41% K 1 Fiance Visas Denied?

[jroc 0]

On further study, the owner of the site is Gerry Gannon. He's a law school graduate, but he's not a member of the Bar Association nor the AILA, and he's got some choice comments about both groups which he calls "self serving" (aren't all trade associations self serving?). He got started dealing with immigration law when acting as a translator for Vietnamese resettlement programs, which may explain where he go his 41% denial figures. Aside from some nebulous claims, his site is pretty interesting reading.

He does take one position that I find particularly interesting - he says it doesn't matter what the policies, procedures, or practices of a government agency are - it only matters what the law says. He goes on to say that government agencies routinely implement policies that are in direct conflict with the law (like we didn't already know that), and says that such policies constitute a crime (I wouldn't go that far). He's pragmatic about this, and realizes that you ultimately have to deal with consular officers in the foreign country (he calls them "visa adjudicators"), so you do what you have to do in order to get the visa. But the premise can be a dangerous one for a reader who takes his position to heart without also applying the pragmatic side of his approach. It's all well and good to say that a particular question on a particular form technically does not need to be answered because there is no requirement for it in law. However, if not answering the question results in a denied visa then you haven't done yourself any favors by butting heads with the consulate. In all fairness, he doesn't advocate that anyone do this. He's mostly just ranting about the inconsistency between the actual codified law and the way it's implemented by government agencies. He's welcome to tilt at windmills, but I think most people are more concerned about getting that one particular visa for their fiancee or spouse.

I do think that his position against forums and immigration attorneys is a bit pompous. It almost comes across as implying that he alone is wise and experienced enough to do this process right, and that average people (like the members of this forum) aren't capable of understanding the law, following instructions, and learning from the collective experience of others. He also makes the blatantly false accusation that forums are "support groups" where people don't share their bad experiences, and therefore have the benefit of helping others learn from them. I've found the opposite to be true of VJ - many people end up here precisely because things have gone wrong and they're looking for assistance and advice.

To his credit, he offers a money back guarantee if your SO doesn't get a visa. Most attorneys only guarantee you'll get the petition approved.

Good detective work.....

[Dogwood_Poet 16]

Maybe he means 41% of visa applications screwed up by lawyers are denied!

[JeffandTania 0]

Don't you feel bad now about giving so much information? The lawyers are having to stoop to these levels to make that Lexus payment!!

I was just reading an Attorneys Website.....he states that "41% of all K-1 Visas are denied....seems like a high figure to me.....is this correct???

41% outright denied? No way. I just looked at some numbers from 2004, and overall, the denial rate is nowhere near 41%.

There is no telling what he used for figures. Petitions? 18% are rejected by VSC (according to the a director there) for no check or signature. what percent get 221g's at the consulate? I know two successful VN applicants and BOTH got 221g's and then got their visa. Are they in that figure?

At any rate, it is BS, let him sell his service for what it is, scaring someone into it is reprehensible.

Oh, and if I throw people that can't swim into a deep pool, 41% of the drown. And what? Can YOU swim?

We agree completely. Laywers are useless. They just give their questionaires. Everything we have to prepare by ourselves.

We will send our package soon to California Center. Can you help us with our question please: how will we get number/code by which we will track our I-129F package? Thank you much in advance.

[kizza 1]

We agree completely. Laywers are useless. They just give their questionaires. Everything we have to prepare by ourselves.

We will send our package soon to California Center. Can you help us with our question please: how will we get number/code by which we will track our I-129F package? Thank you much in advance.

Once you have filed, you will find the case number on the back of your check once it is cashed, or on the NOA1 notice they will send you by mail. When you have that number, you can go on the USCIS website to follow your progress.

Edited October 17, 2009 by kizza

[Leenie 15]

Don't you feel bad now about giving so much information? The lawyers are having to stoop to these levels to make that Lexus payment!!

I was just reading an Attorneys Website.....he states that "41% of all K-1 Visas are denied....seems like a high figure to me.....is this correct???

41% outright denied? No way. I just looked at some numbers from 2004, and overall, the denial rate is nowhere near 41%.

There is no telling what he used for figures. Petitions? 18% are rejected by VSC (according to the a director there) for no check or signature. what percent get 221g's at the consulate? I know two successful VN applicants and BOTH got 221g's and then got their visa. Are they in that figure?

At any rate, it is BS, let him sell his service for what it is, scaring someone into it is reprehensible.

Oh, and if I throw people that can't swim into a deep pool, 41% of the drown. And what? Can YOU swim?

We agree completely. Laywers are useless. They just give their questionaires. Everything we have to prepare by ourselves.

We will send our package soon to California Center. Can you help us with our question please: how will we get number/code by which we will track our I-129F package? Thank you much in advance.

The quickest way: pay the filing fee with a personal check, and the number will be on the back of your check. The format is the letters "WAC" plus 10 numbers after that. View the check image online or ask for it at the bank to see the number.

Failing that, the number should be on your NOA1.

[S Wilson 0]

I was just reading an Attorneys Website.....he states that "41% of all K-1 Visas are denied....seems like a high figure to me.....is this correct???

Many unscrupulous attorneys use this scare tactic to sell you on their services. Most of them advertise that they can get a K-1 for you much faster and that they have 100% success rate, etc. However, be very skeptical of their scare tactics and claims, and take their claims with a grain of salt. My first experience with an attorney is that I could have done all that his firm did, without the delays that I experienced with his firm, and obviously much less expensive. I would not continue to employ this same attorney to do the Adjustment of Status, etc. I would use them only if I had very complex legal issues to solve.

Obviously, if your petition is very complex with mitigating circumstances such as a criminal history, visa overstays in the past, petitions from countries with a long history of immigration fraud, etc., you may need a 'good' attorney. However, it is very difficult to learn who the good attorneys are...and usually only after the fact do you learn if they are good or simply claim to be good--at your expense.

If your petition is a straight forward I-129, you will do just as well, maybe better, doing it yourself and using the guides here on VJ plus the experience of VJ members to guide you through the process. Good luck in your journey.

[pushbrk 13,167]

I was just reading an Attorneys Website.....he states that "41% of all K-1 Visas are denied....seems like a high figure to me.....is this correct???

I have no problem at all with that number but I'd put the word "initially" in front of denied. VJ is not a representative group because VJ members with timelines tend to be well prepared for visa interviews. The general public is not, however. They either have minimal knowledge of interview preparation or intitially appear with missing papers. The vast majority of initially denied cases are eventually approved.

Yes, in a way it's attorney propaganda and word games but if you "do it yourself" without VJ, and/or other "help" AND the ability to read carefully, interpret literally and respond accordingly, you're likely to fall in the 41%. Don't fool yourself into thinking that any more than a very small percentage of K1 petitioners ever find VJ. Even many who do find VJ fail to effectively use the resources here if they use them at all.

Edited October 17, 2009 by pushbrk

[Old Dominion 26]

Refunding the fee if the outcome isn't what you paid for, is regarded as an unethical practice in the legal profession. It's usually governed by an agency of the state courts system. I wonder if this guy is in good standing with the bar?

[remiel6 0]

I'm going to add a not very popular comment here, but do not confuse what this person says with "a lawyer" he is not a lawyer and cannot give legal advice. To practice Law requires a license. Also, there is a code of ethics involved in becoming a lawyer. If he has bad things to say about the Bar what does that say about him? I'm not sure, I don't know him I know that if a lawyer advertises his services he has to tell you it is an add for services and the infomation presented has to be true. I know of no lawyer, immigration or otherwise who will guarantee you results. Can this process be done without a lawyer, Abosluletly many here do it everyday. Are lawyers "evil" you will say that until you need one. My own advice is if you feel they are not worth the money then do not spend it on them. You do not always hire a lawyer because you can't do it yourself. You hire a lawyer to make sure that if anything goes wrong, or you have an unusual case someone can help you out. On another note, if a lawyer gives you wrong advice and you have paid him, you have recourse, go to the bar. If a person on a forum gives you wrong advice where do you go? Nowhere. Everyone will make thier own mind as to whether or not this is worth the services of a lawyer, many will say no. There is no right answer to this question, but do not confuse someone who has not taken and passed the bar with a lawyer. He is not a lawyer and it is unfair to those who are attorneys to have to answer for someone who is trying pass themselves off as one.

[Gary and Alla 3,694]

Don't you feel bad now about giving so much information? The lawyers are having to stoop to these levels to make that Lexus payment!!

I was just reading an Attorneys Website.....he states that "41% of all K-1 Visas are denied....seems like a high figure to me.....is this correct???

41% outright denied? No way. I just looked at some numbers from 2004, and overall, the denial rate is nowhere near 41%.

There is no telling what he used for figures. Petitions? 18% are rejected by VSC (according to the a director there) for no check or signature. what percent get 221g's at the consulate? I know two successful VN applicants and BOTH got 221g's and then got their visa. Are they in that figure?

At any rate, it is BS, let him sell his service for what it is, scaring someone into it is reprehensible.

Oh, and if I throw people that can't swim into a deep pool, 41% of the drown. And what? Can YOU swim?

Actually no. This site was a great help to me and I will do all I can to make keep it good. This kind of claim is not unusaul. The other frequent claim is that they can get your case "processed faster" and then use USCIS timelines vs, their own cases. Well, no #######! Since USCIS uses the oldest case in the system for their timelines, ALL case are processed faster, unless you become the NEW oldest case.

Now if someone claims they can reduce your total processing time because they are knowledgeable, avoid mistakes, properly prepare someone for an interview and basically are knowledgeable enough to prepare a CLEAN petition and interview forms...yes there is some validity to that. However, people with those skills do not need to use scare tactics and made up numbers, they simply sell their skill and ability and SERVICE.

My opinions of attorneys are well known here But never mistake that I disagree with paying a fair fee for a service, it is how people make a living. A fair price for a fair service makes the world go 'round. People skilled in their profession, be it an attorney, a visa service or a roofer do not need to do anything but let their service and skill speak for itself.

[sara..... 371]

mmm that link is for a visa SERVICE......as for attorneys i nor anyone else can tell u not to hire one......my own personal opinion is that if u do not have a difficult case no need as they can not speed up the process.........my own personal experience with attorney ......... he was good in the beginning but now some lady answers my emails and seems to get confused as to what i was asking.........we have been the ones that have fought and been pro-active when we waited so long for noa2.......do i blame the attorney? no i brought it on myself for not searching the Internet and finding this forum before filing if i had known what i know now i would have done it myself.......my last email to my attorney was about the fact that the embassy kept saying they didnt have the case nvc kept saying they sent it to the embassy....answer that happens alot in those countries when i further asked about it i called she was not available and did not return my phone call or email me about it......i felt that attorney could be useful to me at least in that part of the journey do i hate my attorney? nope i dont but if perviz gets denied i expect his help not his assistants or who ever is fielding his calls and emails........

ok enough of my rant

and it is just my opinion

sara

[JimVaPhuong 4,863]

Refunding the fee if the outcome isn't what you paid for, is regarded as an unethical practice in the legal profession. It's usually governed by an agency of the state courts system. I wonder if this guy is in good standing with the bar?

He makes it clear on his site that he is a law school graduate, but NOT a member of the Bar Association or the AILA.

[jroc 0]

Sorry I misunderstood...when I saw law school graduate I assumed he passed the Bar....my bad....

[CA dreamer 3]

Seems high to me, too. That sounds like some attorney propaganda to get people nervous and waste their money on his services!

if the rate is true so it should be high for both k3,cr1's as well.don't believe attorneys' sites cos i read much there and found vj is the best for gaining knowledge and advice.if you want to know the factors of visa denials you may discuss the weak points or suspicious ones about a specific case and wait for ppl replies

good luck

[George&Hazel 1]

If you feel uncomfortable do not see the harm in hiring someone to help. Everyone here does, but not everyone goes to web forums. In which case a lawyer may be the best thing for them. Adds like that are not going to sway informed people one way or another.