Overwhelmed with the task, considering hiring a lawyer?

[myperfectflaw 11]

My Australian fiance is wanting to immigrate to the US to be with me, and we've begun the research into what will need to happen. I am completely over-whelmed with it and feel very lost!! I'm worried about messing up paperwork or simply missing something altogether, etc, so we've been discussing the possibility of hiring an immigration lawyer. I'm sure it varies state by state and office by office, but can anyone give me an idea of how much more expense we're looking at if we do it this way, and whether there's a better success rate if we have legal help? If it helps, I'm in Washington state. Any advice you can give would be extremely helpful

[wifetobe 2]

My Australian fiance is wanting to immigrate to the US to be with me, and we've begun the research into what will need to happen. I am completely over-whelmed with it and feel very lost!! I'm worried about messing up paperwork or simply missing something altogether, etc, so we've been discussing the possibility of hiring an immigration lawyer. I'm sure it varies state by state and office by office, but can anyone give me an idea of how much more expense we're looking at if we do it this way, and whether there's a better success rate if we have legal help? If it helps, I'm in Washington state. Any advice you can give would be extremely helpful

Hi and welcome to VJ

Facing all these forms can be overwhelming but it really is straight forward and you can save on alot of money by doing it yourselves. Unless you have special circumstances that requires hiring a lawyer ie previous overstay or criminal record then you'll be better off hiring one. My SO is in Washington State also and we have hired a lawyer from Bellingham and he is absolutely fantastic so far! You don't get alot of lawyers like him. If you are interested I can appoint you to him. PM me and let me know.

The best of luck!!

[jeffcloe 0]

Hi, my fiance` from Michigan hired a lawyer so we don't mess up with the papers, although it helped us a lot in filing the papers, we then found out after filing the papers and after reading helpful tips online, specifically here on VJ, that it is a very easy process so long as you read instructions and listen to advices from people who have done the same process...

But regarding your question about how much additional expenses you need to prepare if you will hire a lawyer, we found our lawyer online and we only paid $500 attorney's fee just for the K1 visa process.

Good luck on your new journey...

[Cecile and Bryan 0]

Hello

We didn't hire a lawyer so I can't really answer your question.

I would just like to tell you that the guides on Visa Journey explain everything very well, and everytime we had a question, we coud get the answer on this forum. It WAS stressful and overwhelming the first times we read everything we would have to do, but the secret is to take it one step at a time.

So far it has worked for us, I am sure it can work for you if you decide to do it alone (unless, as wifetobe told you, your case is complicate).

Here is a way to do it.

Read and copy on Word or Excel the content of the guide here and everytime you do one step (for example, you filled out the form G-325A for the US citizen), write "OK" next to it on your list.

Once everything is done, check everything you wrote and everything you gathered. Ask you fiance to check it too.

There are examples of the forms here on VJ (yes there are many on that page but don't worry you don't need all of them at the beginning), so that can help you when you don't know how to answer one question.

[greeneyedgirlfl 0]

The guides and help here on VJ were invaluable to us. Before you decide to hire an immigration lawyer, read through them to see if you really need one. If you do decide to hire one, make sure to do research...I've heard more than a few lawyer horror stories...

[chris-lei 1]

Hi there!

My fiance and I considered hiring a lawyer, but his friend who petitioned a fiancee advised otherwise. K1 visa has lesser paperworks than other visa. If you have issues like previous divorce, annulment, police records then I suggest you hire a lawyer.

Here in VJ, you can familiarize yourself with what seems to be a ton of work before filing for petition. As you go along, you'll see that everything is easy. Then should you have a question, or even questions, you may post here and the community is more than willing to share their experiences. You'll be suprised that your questions are answered quickly.

Hope this help. Goodluck and may God bless you!

[myperfectflaw 11]

I'm not sure if I have special circumstances or not. I've been told if you've been married previously it's a pain, which I have. I also have been told I might have issues with the affidavit of support since there's a good chance I might be going on SSD in the near future and have had help through DSHS for the past year as I've been putting myself through school. While I do have someone who should qualify for the affidavit, I'm still under the impression that me having a "history" of state help is a possible hinderance. Any ideas on this part?

[Zee Bee 61]

If you have read the guides and feel like this is overwhelming then by all means hire a lawyer. This is a process where any kind of delay can mean a lot of waiting on the other end. If you decide to go with a lawyer make sure they specialize in immigration law.

I'm not sure if I have special circumstances or not. I've been told if you've been married previously it's a pain, which I have. I also have been told I might have issues with the affidavit of support since there's a good chance I might be going on SSD in the near future and have had help through DSHS for the past year as I've been putting myself through school. While I do have someone who should qualify for the affidavit, I'm still under the impression that me having a "history" of state help is a possible hinderance. Any ideas on this part?

Having a previous marriage does not complicate a case. All you need to provide is the divorce decree. Plenty of people who go it alone are divorced and have no problems.

As for the SSD, as long as you have a qualified cosponsor, I don;t see why you would have any issues with the sponsorship part.

Good luck.

[pushbrk 12,883]

I suggest you dedicate a couple hours a day for a couple weeks to studying the guides here, the forms themselves with their instructions and read lots of threads here about the experiences of others. If you're still overwhelmed, they you would be wise to seek outside assistance. The issues you've mentioned are pretty simple. I don't see how an attorney could help you with them but the forms can be daunting for many people.

[JohnIrish 0]

I am not using a lawyer... Using this web site is great. The advice here is from people that have been through the process.

First.. fill out the paperwork to apply... See the guides and even the example forms. The forms and info are actually pretty simple. Then you will have 4 MONTHS to wait for the next step. They have a backlog and do not even look at the application until about that time! Very frustrating!

A lawyer would not speed up this process and there are many reports here that they could even slow it down. If you filled out a form incorrectly or do not supply all the info.. they will ask for more info anyway.

In those 4 months you can start filling out the next forms and understand what to do next.

The advantage you have is that both of you speak English as a first language!

Yes it is confusing but I think it can be done on your own.

[nginear2 1]

Filling out the forms by yourself is not bad. The major things with the forms are

1. make sure you have the most up to date version of the form.

2. make sure you signed and filled out forms completely

I thought about getting a lawyer as well when I first started the process back in January and found that most of them want like 600 bucks just to basically verify the forms are filled out correctly. So i would suggest researching here and then do it yourself.

[KimandRuss 0]

You've got some great advice above. It does seem daunting at first when you see the forms and read about the details but as stated previously, if you take some time to educate yourself you'll be fine. If you are that overwhelmed then by all means find a lawyer but do be sure to do your research there as well as many aren't as familiar with the process or what is recommended as you'd think. Even with a lawyer, you should educate yourself to the process and what is recommended.

Cecile and Bryan gave you some great links. The K1 Guide here on VJ is invaluable tool and we are lucky to have it. Just go down the list of what's needed. It's that simple. Any question you have has probably been answered a multitude of times here on VJ and, if it hasn't, one of the folks that have been around a while will have your answer. You can also find instructions for the I129F on the uscis.gov website just to ease your mind a bit more.

As far as your affidavit is concerned, many people use a joint sponsor because they don't meet the criteria listed on the 2008 poverty guidelines. Your joint sponsor can be anyone (usc) who meets the requirements and they will have to fill out the same form (I134) and gather the same supporting documents as you. However, this is not done until after your petition is approved and has been sent off to the USEM so you'll have PLENTY of time to research that as well.

Most of us probably felt overwhelmed at one stage but as you read, and learn, and watch it come together and then send it off I think you will find that it wasn't so bad and you saved yourself a ton of $$. The folks here at VJ are extremely knowledgeable and I know that if we are to face any obstacles, that these are the people i'm coming to first!

[rebeccajo 14]

My suggestion to you would be to first research the process. There are many Guides here and and other sites around the web.

Then have an attorney consult. Immigration law is Federal law and not State, therefore any competent individual anywhere can represent you. It's not necessary to hire someone within your jurisdiction. Only a private consult with a good immigration attorney will completely ease your mind as to whether or not your case has any foreseeable complications. You can consult by telephone appointment with many attorneys.

None of us here can tell you if your case is complex or not. It's your and your fiance's lives, and we don't know everything that has ever happened to you. Most people haven't any major wrinkles in their lives, but if you consult honestly with an attorney, they can tell you if there is a potential problem.

Do your homework when hiring an immigration lawyer. Ask the number of cases they have processed and the type - don't use a lawyer who specializes in employment visa - familial immigration is different. Ask their success rate. Ask what professional organizations they belong too. Ask if they will be processing your case or if they are handing it off to an associate. If they have an associate doing most of the legwork, ask the associate's credentials and how much supervision your attorney will give them. If you don't get satisfactory answers, move on to another lawyer. Do not hire the 'family lawyer' - immigration law is complex and requires a specialist.

Some immigration lawyers (the good ones) will tell you if you really don't need them. We had a consult and that's what we were told so we subsequently processed our own file. But if you are uncomfortable with paperwork or too nervous about the process, hire them anyway. Some people just aren't comfortable with piles of papers and government processes - don't feel pressured by well intentioned 'do it yourselfers' to handle a matter that overwhelms you.

Edited June 22, 2008 by rebeccajo

[DairyFarmer 1]

We hired a lawyer for piece of mind. One of us being more overwhelmed by the process and the paperwork etc than the other.

Having said that we only discovered visa journey after the process had begun and we 'might' have in hindsight gone it alone. There is amazing help in the guides. And the more time you spend on here the more you find others asking the same 'stupid' questions you would.

[Barbarella UK 0]

Hello

We didn't hire a lawyer so I can't really answer your question.

I would just like to tell you that the guides on Visa Journey explain everything very well, and everytime we had a question, we coud get the answer on this forum. It WAS stressful and overwhelming the first times we read everything we would have to do, but the secret is to take it one step at a time.

So far it has worked for us, I am sure it can work for you if you decide to do it alone (unless, as wifetobe told you, your case is complicate).

Here is a way to do it.

Read and copy on Word or Excel the content of the guide here and everytime you do one step (for example, you filled out the form G-325A for the US citizen), write "OK" next to it on your list.

Once everything is done, check everything you wrote and everything you gathered. Ask you fiance to check it too.

There are examples of the forms here on VJ (yes there are many on that page but don't worry you don't need all of them at the beginning), so that can help you when you don't know how to answer one question.

The guides and help here on VJ were invaluable to us. Before you decide to hire an immigration lawyer, read through them to see if you really need one. If you do decide to hire one, make sure to do research...I've heard more than a few lawyer horror stories...

If you have read the guides and feel like this is overwhelming then by all means hire a lawyer. This is a process where any kind of delay can mean a lot of waiting on the other end. If you decide to go with a lawyer make sure they specialize in immigration law.

I'm not sure if I have special circumstances or not. I've been told if you've been married previously it's a pain, which I have. I also have been told I might have issues with the affidavit of support since there's a good chance I might be going on SSD in the near future and have had help through DSHS for the past year as I've been putting myself through school. While I do have someone who should qualify for the affidavit, I'm still under the impression that me having a "history" of state help is a possible hinderance. Any ideas on this part?

Having a previous marriage does not complicate a case. All you need to provide is the divorce decree. Plenty of people who go it alone are divorced and have no problems.

As for the SSD, as long as you have a qualified cosponsor, I don;t see why you would have any issues with the sponsorship part.

Good luck.

I suggest you dedicate a couple hours a day for a couple weeks to studying the guides here, the forms themselves with their instructions and read lots of threads here about the experiences of others. If you're still overwhelmed, they you would be wise to seek outside assistance. The issues you've mentioned are pretty simple. I don't see how an attorney could help you with them but the forms can be daunting for many people.

Filling out the forms by yourself is not bad. The major things with the forms are

1. make sure you have the most up to date version of the form.

2. make sure you signed and filled out forms completely

I thought about getting a lawyer as well when I first started the process back in January and found that most of them want like 600 bucks just to basically verify the forms are filled out correctly. So i would suggest researching here and then do it yourself.

Great advice from everyone.

If your fiance has a criminal record or has overstayed on a previous visit to the US then you may have problems and may need to appoint a competent lawyer- otherwise, if you can find a suitable co-sponsor, have your decree absolute from your previous marriage and can demonstrate that you have met within the last two years and have a bona fide relationship then you should be fine. Lawyers cannot speed the process up - and if you get an incompetent one you could have major problems.

It is a daunting and lengthy process but, if it's any encouragement, my husband and I have got through it so far with no problems!

VJ is a fantastic source of advice and support - just about any questions you might have will be answered here, no matter how simple or complex.

Good luck whichever way you decide to proceed!