K1 which will need a I-601, Attorney Fees?

[kuhio 1]

Hello,

I am currently living with my Fiancee in her home country (Thailand). We have lived together here for a little over 1 year. I had taken a year break from my career to travel and spend more time with my then girlfriend. Recently, I was offered a position back in the States which I could not refuse starting in about 2 months. I have done quite a bit of homework regarding the K1 visa process and I believe I have a good handle on the process itself. After reviewing my case with an Attorney, it became clear that we will need to file for a waiver based on a condition of inadmissibility that exists which will result in an auto denial at the Embassy. From what I have been told as well as my research, it seems that an Attorney is pretty much required in cases where a waiver is sought. I have been talking with a perspective Attorney, (local in Thailand), who has a bunch of experience with K1 visas and waivers in the local jurisdiction and checks out as far as being a licensed attorney in the US. I was a little surprised at the fees that were quoted and wanted to get some peoples opinions regarding the cost to see if it is in line with what something like this should cost. Basically I was quoted the following:

1) K1 and K2 visa fees (Fiancee and Toddler Daughter) Attorney Fees+Filing Fees+Translation/Courier Fees---approx $2900

2) I601- Attorney Fees+Filing Fees--Approx $2500

I have seen that filing with the USCIS is pretty straight forward, however, the attorney would be doing things like physically taking my fiancee to the medical appt and interview appt. Tracking down the daughters biological father to get him to sign permission for the daughter to leave the country. When questioned about the the high K1 and K2 costs the attorney said it is true that it can be done pretty easily by myself, however, since the case will require that we file for a waiver later, he can tailor the application as well as documentation taken to the interview to support the waiver case etc. etc.

Anyway, since I will be leaving the country in a few months, I would like to have the piece of mind that someone is back here to help my fiancee with the process as well as the piece of mind that all of the paperwork is filed correctly. Obviously, I am going to check with some other Attorneys regarding their fees but was just hoping some people on this board could comment on what I have so far.

Thanks!

[payxibka 10,045]

moving to waiver forum as that is the bigger questions that you need to have answered

[Boiler 45,525]

Seems cheap enough.

Why do you need a waiver?

[daboyz 36]

Hello,

I am currently living with my Fiancee in her home country (Thailand). We have lived together here for a little over 1 year. I had taken a year break from my career to travel and spend more time with my then girlfriend. Recently, I was offered a position back in the States which I could not refuse starting in about 2 months. I have done quite a bit of homework regarding the K1 visa process and I believe I have a good handle on the process itself. After reviewing my case with an Attorney, it became clear that we will need to file for a waiver based on a condition of inadmissibility that exists which will result in an auto denial at the Embassy. From what I have been told as well as my research, it seems that an Attorney is pretty much required in cases where a waiver is sought. I have been talking with a perspective Attorney, (local in Thailand), who has a bunch of experience with K1 visas and waivers in the local jurisdiction and checks out as far as being a licensed attorney in the US. I was a little surprised at the fees that were quoted and wanted to get some peoples opinions regarding the cost to see if it is in line with what something like this should cost. Basically I was quoted the following:

1) K1 and K2 visa fees (Fiancee and Toddler Daughter) Attorney Fees+Filing Fees+Translation/Courier Fees---approx $2900

2) I601- Attorney Fees+Filing Fees--Approx $2500

I have seen that filing with the USCIS is pretty straight forward, however, the attorney would be doing things like physically taking my fiancee to the medical appt and interview appt. Tracking down the daughters biological father to get him to sign permission for the daughter to leave the country. When questioned about the the high K1 and K2 costs the attorney said it is true that it can be done pretty easily by myself, however, since the case will require that we file for a waiver later, he can tailor the application as well as documentation taken to the interview to support the waiver case etc. etc.

Anyway, since I will be leaving the country in a few months, I would like to have the piece of mind that someone is back here to help my fiancee with the process as well as the piece of mind that all of the paperwork is filed correctly. Obviously, I am going to check with some other Attorneys regarding their fees but was just hoping some people on this board could comment on what I have so far.

Thanks!

Get married in Thailand and try to do DCF. You might be able to get it done in 3-4 months there. I made the mistake of not doing that. It took a year to get my wife here. If you're in BKK you can go to the Amphur in Bang Rak. First you need to go to the US Embassy and get a sworn statement from them saying you are not currently married. After that takes about 15 minutes at the Amphur.

[kuhio 1]

Get married in Thailand and try to do DCF. You might be able to get it done in 3-4 months there. I made the mistake of not doing that. It took a year to get my wife here. If you're in BKK you can go to the Amphur in Bang Rak. First you need to go to the US Embassy and get a sworn statement from them saying you are not currently married. After that takes about 15 minutes at the Amphur.

I am not eligible to do a DCF because I have not been working for the last year in Thailand. When I came over, I came on a triple entry tourist visa which gave me approx 270 days. I then obtained a Non-Imm O in Perth. Have been advised that the local service center will not accept me as a local resident as they don't like to let people on Non-Imm-O's DCF anyway plus I have not been on the Non-Imm for long enough regardless of the fact that I have leased a house here for the last year and have bills etc. Have been told that if the goal is fast entry in to the US, K1 is the way to go. If I went for a CR-1 I would not be able to file with the USCIS on Wireless Rd anyway so the process would take over a year, while the K1 should take 5 months. That said, because of the inadmissibility condition, the waiver process will add to the 5 months anywhere from an additional couple of weeks to 3 more months depending on how fast the waiver app is processed. Of course there is some chance that the waiver will not be approved as well. However, lawyer has told me after getting the detailed info on my case that if he had too assign numbers to it, he would say 95% no problem getting approved. He said he has done a bunch of I-601's for this reason of inadmissibility and has never been denied, also said you never know an I could be the first.

As far as what the waiver is needed for, I'll just say its Thailand, you can do the math. Most people probably lie about the inadmissibility condition but we would like to be honest.

[rsn 135]

.

Edited July 26, 2010 by rsn

[rsn 135]

I am not eligible to do a DCF because I have not been working for the last year in Thailand. When I came over, I came on a triple entry tourist visa which gave me approx 270 days. I then obtained a Non-Imm O in Perth. Have been advised that the local service center will not accept me as a local resident as they don't like to let people on Non-Imm-O's DCF anyway plus I have not been on the Non-Imm for long enough regardless of the fact that I have leased a house here for the last year and have bills etc. Have been told that if the goal is fast entry in to the US, K1 is the way to go. If I went for a CR-1 I would not be able to file with the USCIS on Wireless Rd anyway so the process would take over a year, while the K1 should take 5 months. That said, because of the inadmissibility condition, the waiver process will add to the 5 months anywhere from an additional couple of weeks to 3 more months depending on how fast the waiver app is processed. Of course there is some chance that the waiver will not be approved as well. However, lawyer has told me after getting the detailed info on my case that if he had too assign numbers to it, he would say 95% no problem getting approved. He said he has done a bunch of I-601's for this reason of inadmissibility and has never been denied, also said you never know an I could be the first.

As far as what the waiver is needed for, I'll just say its Thailand, you can do the math. Most people probably lie about the inadmissibility condition but we would like to be honest.

Hopefully you have already read this, but if not, please have a look so you can be informed about the process and not simply pay a lawyer to tell you what you want to hear. The following is from Laurel Scott:

http://www.ilw.com/articles/2007,0717-scott.shtm

Edited July 26, 2010 by rsn

[rsn 135]

Edited July 26, 2010 by rsn

[Boiler 45,525]

Never been to Thailand, this might amuse:

[kuhio 1]

Hopefully you have already read this, but if not, please have a look so you can be informed about the process and not simply pay a lawyer to tell you what you want to hear. The following is from Laurel Scott:

http://www.ilw.com/articles/2007,0717-scott.shtm

Yes, I am aware of the difficulty of proving extreme hardship. Just trying to see if the fees asked for are within the range one would expect.

[momof1 205]

i paid our lawyer $5,000 for consular processing and for the filing of 601 and 212 waivers. The I-130 was filed back in 2003 and because of complications(we started on our own and he got stuck in name check for over 2 years) we hired our lawyer to take over. She was already my husband's lawyer for his asylum so we kept her for everything that followed as well. For the I-130, we put $1000 in an account and subtracted fes as she did work.

The estimate for services that you have been quote seems VERY reasonable. I think it's very reasonable especially if it includes the filing fees which it seems that it does. Heck, it's reasonable even without the filing fees. Most lawyers dont include filing fees....ours didn't.

[kuhio 1]

i paid our lawyer $5,000 for consular processing and for the filing of 601 and 212 waivers. The I-130 was filed back in 2003 and because of complications(we started on our own and he got stuck in name check for over 2 years) we hired our lawyer to take over. She was already my husband's lawyer for his asylum so we kept her for everything that followed as well. For the I-130, we put $1000 in an account and subtracted fes as she did work.

The estimate for services that you have been quote seems VERY reasonable. I think it's very reasonable especially if it includes the filing fees which it seems that it does. Heck, it's reasonable even without the filing fees. Most lawyers dont include filing fees....ours didn't.

Thanks for that. Very helpful. I think maybe the fees are a little lower because the Attorney while licensed in the US is locally based here in Bangkok. Anyway, thanks for the info.