Lawyer or No Lawyer? Lining up the ducks!

[Sockmonkey 0]

Hi, there. My name's Jen, and my new husband and I are just beginning the whole K3 process this weekend ... the complexities seem staggering right now, and I'm wondering if we might be better off just hiring an attorney. Would anybody mind sharing some pros and cons about going that route? Regrets for the path you've taken either way? How much will this probably, honestly cost us with and/or without an attorney?

And in case we do go it alone:

Is it true the AOS process can be started well before the K3 is complete? At what point can we begin it? My husband has a good savings and I have a decent job, but we can't wait forever for him to start working, if for no other reason than he is the kind of guy who needs to be busy and feel like he has a purpose!

Also, I just sent my passport to be corrected after our July 2006 marriage, and it will be at least a month before I get it back. Should I wait to send in the I-130, or is the other option of sending in a copy of my birth certificate really just as acceptable? I'll end with the mother of all silly questions ... are color copies preferable to B & W ones when sending in any sort of documentation?

I can't tell you enough how glad I am to find this forum. Ay yi yi, this is crazy stuff.

Love's a powerful thing, ain't it?

Edited July 29, 2006 by JenM

[simple_male 1]

Hi, there. My name's Jen, and my new husband and I are just beginning the whole K3 process this weekend ... the complexities seem staggering right now, and I'm wondering if we might be better off just hiring an attorney. Would anybody mind sharing some pros and cons about going that route? Regrets for the path you've taken either way? How much will this probably, honestly cost us with and/or without an attorney?

And in case we do go it alone:

Is it true the AOS process can be started well before the K3 is complete? At what point can we begin it? My husband has a good savings and I have a decent job, but we can't wait forever for him to start working, if for no other reason than he is the kind of guy who needs to be busy and feel like he has a purpose!

Also, I just sent my passport to be corrected after our July 2006 marriage, and it will be at least a month before I get it back. Should I wait to send in the I-130, or is the other option of sending in a copy of my birth certificate really just as acceptable? I'll end with the mother of all silly questions ... are color copies preferable to B & W ones when sending in any sort of documentation?

I can't tell you enough how glad I am to find this forum. Ay yi yi, this is crazy stuff.

Love's a powerful thing, ain't it?

JenM,

Are you the US Citizen Petitioner? Is your husband in USA or in another country? A born US Citizen's photocopy of the birth certificate is enough for the US Citizenship proof. If your case is straight forward, then you don't need a lawyer. In order to process K-3, you have to start the CR-1 process first by mailing out the I-130 and relevant documents to USCIS. But from your post, I am not sure who is the petitioner and whether the beneficiary is in USA or not.

[Tim and Bethanie 1]

If you have a straightforward case, no reason to need to hire an attorney. The majority of the paperwork is not much more difficult than a standard job application. There is always someone here that can give you a helping hand if a question arises. The whole CR-1/K-3 process is under $1k, no idea what an attorney would cost you. Black and white copies are fine.

Welcome to VJ, and hope you have a speedy journey.

[morocco4ever 63]

If you have a straightforward case, no reason to need to hire an attorney. The majority of the paperwork is not much more difficult than a standard job application. There is always someone here that can give you a helping hand if a question arises. The whole CR-1/K-3 process is under $1k, no idea what an attorney would cost you. Black and white copies are fine.

Welcome to VJ, and hope you have a speedy journey.

She might not be aware of the red flags, so maybe we could give her some ideas.

Woman older than man

sponsor just recently divorced

sponsor needs a co sponsor

met on the internet

sponsor knows family of applicant

Now I am not saying that these will necessarily cause you problems. Your SO isn't from one of the high fraud contries, but its still important to really think long and hard about anything in your case that could be interpreted as possible fraud to the consulate.

These are the ones I can think of, any others you can think of?

[Michaela_Hassan 1]

Woman older than man

sponsor just recently divorced

sponsor needs a co sponsor

met on the internet

sponsor knows family of applicant

OMG I'm a walking red flag!!! How much do they go by these guidelines and what can one do about it? Do you know?

[Jersey Girl 2]

Hi JenM, Many people here are do-it-yourselfers and handle the paperwork themselves, without an attorney. But that puts the onus on you to understand the process, which can be confusing. Get set for research and tracking your petition.

If it's vital for your husband to work in the U.S. as soon as he gets here, you may want to read the timelines for CR-1 and the U.K. It's the long way, but he arrrives with a greencard. He waits in his own country.

K3 is supposed to unite couples quicker but there has been a new law (IMBRA) and backlogs. Not enough evidence yet to predict timings. Again, he waits in the U.K.

I'm out of my depth on this one, but there may be couples who marry in the U.S. and simply apply for AOS. I believe the foreign spouse has to stay here, will not be able to work, and could be denied if it looks like he entered the States with the intent to immigrate, which is a no no.

No matter which route you choose, get set for a difficult period of waiting and being seperated. It's best to have a plan to retain your sanity.

Edited July 29, 2006 by Jersey Girl

[hafiz 1]

No matter which route you choose, get set for a difficult period of waiting and being seperated. It's best to have a plan to retain your sanity.

can you please explain the options of the plan

Edited July 29, 2006 by hafiz

[Jersey Girl 2]

can you please explain the options of the plan

Hi hafiz, you can start by mailing your second IMBRA letter, then:

Excuse yourself. If you're having a bad day, give yourself permission to accomomplish little or nothing.

Pamper yourself. Bubble baths, naps, comfort food. Indulge yourself every hour if you need it.

Express yourself. In prayer, in a journal, in a phone call to someone who understands.

Forgive yourself. It's okay to be anxious or down. It's temporary. Reach out to other crazies here.

Take care of yourself. See a family doctor. If you need meds or counselling, let it be part of your plan.

Honor yourself. Be good to the person your finance or spouse loves. For their sake!

Respect yourself. Take time with your appearance (hair, make-up, clothes). It will lift your spirits.

Distract yourself. See a movie, go to a mall, exercise, volunteer. Get out of your self absorbtion.

Monitor yourself. Gently replace negative thoughts with positive ones. Girl, your visa is on its way!

Love yourself. Your life is a miracle. You're surrounded by so many good things and people. Embrace and enjoy them all.

[MPGGPM 0]

Hi, there. My name's Jen, and my new husband and I are just beginning the whole K3 process this weekend ... the complexities seem staggering right now, and I'm wondering if we might be better off just hiring an attorney. Would anybody mind sharing some pros and cons about going that route? Regrets for the path you've taken either way? How much will this probably, honestly cost us with and/or without an attorney?

And in case we do go it alone:

Is it true the AOS process can be started well before the K3 is complete? At what point can we begin it? My husband has a good savings and I have a decent job, but we can't wait forever for him to start working, if for no other reason than he is the kind of guy who needs to be busy and feel like he has a purpose!

Also, I just sent my passport to be corrected after our July 2006 marriage, and it will be at least a month before I get it back. Should I wait to send in the I-130, or is the other option of sending in a copy of my birth certificate really just as acceptable? I'll end with the mother of all silly questions ... are color copies preferable to B & W ones when sending in any sort of documentation?

I can't tell you enough how glad I am to find this forum. Ay yi yi, this is crazy stuff.

Love's a powerful thing, ain't it?

I would assume most of the answers you will get on this forum will be to do it yourselves....since this is mainly a ``do it yourself `` immigration forum. I myself hired a lawyer...and am still going through the process. I guess it all just depends on the people petitioning...and your case. Some people would rather do it themselves, for reasons varying from complexities of their case (meaning their case doesn`t have many)........to the financial concerns of hiring a lawyer.

I wouldn`t tell you either way, what choice to make. But I can tell you that.....

1) Our lawyer charges $1,000 for the I-130.....(plus the costs of the applications themselves)........then another $1,000 for the consular processing when it reaches the embassy (plus costs of applications etc). She gives us the option of continuing to hire her for the second part, which I like. Because if the first part of our case doesn`t go well, I sure as heck wouldn`t want to pay the other $1,000 and continue her services....so it`s like a $1,000 trial period. Not all lawyers offer that, and many ask for everything up front for the entire process.

2) Several lawyers offer free consultations, and you could meet with one and ask whatever questions you have. No one says you have to hire them. But , at least by doing that you will get professional responses to your questions, and can make a decision as to whether hiring a lawyer is what you want to do.

Good luck

[Sockmonkey 0]

Thanks for that. It was very helpful. I think I will consult an attorney, just so I can at least be assured that our case is a straightforward as we think it is. Knowing that some attorneys might offer a half-and-half plan such as the one you describe is comforting, too. As this process wears on we will no doubt become more confident in the Immigrations environment, so we may not feel the need for help down the line.

Edited July 30, 2006 by JenM

[Laura_and_IanM 0]

Thanks for that. It was very helpful. I think I will consult an attorney, just so I can at least be assured that our case is a straightforward as we think it is. Knowing that some attorneys might offer a half-and-half plan such as the one you describe is comforting, too. As this process wears on we will no doubt become more confident in the Immigrations environment, so we may not feel the need for help down the line.

[/quote

Jen, I commend you for wanting to speak with a lawyer, but before you do, let me just suggest a few things. First, click on the link that I have put in here for you. Look at the guides for the K-3 and the CR-1 visas. Then, download the forms for both visas or at least open them up and look at them. Read them thoroughly so you can get familiar with the forms and the process. Secondly, when you look for a lawyer, don't go with just any lawyer that says that they can file for you. Look for a lawyer that specializes in Immigration and only DOES Immigration. Even then, that is still not a guarantee that they won't try to sucker you in by making you think that you will need a lawyer..remember, they want your money and it can be very expensive to hire one for Immigration as it is not an everyday thing. Hence charging you more if you understand what I am saying. My hubby and I contacted 3 different lawyers and they all wanted to charge at least 10 grand. 2 out of three of those lawyers I might add only dealt with Immigration.

Now, remember, you have found a wonderful site to come for help. There are always plenty of helpful ppl aboard that will try to answer your questions as best they can or will at least direct you to someone who is more knowledgable. I would say talk to Aussiewench or Yodrak. Or MDYOUNG, or JerseyGirl. Those are just a few to mention but there are loads more that are full of helpful information and or suggestions. Honestly, I am glad that my hubby and I did not choose to hire a lawyer as the paperwork is pretty much straight forward.

Good luck with your journey!!!! And WELCOME TO VJ!!!

LJ

http://www.visajourney.com/forums/index.ph...amp;page=guides

Also, forgot to add, when you do talk to a lawyer, becareful with them trying to tell you that they can cut the wait for the visa by more than half. As most of us on here know that that is major BULLSHITE! I had 2 of the lawyers tell me that. There is no way to make it go faster unless you have just cause to have your case expidited and even then there is no guarantee. Hope this helps you.

LJ

[ohiobuck 0]

I would guess you could go either way with or without a lawyer since you are working through UK. Any one of us could do this process ourselves. And one of the main reasons I got a lawyer is my husband was in Morocco and I hoped it would prove my seriousness to hire a lawyer for the process even if I thought I could do it just as good as myself. I've never seen anyone do a survey to find out especially in higher denial Consulates if having a lawyer helped or not, but my husband was approved. Not saying it was the reason, but I sure tried to think up everything I could to prepare myself and my husband for the interview so we succeeded. If we were out of UK I would've relaxed and not worried so much, plus I would've been able to see my husband since UK citizens can travel easily to the USA unlike Moroccans.

With whatever decision you make do some research, if you do hire a lawyer check them out too so you don't hire an idiot. But you will need to do all your research and become an export anyway on your case is my best advice. So maybe just save your money and do it yourself since you are lucky your country is the UK.

Wish you the best of luck.

Paula

[morocco4ever 63]

Woman older than man

sponsor just recently divorced

sponsor needs a co sponsor

met on the internet

sponsor knows family of applicant

OMG I'm a walking red flag!!! How much do they go by these guidelines and what can one do about it? Do you know?

I would like to talk to you further about this. Go to the middle east forum, and discuss it there. There are several of us that have experience with this consulate, and hopefully we can help you through this.

Thanks for that. It was very helpful. I think I will consult an attorney, just so I can at least be assured that our case is a straightforward as we think it is. Knowing that some attorneys might offer a half-and-half plan such as the one you describe is comforting, too. As this process wears on we will no doubt become more confident in the Immigrations environment, so we may not feel the need for help down the line.

It certainly doesn't hurt to talk to a lawyer. We had all the evidence that a person could want to prove our relationship but they caught us on one that hadn't been discussed here that I know of. He had a relative here, and I never knew that this could cause us any problems, but it did.

If I were to go to a lawyer now I would make sure they are very experienced with immigration and what the consulates look for in fraud. You have to be careful because they might alarm you just to scare you into hiring them. Its not an easy process to find a good lawyer....good luck!

[henry34florida 0]

If you have the time to do the research and paperwork, you do not need an attorney. I wasted money on an attorney and I still ended up doing all of the work myself. The attorney was little or no help at all at best. Good luck!

Edited July 30, 2006 by henry34florida

[simple_male 1]

I suggest what Laura and IanM suggested you. It will cost money to hire a lawyer, plus they can not make the process faster for you. Do lots of reading on this site regarding K-3, CR-1 and ask questions. Even ask questions when you fill out any forms. I am sure, you will make friends here. By the way, I have met some wonderful people here and lot of people here mail me with their questions and I do my best to answer them. You can save the money that you would use for the lawyer for airline tickets.