomplete paperwork to the NVC.

Funniest thing is-They have not admitted to making an error.

I have to take some of the blame for this as I trusted them to give me accurate answers and I did not ask enough questions. Only you can decide if an attorney or Law Firm is your best bet. If you do, I recommend that you tell them you demand to be kept in the loop at all times and let them know you will be micro managing their actions based on the results you see people getting here at VJ.

If they don't want your participation, I would keep looking until you find one that appreciates your help!

Good luck with your decision.

Did you have to file a waiver?

Unless you did, your advice isn't apples to apples.

[Usui Takumi 1,562]

Hi netsatwork,

Unfortunately, you'll probably have trouble finding a firm to represent you for "part of the way". Probably helps them in terms of liability I suppose. I'm not telling you to not shop around... just expect that most will tell you "all in" or nothing. So even if you file for yourself and then try to hire someone at the interview they will likely charge you the same despite your early leg work.

Good luck with this.

[emt103c 10]

Actually, Laurel charges by the service. . .so he could do the 129F himself and then get her to do the Hardship waiver package.

[gogo 6]

you can do it yourself.. I fought for my I-601 waiver (they said it was "misrep" too) and won.. it's how far / how much you are willing to do for your marriage and spouse.. I am continuing to fight for her even until the last day.. hopefully tonight (she will go in tomorrow to get her "official decision").. I am still not satisfied until we are together.. and we are still not together now..