Attorney advice k3-IR1

[Karee 4,190]

I suspect the same, this case is very educational. I am not familiar myself with the waiver process but if OP has paid the law firm for it to be prepared already then so I think it's worth to try "do it myself" the NVC process 'till you get to interview stage then if God forbids you'll face hurdle then there's the lawyer. I applied for K3 myself and I am even thankful it got administratively close as I-130 got approved at NVC first, man! VJ says adjusting or AOSing here later takes another year and it seem to cost more. Their is a helpful guide what to do next here and at NVC site. OP should not worry about I-130 packet as that should have been sent at USCIS stage. I just think the lawyer is more of not aware about the system changes. My sister in law husband works as a border patrol and until now they insists that K1 visa route is faster than CR1 and it's uncomfortable to chime in and say NO and act like I know better than him who supposedly know better than me.

K1 is actually faster to get to the U.S. than CR-1 since there's no process at NVC. Only problem is that K-1, you can't do anything once you arrive in the U.S. for a good 3 months. Also, K-1 ends up cost ~$500 more in the long run due to having to adjust status.

[GlobeHopperMama 95]

I think it's odd that your attorney refers to an additional fee for "consular processing". whether K3 or IR1, both of these are done at the consulate, both are consular processing. I am really concerned that this lawyer does not understand the process very well, especially if he didn't know that K3s have administratively been getting closed for at least a year now.

I think before you make a decision, you should visit the waivers section of this forum as well as immigrate2us.net, which is a forum specifically dedicated to consular filing with a waiver. It's hard to walk away from an investment in a lawyer, and frankly, even with the additional "consular processing" fee, your lawyer isn't charging as much as many of the leaders in the consular processing field. A waiver is a complicated venture, many have succeeded at doing them alone, but you really have to be ready, do a ton of research, and be sure of yourself. In this case, it sounds like you really might be better off doing the waiver yourself rather than paying an incompetent lawyer. But first, I would be sure to do a consultation with a lawyer trusted in the waiver community, to check the facts of your case, make sure you're on the right track. Laura Fernandez and Lizz Cannon are two suggestions that I personally have worked with, trust, and love their work, and they both do free initial consults. Laurel Scott is one of the best in the industry, runs a free weekly chat on her website, and can also be trusted for advice. Link to her site in my signature.

[GlobeHopperMama 95]

In fact, on my way to work just now, I was thinking...if your attorney didn't know about the administrative closure of K3s, he probably doesn't know that waivers are no longer being submitted via the consulate, and now they go through a lockbox procedure in the US. It doesn't necessarily affect the actual preparation of the waiver, but it certainly will affect the way it's processed, and you don't want to pay someone who has no idea how this works. If you go to immigrate2us.net's General Waiver Info section, there is a thread dedicated to details of lockbox filing and a timeline thread which shows that right now, lockbox-filed waivers are being processed substantially faster than waivers filed at the consulate prior to this change. Definitely read that section before you proceed, just so you can be fully informed no matter what you decided to do, with or without the lawyer.

[Julie y Pat 67]

Yeah, you really can't take the "consular processing" out of the visa process, whatever type of visa it is. Pushbrk made a great point about there being no Adjustment of Status, which at his rates would probably be around $2500 that he now wants for the "consular processing". They're married almost four years, so it would be an IR1, with no Removal of Conditions, so he will miss out on a nice fee there, too. Depending on what documents are required with the waiver, he may also be missing out some good translation fees, because "consular processing" won't require documents in spanish to be translated. Waiver aside, the petition and "consular processing" can easily be done yourself with the help you can find on this great site. Depending on why you need the waiver, it's possible to do that yourself also, with the resources that can be found on I2US. Go there and read everything you can by GlobeHopperMama's lawyer Laurel Scott. You've already paid the lawyer for the waiver, but has he already prepared it? If it's not already prepared, I might not have full confidence in the waiver that is prepared if his firm is not retained for the "consular processing". That's not as bad as it sounds, because your case has many factors which I think make it a more easily approved waiver. Check out what Laurel Scott says about mitigating and aggravating circumstances, and the role they play in determining how extreme the hardships have to be. Have your wife send the form to name you as agent, and do the "consular processing" yourself and save the $2500, I don't think it's worth it. Tell the lawyer you convinced NVC to reopen the approved I-129, so there will be no consular processing after all. Get the best waiver you can from him, since you already paid for it. By then you will have learned so much about waivers from I2US that you'll know whether your lawyer prepared a good waiver or not.

[issha2lynden 77]

K1 is actually faster to get to the U.S. than CR-1 since there's no process at NVC. Only problem is that K-1, you can't do anything once you arrive in the U.S. for a good 3 months. Also, K-1 ends up cost ~$500 more in the long run due to having to adjust status.

Well last time I checked CR1/IR1 approval takes 7- 12 months and K1 seems run the same timeline. I even have a friend under IR1 who got her visa in 3 months time without expedite request or anything last year.

[SarahZeeshan 0]

pls do not go for attorney...try to take help from this forum...trust me my husband's attorney got me 2 months late and charged about 1000$ with no use...at the end when i got query from nvc i compiled all my docs and told my husband to send to NVC after consulting the lawyer..bacuse we didnt fired out lawyer...its very easy make a packet and send it to nvc.,

[Karee 4,190]

Well last time I checked CR1/IR1 approval takes 7- 12 months and K1 seems run the same timeline. I even have a friend under IR1 who got her visa in 3 months time without expedite request or anything last year.

K-1 doesn't have to do anything at NVC. They forward it straight to the embassy. IR-1 has quite a few things. Takes 3 weeks minimum at NVC for IR-1. Also, the consulate schedules all the K visa interview timeslots first. NVC schedules IR-1 with what is left over. My interview was approx. 3 months after case complete at NVC.

[Darnell 8,478]

your attorney did not scam you and he is right to get waiver for overstay. Its not his fault K3 became obsolete and CR1 track has to be pursued. So far he has delivered what you paid him for.

Reading your posts here I think you need to pay this guy the money and proceed because DIY is not always best for EVERYONE.

If you want to do it then follow the link karee gave you....

disagree.

The K-3 'closing' at NVC is a known thing, from FEB 2010. For an attorney to not know that, smacks of ignorance.

For an attorney to KNOW that and still push through the K-3, smacks of a twisted professional trying for more monies for fees.

For you to claim it's not the lawyer's fault - that speaks volumes of your POV and understanding.

For you to make that statement, is disingenuous...

[Darnell 8,478]

Is'nt everything I need for the IR-1 packet already in the k-3 packet? NVC informed me that the k-3 information will be sent along with my 1-130 to the consulate I believe.

yes and no.

at the embassy, a K-3 packet is collected, which is a partial ds-230 and an affadavit of support (I-134) plus some other documents (ds-156, for example)

at NVC, the VISA APPLICATION set is taken, a full ds-230 with civil documents and an affadavit of support (I-864) , checked for completeness and financial stuff, then sent on to the IV Unit at the Embassy.

Although the forms seem similar, the underlying process is not.

For NVC Intake, YOU can prep all that stuff - if it seems too difficult to do, hire a young college student to assist you for up to 10 hours.

Please realize that VJ is a DIY immigration web portal - so in the concept of 'DIY' you'll find the guides you need to successfull complete the paperwork at each stage of this process.

[bigdog 376]

You can do this unless their is something special or unusual which might need an attorney. I would shop around if one is needed.

[pushbrk 12,893]

You can do this unless their is something special or unusual which might need an attorney. I would shop around if one is needed.

Well, sort of. Bear in mind the OP already has an attorney of record with a G-28 on file. To handle the NVC stage themselves, they must first effectively fire the original attorney by filing a DS3032 naming themselves or a subsequent attorney as the agent of choice.

[bigdog 376]

Well, sort of. Bear in mind the OP already has an attorney of record with a G-28 on file. To handle the NVC stage themselves, they must first effectively fire the original attorney by filing a DS3032 naming themselves or a subsequent attorney as the agent of choice.

Thanks for catching me, brother.

[issha2lynden 77]

K-1 doesn't have to do anything at NVC. They forward it straight to the embassy. IR-1 has quite a few things. Takes 3 weeks minimum at NVC for IR-1. Also, the consulate schedules all the K visa interview timeslots first. NVC schedules IR-1 with what is left over. My interview was approx. 3 months after case complete at NVC.

I know how CR1/IR1 has to go through the NVC AOS approval and stuff process I gone through with that last year and mine took 2.5 months. I saw someone here at VJ under same category who only did it 1 month at NVC and got her interview, it depends on how good and quick you are in handling the entirety of the process. There are old members here who would educate you that approval timeline for K1 and CR1/IR1 are now at the same speed rate at least at USCIS stage. I think I once read about this change at USCIS website too in 2010 when we filed. But you are right in a way k1 is faster in the sense that they don't have to go through the NVC and filers can in fact schedule their interview with the Consulates once their case permits but with the usual 221g issuance after the interview VJ records 7-1 yr average for both category seem to show.

[Karee 4,190]

I know how CR1/IR1 has to go through the NVC AOS approval and stuff process I gone through with that last year and mine took 2.5 months. I saw someone here at VJ under same category who only did it 1 month at NVC and got her interview, it depends on how good and quick you are in handling the entirety of the process. There are old members here who would educate you that approval timeline for K1 and CR1/IR1 are now at the same speed rate at least at USCIS stage. I think I once read about this change at USCIS website too in 2010 when we filed. But you are right in a way k1 is faster in the sense that they don't have to go through the NVC and filers can in fact schedule their interview with the Consulates once their case permits but with the usual 221g issuance after the interview VJ records 7-1 yr average for both category seem to show.

What usual 221g issuance?