Looking for Advice

[IntoTheLight 5]

Hi,

I'm a Canadian recently engaged to a US citizen from AZ. We're planning to file for the K1 visa soon, but aren't sure whether using a lawyer would be better. My case is a little complicated, so I feel kind of lost about how to proceed.

I currently live with my mom and work part time (not enough to support myself ). However, life at home is very unstable (she is abusive) and has told me that once we file, I have to leave home, even if I end up on the street. I Also must leave most of my possessions for her. So, I don't even know what address to file or where I will be located at any time, as I have no friends or family I could stay with. Would I even be able to visit him during the process without proof of a living place? If So, any chance I could go for many months So I'd at least have a place to stay?

Due to the amount of stress at my end, we figured hiring a lawyer might help. It would take pressure off us and help to ensure this process doesn't take longer than it needs to, due to our lack of experience. Is this a smart move or waste of money? Are there any lawyers you guys could recommend?

Also, what are the current general wait times for Canada to US? I've tried looking and am just confused by the whole thing.

Thanks for any help.

[Pitaya 2,577]

Hi,

I'm a Canadian recently engaged to a US citizen from AZ. We're planning to file for the K1 visa soon, but aren't sure whether using a lawyer would be better. My case is a little complicated, so I feel kind of lost about how to proceed.

I currently live with my mom and work part time (not enough to support myself ). However, life at home is very unstable (she is abusive) and has told me that once we file, I have to leave home, even if I end up on the street. I Also must leave most of my possessions for her. So, I don't even know what address to file or where I will be located at any time, as I have no friends or family I could stay with. Would I even be able to visit him during the process without proof of a living place? If So, any chance I could go for many months So I'd at least have a place to stay?

Due to the amount of stress at my end, we figured hiring a lawyer might help. It would take pressure off us and help to ensure this process doesn't take longer than it needs to, due to our lack of experience. Is this a smart move or waste of money? Are there any lawyers you guys could recommend?

Also, what are the current general wait times for Canada to US? I've tried looking and am just confused by the whole thing.

Thanks for any help.

Welcome to the forum.

Since this is primarily a DIY site, you won't likely hear too many positive or encouraging postings about immigration attorneys. There may be some good ones, become acquainted with the forum's Google search function, it can be your friend. Located at the top of the forum page. There is a world of great immigration info, including a comparison guide with estimated time frames for the various visas.

Good luck on your visa journey.

[Cathi 5,755]

A lawyer will not speed up the process

[sara80 17]

Going through a lawyer won't make your life easier, I'd save the money you'd pay to the lawyer and invest it on renting, possibly sharing a flat where you are at the moment.

If your only problem is what you explained, that has nothing to do with getting a k1 faster through a lawyer.

I'd go DIY, just read the guides very well and ask on the forum if in doubt for something. There are great people on here, willing to share their knowledge and help. I was overwhelmed at first by the many documents and proof requested but I got my visa with no RFE (request for further evidence) and now filed for AOS (adjustment of status).

If you'll be moving during the process you can change the address later on, I did too and the main thing you want to make sure to receive is your visa at the end of the process. For that you'll be filling your address out just after your interview (at least for London), so don't worry!!

Edited February 5, 2013 by sara80

[Harpa Timsah 13,258]

Maybe look into opening a Post office box as a place to receive mail. Your mom won't know when you file... how would she? The first part of the process is done by the USC. Good luck.

[raf.luv.leah 5]

I don't think using a lawyer will get you a faster visa. Instead of using the money on an attorney, maybe you can instead use it for temporary housing if your mom kicks you out? You can also live with your fiance for 180 days, if I'm not mistaken, since you're a Canadian citizen (just don't get married during your stay there! That is frowned upon). If the whole process takes a year, that amounts to you living 6 months semi-independently in Canada (using the money you/he plan to pay the lawyer) and 6 months with him.

Good luck whatever you decide.

[IntoTheLight 5]

A&B: My apologies for not searching. I'm using the mobile version and didn't see the option.

I guess I was just hoping for a bit of situation specific advice. I've read a ton of the dyi info on the government sites. I'll take some more time to check out what's on here. Thanks.

Mimolicious: I am aware of that, but it's more us not doing something right and slowing it down that I was concerned of.

[Inky 1,110]

Mimolicious: I am aware of that, but it's more us not doing something right and slowing it down that I was concerned of.

A lawyer does not care about your petition or your situation, just about getting paid thats all. They would care less about your petition than you would. More likely for the lawyer to mess stuff up so you pay them longer and more money.

Get a P.O box or a box at the post office and collect your personal mail from there so your mom doesn't know or see it. Do the paper work yourselves it will save you a LOT of money considering this process is already very expensive. If you make a mistake for whatever reason - it will be free and easy for yourselves to fix it. But this website has fully filled out example forms, offers advise from people who already did the forms etc and you can check quickly before sending something / doing something to make sure everything is correct.

[Cathi 5,755]

A&B: My apologies for not searching. I'm using the mobile version and didn't see the option.

I guess I was just hoping for a bit of situation specific advice. I've read a ton of the dyi info on the government sites. I'll take some more time to check out what's on here. Thanks.

Mimolicious: I am aware of that, but it's more us not doing something right and slowing it down that I was concerned of.

Actually you did ask if using an attorney would make the process go more smoothly, if anything an attorney will slow it down. They could care less about how fast or slow or smooth your case goes, as long as they get paid. In any case, if you follow the guides at the top of the page, you will be able to do it on your own and spare yourself the expense of an attorney. Before my husband and I sent in his I-130 I consulted with an attorney, he wanted a exorbitant amount of money just to send in papers and documents I had to give him in the first place. Before I found visa journey I did the entire USCIS stage on my own ,without an RFE. I found this site after our case was already at the NVC. If you use the guides here, as long as your case is pretty straightforward, you should be fine. I agree with the others, get yourself a PO box, you can have your mail sent there and your mom will be none the wiser. Good luck!

Edited February 5, 2013 by mimolicious

[Rob & Monika 87]

There is a canadian section on the forums as well for future reference when you get to specific questions regarding the second half of the process.

If you are west coast, your processing time will be one or two months faster than if you are east, as Montreal is very slow at processing visas, and Vancouver tends to be pretty quick with K-1s. The overall process takes 7-12 months, depending on a variety of factors.

As far as staying with your fiancee during the wait, you are allowed up to 6 months to visit during the past 12 months. The main issue is dealing with the border. If you fly, they will want to see a return ticket purchased, otherwise they will send you back, or convince them you have some other means of returning. Sometimes when you cross and say you want to stay for 6 months to stay with your fiance, they may flat out deny you, or reduce the time they will allow you to stay legally. It will come down to you proving that you are not moving yet, and that you will be returning at some point, and will depend on what border agent you get and what mood they are in.

[ico 1]

How much is the lawyer? The process is a pain an any mistake can delay it all several months. Anyway you will find a lot of help here, and if you want I can personally guide you, since I already got married and went through all the proces.

[aws&ndd 103]

Don't waste the money on a lawyer, because the process is rather simple and using a lawyer would be a waste of time and money. The biggest help for me was the K-1 guide, the example forms, and the many helpful people on VJ. We have all been through this, some of us still going through the processes, so the wealth of information is enormous. The process was not designed to be difficult, you only need to prove 3 things on the petition: the petitioner is a US citizen, you are both legally free and willing to marry, you have met each other in person within the last 2 years. Nothing a lawyer can do to help you with it, because YOU have all the proof and information you need to file.

[Conchale Vale 5]

Just a comment for what it is worth based on what you have written. If you are living at home due to lack of income are ytou going to be able to meet the income requirements needed to apply for a k1 visa? i would think that is more importatn to address thana lawyer they really wont do anything you can't do yourself. Actually disreagard as i see you are not the petitioner so it shouldn't make any difference..can figure out how to delete my post

Edited February 6, 2013 by Conchale Vale

[Da and Di 0]

In My experience, if you both file K1 Visa, USCIS will contact your petitioner (US Citizen) like send letter of notification (NOA1 and NOA2) and if you have a appointment to get interview in the US Embassy, they will send you thru email . So if you are beneficiary, you don't need to worry about they will send you by mail. I hope it will help you

[CaroSL 68]

Due to the amount of stress at my end, we figured hiring a lawyer might help. It would take pressure off us and help to ensure this process doesn't take longer than it needs to, due to our lack of experience. Is this a smart move or waste of money? Are there any lawyers you guys could recommend?

Ok, so unless your case is really complicated, a lawer won't be able to do much for you.

The main thing to do is to fill out forms with information that just you and your fiancé can have, not a stranger, and add evidences that once again, just you and your fiancé can have. So with the guides, you should be fine, you don't need a lawer.

For the adress, do you have a good friend you trust? the important thing is that you can recieve your mail there. I think you can change it durring the process, once you have an adress of you own.

Wait times: for NOA2 it doesn't depend of the country, it is the same for everyone they all sit in the same pile. It does depend of the service center though. So between 5 to 8 months to have your NOA2 (the first thing you will hear from the administration about your case)

then you have to add the time to have your interview and then your visa, between 2 and 3 months.

So the whole thing is between 7 months and a bit more than a year.